Research Article
Transgender in Indonesia According to The Legal, Health and Culture Perspective
@INPROCEEDINGS{10.4108/eai.1-7-2020.2303651, author={Nurul Ummah and Mokhamad Najeh and Tongat Tongat}, title={Transgender in Indonesia According to The Legal, Health and Culture Perspective}, proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2021}, month={1}, keywords={transgender ius constitutum health culture human rights}, doi={10.4108/eai.1-7-2020.2303651} }
- Nurul Ummah
Mokhamad Najeh
Tongat Tongat
Year: 2021
Transgender in Indonesia According to The Legal, Health and Culture Perspective
ICILS
EAI
DOI: 10.4108/eai.1-7-2020.2303651
Abstract
Transgenders are part of a sexual minority group whose orientation differs from the majority of Indonesian society. They are considered to have abnormalities and violate nature, which is inappropriate in Indonesian culture. Yet, based on Ius Constitutum, transgenders have freedom in determining their life. They also have legal protection which are Article 1 (paragraph 3) of 1999 Law no.39 and Article (28) of the 1945 Constitution. However, this human right has limitations related to morals, religion, security and public order. This research aims to perceive transgender from Ius Constitutum, medical and Indonesian culture perspectives, along with its negative and positive impacts.As the result, negative impact experienced by transgender people. Those are isolation from society, activities limitation (namely hanging out, going to the toilet, having religion and socializing), potentially carrying diseases such as HIV-AIDS, and limiting mobility of others who feel uncomfortable about their existence.