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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This research aims to research the existence of Transgender groups, namely the Arus Pelangi and legal protection for Transgender groups in Indonesia.
This study uses a descriptive qualitative method with a normative approach. Primary data was obtained through interviews with Komintas Arus Pelangi. The data analysis technique used is a qualitative descriptive method with a deductive approach.
The results of this study show that the state only recognizes 2 genders, namely male and female, there is no legal certainty for transgender groups. According to Positive Law in Indonesia, legal protection for transgender people is based on the right to life, the right to obtain welfare in life, and the right to develop oneself in the realm of expressing opinions, association, gathering, choosing beliefs, expressing thoughts and attitudes, according to one's conscience. Human Rights contained in Law No. 39 of 1999 is to place justice for minority groups equally by paying attention to their access both socially, legally and economically, because in existence transgender in Indonesia exists and has been going on for a long time, it has been discovered since 1545 and has developed from 1983 until now. And legal remedy for transgender people in Indonesia is a non-discriminatory attitude based on Law No. 39 of 1999. According to Islamic law, it only recognizes 2 genders and Islamic law in Indonesia does not regulate the existence of Transgender. In the MUI Fatwa No.03 MUNAS of 2010 regulates khuntsa namely someone who is bisexual and genital surgery as a form of refinement and improvement, not an effort to change. The discriminatory attitude towards all creatures of God is not justified.

14/PMH/2024

14/PMH/2024

Perpustakaan FSH Lantai 4

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