Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Transgender in Indonesia According to The Legal, Health and Culture Perspective

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  • @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
Nurul Ummah1,*, Mokhamad Najeh1, Tongat Tongat2
  • 1: Graduate Programs, Faculty of Law, Universitas Muhammadiyah Malang, Indonesia
  • 2: 3Graduate Programs, Faculty of Law, Universitas Muhammadiyah Malang, Indonesia
*Contact email: nurulummah86@gmail.com

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.