Pertimbangan Hakim dalam Memutus Permohonan Perubahan Identitas Jenis Kelamin

Abstract

Objectives: This study aims to examine the legal framework governing changes in the identity of transsexual individuals, the procedures required to apply for such identity changes, and the considerations of judges in deciding applications for identity changes submitted by transsexual individuals.

Methodology/Approach/Design: This research employs a socio-legal approach with a descriptive-analytical specification, supported by primary data obtained through interviews and secondary data derived from an analysis of court decisions.

Results and Discussion: The findings indicate that although there is no explicit regulation concerning transsexuality, population administration law provides a legal avenue for individuals to apply for changes in sex identity through judicial mechanisms. In practice, changes in sex as part of individual identity have not been expressly regulated in statutory provisions. Nevertheless, the population administration legal system provides a mechanism for the registration of other important events requiring court determinations, including changes in sex identity. In adjudicating such applications, judges base their considerations not only on normative legal aspects but also on non-legal aspects, such as religious, biological, psychological, and social factors attached to applicants seeking identity changes.

Practical Implications: This study has practical implications for the regulation of changes in sex identity as part of individual identity by accommodating non-legal factors, including the biological, psychological, and social aspects of applicants seeking identity changes.