Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Same Sex Marriage in Legal and Human Rights Perspectives

Author(s): Deity Yuningsih, Oheo K. Haris, Ali Rezky, Hilaire Tegnan

Homosexuality, in certain countries, has created crucial controversies from socio-legal point of view. In recent decades, homosexuality has become a growing issue in Indonesia as voices are being heard that demand legislations protecting the rights of homosexuals, bisexuals and transgender. These rights, among others, include the right to enter into a marriage and raise a family. The controversy surrounding this sensitive, yet vital issue is due to the fact that the 1945 Constitution says that Indonesia is a rule of law country despite the predominance of Islam. This research is a socio-legal research that discusses same sex marriage issues by using legislative and conceptual approaches. The research reveals that same sex marriage is legalized in some countries through the recognition and respect for human rights principles demanding that every individual be treated indiscriminately. In the Indonesian legal contest, though same sex marriage is in line with principles of human rights, it is in contradiction with the Indonesian culture and the teachings of Islam.