The Existence of Same-Sex Marriage in the Perspective of Human Right and Legal in Indonesia
Advances in Sciences and Humanities
Volume 5, Issue 2, April 2019, Pages: 49-54
Received: Jan. 16, 2019; Accepted: Mar. 22, 2019; Published: Apr. 18, 2019
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Authors
I. Made Suwitra, Faculty of Law Universitas Warmadewa Denpasar, Bali, Indonesia
I. Wayan Wesna Astara, Faculty of Law Universitas Warmadewa Denpasar, Bali, Indonesia
I. Ketut Kasta Arya Wijaya, Faculty of Law Universitas Warmadewa Denpasar, Bali, Indonesia
I. Made Minggu Widyantara, Faculty of Law Universitas Warmadewa Denpasar, Bali, Indonesia
Putu Sawitri Nandari, Faculty of Law Universitas Pendidikan Nasional Denpasar, Bali, Indonesia
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Abstract
Marriage Problems in Indonesia before The issuance of Act No. 1 of 1974 concerning Marriage as a State law was regulated in the customary law of each customary law community. Regarding the terms and validity of the marriage submitted to their respective religious law. Therefore, whether such marriage is permitted or not is determined by the laws of each religion. After the issuance of Act No. 1 of 1974, same-sex marriage has not been regulated, but their existence as citizens is not differentiated from other citizens, such as the right to life, the right to work, the right to use the right on politic, the right on education, the right on economy. Therefore the research problem that needs to be studied is how the marriage is seen from the perspective of Human Rights and from the perspective of State Law? The research method used is in the form of normative legal research and empirical legal research with statute approaches, analytical approaches, case approaches, and legal anthropology approaches. Data is then analyzed using hermeneutic and qualitative techniques. Marriage in customary law and state law can only be done between men and women in Balinese customary law are known as purusa and predana, with the main goal of continuing a generation which according to Balinese customary law is called suputra. Marriage is having the aspect of religious, sociological, and juridical. While the tendency shows, same-sex marriage is done by falsifying documents of self-identity so that it is against the state law and customary law which include religious laws. Therefore, those who are only interested in the same sex must make gender choices as part of human rights when they are married to a single status as a male and the other party has the status of a woman who can be legally represented by various documents, as well as sociologically reflected as husband and wife and can be accepted in the community where they are resided.
Keywords
Customary Law, Human Right and Legal, Legalality of Marriage in, Same-Sex Marriage
To cite this article
I. Made Suwitra, I. Wayan Wesna Astara, I. Ketut Kasta Arya Wijaya, I. Made Minggu Widyantara, Putu Sawitri Nandari, The Existence of Same-Sex Marriage in the Perspective of Human Right and Legal in Indonesia, Advances in Sciences and Humanities. Vol. 5, No. 2, 2019, pp. 49-54. doi: 10.11648/j.ash.20190502.12
Copyright
Copyright © 2019 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
[1]
Surojo Wignjodipuro, 1979, Introduction and Common Law Pricipals, Third Edition, Alumni, Bandung.
[2]
Roescoe Pound, 1982, Introduction Philosophy of Law, Translate. Mohamad Rajab. Cetakan Ketiga. Bhratara Karya Aksara. Jakarta.
[3]
Nyoman Nurjaya. 2006. Natural Resource Management in Anthropology Perspective of Law, First Edition. Cooperation of Master Program of Legal Science Graduate Program of Unibraw, ARENA LAW Magazine Faculty of Law Brawijaya Universitas with Publisher Malang Malang (UM PRESS Malang).
[4]
Ronny Hanitijo Soemitro. 1983. Metodology of Legal Reseach. First Edition. Ghalia Indonesia. Jakarta.
[5]
Peter Mahmud Marzuki, 2005. Legal Reseach. First Edition. Fajar Interpratama. Surabaya.
[6]
Johnny Ibrahim. 2006. Theory & Metodology of Normative Legal Reseach. Revition Edition. Second. Bayumedia Publishing, East Java.
[7]
Jazim Hamidi. 2005. Hermeneutics of Law, The Theory of New Law Discovery by Text Interpretation, First Edition, UII Press, Yogyakarta.
[8]
Earl Babbie. 1999. The Basics of Social Research. Wadsworth Publishing Company. Amerika.
[9]
Edmund M.A. Kwaw. 1992. The Guide to Analisys, Legal Methodology and Legal Writing. Emond Montgomery Publications Limited. Canada.
[10]
Wirjono Projodikoro, 1984, The Law of Marriage in Indonesia, Eighth Edition, Sumur Bandung, Jakarta.
[11]
Subekti, 1982, The Principles of Civil law, Edition XVI, Intermasa Publisher, Jakarta.
[12]
R.Soetojo Prawirohamidjojo and Asis afioedin, 1986, People Law and Family Law, Editon V, Alumni, Bandung.
[13]
E. Utrecht, 1959, The Introduction to Indonesian Law, Sixth Edition, Penerbitan and Balai Buku “Ichtiar”, Djakarta.
[14]
E. Fernando M. Manullang, 2007, Reaching Justice Law, Buku Kompas Publisher, Jakarta.
[15]
Michiel Otto, 2003, Reele rechtszakerheid in ontewikkellingslanden, trans. Trsitam Moeliono. Real Legal Certainty in Developing Countries, National Law Commission of the Republic of Indonesia (KHN-RI), First Editio.
[16]
Darji Darmodiharjo dan Shidarta. 1996. Principles of Law Philosophy, what and how Law Pholosophy in Indonesia. Revision Edition. Second Edition. PT. Gramedia Pustaka Utama. Jakarta.
[17]
Soleman B. Taneko 1987. Customary Law as First Introduction and Future Prediction. Eresco, Bandung.
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