KAJIAN JENDER TERHADAP PERKAWINAN SEJENIS (KHUSUSNYA HOMOSEKSUAL) DI INDONESIA

Mulatua, Bona (2007) KAJIAN JENDER TERHADAP PERKAWINAN SEJENIS (KHUSUSNYA HOMOSEKSUAL) DI INDONESIA. S1 thesis, UAJY.

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Abstract

Gender's knowledge about marriage by couples of the same sex (special for homosexual couple) in Indonesia Marriage by couples of the same sex is not legal by law in Indonesia but there are many couples of the same sex who get married in other countries which the marriage by couples of the same sex is legal or just live together without marriage. In this writing there are two problems that appear. Firstly, how marriage by couples of the same sex (special for homosexual couple) viewed by gender's perspective and connected to Indonesian Marriage act. Secondly, how the reality of marriage by couples of the same sex in Indonesia connected to Indonesian Marriage acts. This law research using normative law research. Data source using secondary data consist of primary law substance and secondary law substance. Vertically law systematization using derogation principle with basis of law conduct is lex superior derogate legi inferiori. Horizontally law systematization using noncontradiction principle with basis of law conduct is lex specialist derogate legi generalist. This writing using deductive principle to get the conclusion. Marriage by couples of the same sex, by homosexual couple or lesbian couple can be correct if it is looking at from gender because position of the man as a husband changes to be a wife and the other way position of the woman as a wife changes to be a husband. In Indonesia, marriage by couples of the same sex is not legal by law. Because the Indonesian marriage acts only legalize marriage by a man and a woman (marriage by the different sex). So if the couples by same sex want to get married, they must go to the other countries which the marriage by couples of the same sex is legal, like Netherland, Canada, or Spanish. In Jakarta, there is one foundation named Arus Pelangi who gives facilities for couples of the same sex to make an agreement if they want to live together but they are not married. This Agreement is made for couples of the same sex when they want to live together and mixed their property. So if they separated, there is not property struggle between them. This foundation also give law protect for gay, lesbian, bisexual, and transsexual in Indonesia.

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