Transgender viewed from the perspective of positive law, health, and cultures in Indonesia (original) (raw)

Transgender in Indonesia According to The Legal, Health and Culture Perspective

2021

Transgenders are part of a sexual minority group whose orientation differs from the majority of Indonesian society. They are considered to have abnormalities and violate nature, which is inappropriate in Indonesian culture. Yet, based on Ius Constitutum, transgenders have freedom in determining their life. They also have legal protection which are Article 1 (paragraph 3) of 1999 Law no.39 and Article (28) of the 1945 Constitution. However, this human right has limitations related to morals, religion, security and public order. This research aims to perceive transgender from Ius Constitutum, medical and Indonesian culture perspectives, along with its negative and positive impacts.As the result, negative impact experienced by transgender people. Those are isolation from society, activities limitation (namely hanging out, going to the toilet, having religion and socializing), potentially carrying diseases such as HIV-AIDS, and limiting mobility of others who feel uncomfortable about th...

Priawan: Indonesian male transgenders

Masyarakat, Kebudayaan dan Politik

There have been cases of male transgender in Indonesia, yet there is a small study about them. Why do some biological females claim their identity as male transgender? How do they think of themselves as male transgender? The researcher study their life history and how they see themselves as male transgender. We have a total of six research subjects who acknowledged themselves as male transgender. This research used the in-depth interview for gathering data within six months. The results found that they became transgender based on their desire rather than coercion from others. Some of them were comfortable in coming out to their family, but most were considering how the society would judge them, and how they might bring shame to the family. Three research subjects were not able to show their true identity as transgender, because of several considerations, such as the fear of being ostracized by the society and the fear to be eliminated from their family. They took the gender role acc...

Konstruksi Masyarakat Jawa Kuno terhadap Transgender Perempuan pada Abad ke 9-14 M

AMERTA

The Construction of Ancient Java Community Towards Transgender Women in The 9th-14th Centuries. Transwomen in Indonesia are easily recognized by one's physical appearance. The survey stated that 89.3% of LGBT (lesbian, gay, bisexual, and transgender) groups have experienced discrimination and violence. The views of the Indonesian people towards transgender women today are influenced by the perspectives and constructions of society in the past. This paper is to reconstruct how the perspective of the ancient Javanese society towards trans women. The purpose of this research is to find the origin of the current Indonesian people's view of transgender women from past references. This study uses a descriptive analysis approach through the stages of data collection, analysis, and interpretation. It can be seen that the construction of society during the Javanese era considered transgender people as a group of people with disabilities. In addition to these constructions, for the royal group, trans women are part of the king's servants who have magical and political powers. Thus, trans women had an important position and privileges in the ancient Javanese kingdom. The position of transgender women can also be understood as an archipelago tradition, which places transwomen as a link between the human world and the world of gods, as can be found in bissu in South Sulawesi.

Lesbian, Gay, Bisexual and Transgender (LGBT) in Indonesia in the Perspective of Traditional Law and National Resilience

2021

Lesbian, Gay, Bisexual, and Transgender (LGBT) enter a new chapter in this country. At least it can be said that they have found a place to disseminate and / or openly campaign that LGBT in Indonesia exists and exists even though they always carry a marginal status. They are, in variously massive ways, open through print, electronic to social media. On the other hand, the LGBT community also continues to demand the State to provide the same treatment as ordinary citizens by obtaining the same rights guaranteed by the Constitution. Debates have emerged in many public spaces between the pros and cons of LGBT and LGBT. Then what is the actual status of LGBT from the perspective of customary law and national resilience. This study aims to answer and describe how: 1). The status of LGBT from the perspective of customary law in Indonesia is because we know that in Indonesia the norms of customary law still apply, 2). LGBT status in an effort to prevent threats to national security; 3). th...

Case Studies of the Rise of Lesbian, Gay, Bisexual, and Transgender (LGBT) in Indonesian Society

ALSYSTECH Journal of Education Technology

Ith the opposite sex and that is considered unusual because it is not in accordance with the teachings of Islam and our Pancasila. LGBT are seen as people with mental disorders and need therapy. According to people who do, they feel that what they are doing is not wrong because there is encouragement from outside so they don't feel guilty, but for ordinary people, they think that it is wrong and very unusual. The factors that influence individuals to experience LGBT are the living environment where the environment has a huge influence on changes in a person's character and behavior that can lead us in a positive or negative direction. And in an environment, we should pay attention so that we don't fall into negative things like LGBT.

