Abstract
Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta.
Highlights
Humans and Human Rights are an inseparable unit
Legal protection for discriminatory behavior experienced by transwomen has not been implemented optimally
All provisions made to guarantee the human rights of transwomen are regulated in various international and national human rights law instruments
Summary
Humans and Human Rights are an inseparable unit. The two are interrelated since human rights are inherent in an individual from birth until the entity ceases to exist from life. Purba et al (2020) defines human rights as rights that have been obtained and brought along with their birth and presence in people's lives. Law Number 39 of 1999 concerning Human Rights in Article 1 Point 3 describes discrimination as any restriction, harassment, or exclusion which is directly or indirectly based on human differences on the basis of religion, ethnicity, race, ethnicity, group, class, social status, economic status, gender, language, political beliefs, resulting in the reduction, deviation or erasure of the recognition, implementation or exercise of human rights and basic freedoms in both individual and collective livelihood in the political, economic, legal, social, cultural sectors and other life aspects. Gender-based minority groups are vulnerable to discriminatory acts, including transgender women (Transwomen). The Community Legal Aid Institute (LBH Masyarakat) conducted research throughout 2017 and there were 715 transgender people victims of sexual orientation-based discrimination and violence (Listiorini et al, 2019). The main objective of this study is how the legal protection for discrimination experienced by sexual minority groups (trans women) in DKI Jakarta
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