Abstract
Indonesian marriage states that marriage is physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that the marriage in Indonesia must be between heterosexual couple. However, a question appears as to whether a man or a woman mentioned thereof is included a man and a woman who were, hermaphrodite, intersex, or nowadays known as person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage is cancelled by the Supreme Court in 2014 for he is not considered as a man, is confirming that this question is important to value the capacity of a person to marry. This writing will apply normative research as well as literature research method upon the positive rules and regulations. The decisions of district courts upon the revision or change of gender and its legal basis will be analysed and be the topic of discussion. Comparison will be applied to compare the marriage requirements between Indonesian Law, Singapore Law and Hong Kong Law. The results of analyse and discussion will be the closure of the writing, as conclusions and advise, if any.
Highlights
Sexual reassignment surgery has become an issue in Indonesia since 1973
The absolute monogamy principle is adopted in Singapore and Hong Kong, while Indonesia adopted the limited monogamy principle, in which polygamous marriage could only occur if the couple obtains a prior decision by the district court to do so upon specific circumstances.[6]
The sex identity of the person for this purpose must be stated at the time of the marriage in which their identity card issued based on the National Registration Act, and a person who has undergone a sex reassignment surgery shall be identified as the sex of which the person has been re-assigned to
Summary
Sexual reassignment surgery has become an issue in Indonesia since 1973. The District Court of South-West Jakarta, at that time, granted the request of the applicant that made him/her legally a woman as of the issuance date of district court decision.[1]. The judge valued the testimony and opinion of the religion of the claimant This decision was issued a year before Law No.[1] of 1974 regarding Marriage was promulgated (hereinafter referred to as the “MA 1974”)[3]. In addition to the above, marriage requirements to the prevailing regulations of Singapore and Hong Kong, in particular the sexual identity, will be compared. Both countries have been chosen because many Indonesian couples tend to solemnize their marriage there, other than any other countries. Comparison to Singapore and Hong Kong is about to sharpen the definition and interpretation of “man” and “woman” which could or might be possible to be adopted This writing will use particular terminologies which will be defines below. Reconstruction surgery is under the scope of plastic surgery and it is a medical action that is undertaken for recovery or to increase the physical health condition of patients which focuses on the appearance and its function.[5]
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
