Penetapan Pengadilan Tentang Perubahan Identitas Seorang Transeksual (Penetapan Pengadilan Negeri Singkawang No. 167/Pdt.P/2018/Pn.Skw)

Abstract

Regarding sex reassignment surgery performed by a transsexual. This is not specifically regulated in laws and regulations so that it causes misperceptions that occur among the public regarding whether or not it is permissible to carry out sex reassignment surgery. Advances in medical technology currently make it possible for someone to perform sex reassignment surgery, but there must be a medical reason or a discrepancy between the genitals and one's identity so that the existence of transsexuals causes problems with legal status and legal consequences. The formulation of the problem in this research isHow is the civil legal status of a transsexual in terms of Law Number 24 of 2013 Amendment to Law Number 23 of 2006 concerning Population Administration, what are the legal consequences of changing the status of a transsexual and how are the judges' legal considerations in the application for the determination of the Singkawang District Court Number: 167 /Pdt.P/2018/Pn.Skw. This type of thesis research uses normative legal research, which is descriptive analytical, where the approach to the problem is carried out by reviewing the provisions of the applicable laws in the field of law relating to transsexuals. From the research results it is known thatThe civil legal status of transsexuals in terms of Law No. 24 of 2013 concerning Population Administration will be legal in the eyes of the law if they submit an application to the court. In connection with other important events containedArticle 97 paragraph (2) of Presidential Regulation 25/2008 is as follows "Other important events as referred to in paragraph (1) include changes in gender."The gender status of a person who performs sex/transsexual surgery has legal consequences including marriage, inheritance and the last is the funeral process.Based on the determination of the Singkawang District Court Number: 167/ Pdt P/2018/PN Skw. The judge's legal considerations are based on aspects, namely aspects of legal facts at trial.