Transgender Rights in Accordance with Civil & Sharia Law: Malaysia and Asean Perspectives

The International Journal of Academic Research in Business and Social Sciences, 2021

Background: The transgender term is used to illustrate a broad-spectrum of identities and experiences, inclusive to pre-operative, post-operative, and non-operative transsexual people; male and female cross-dressers; intersexed individuals; and men and women, whose appearance or features are recognised to be gender atypical. Transgender people are often exposed to violence and legally sanctioned discriminant on a daily basis in Malaysia, but it does not prevent them from growing in number. Objective: This article analyses the legal rights of transgender in Malaysia based on civil and Sharia law available with reference to international and ASEAN perspectives in consideration of the possibility for crossjurisdictional study. Method: This qualitative research adopts primary and secondary data benefitted from scientific report analysis and literature including statutes, law cases & papers on transgender. These details were analysed by legal interpretation and comparative assessment. Result: The research reveals that there is an absence of definition of transgender in any Malaysia legislation, but that does not prevent the transprejudice and legally sanctioned discriminant in every way possible e.g., men who appear as women. Still, with respect to healthcare settings, medical doctors in Malaysia conveyed relatively low intent to discriminate against transgender patients. In ASEAN perspective, notwithstanding the endorsement of ASEAN Human Rights Declaration, it lacks the capability to enforce its provisions in cases of transgression. Conclusion and recommendation: It is a long way off for Malaysia to recognise the rights of transgender due to the fact that the fundamental principles of the country mostly based on Sharia law and Islamic value. Nevertheless, there is path for intersex individual who according to Islamic jurists is not categorised as transgender, thus deserve to not be discriminated in all forms. Hence, the paper recommends Malaysian

Studi Kualitatif Kepuasan Hidup Pria Transgender (Waria) DI Banda Aceh

Jurnal Psikologi Undip, 2014

Transgender person is an individual who thinks and feels differently from the assigned gender; it is classified as a gender identity disorder; in this study context is a man who changed himself to be a woman. This uncommon behavior struggles for social acceptance in Indonesian society due to gender construction debate. This study aims to assess life satisfaction of male transvestite living in Kota Banda Aceh through understanding on the respondents' life experiences. A qualitative phenomenological approach was used in this study. Respondents were collected using the snowball technique. Four men who changed to be women participated in this study. Subject I: 34 years old, has been living as a transgender for 13 years; Subject II: 24 years old, has been living as a transgender for 8 years; Subjek III: 27 years old, has been living as a transgender for 4 years; and Subject IV: 36 years old, has been living as a transgender for 12 tahun. The result showed that life satisfaction was achieved when subjects accepted their conditions and their success in changing their bodies to be women. Their life satisfaction was derived from social support given by other male transvestites and by their partners that fulfilled their needs to love and to be loved. The greatest obstacle they encountered was rejection from the society which increased their anxiety because they did not fulfilled social expectation to behave in accordance to their gender. They used religious practices to cope with this obstacle. Male transvestite achieved an optimum life satisfaction when they are able to accept their lives and receive social support from the society.

Family and Social Acceptance of Transgender Women in the Midst of Stigmatization in Indonesia

International Journal of Advances in Scientific Research and Engineering, 2021

Stigmatization towards transgender women in Indonesia has become more severe that cause them to be more marginalized. They were not only driven out by their families, but also rejected by the society.. This paper aims to analyze the transgender women 's efforts to show their existence so that they can be accepted by the family and society. The research was conducted with a qualitative approach. Data collection was done by in-depth interviews and observations to seven participants at the local level and online data collection to participants at the regional and global levels. The data were analyzed through three stages of data analysis, namely data reduction, data display and data verification to meet the conclusion. The result shows that transgender women can prove their existence through their socioeconomic role so that families and communities have no reason to reject them.

Transgenders and MSM in Jakarta

Objectives: To establish the prevalence of HIV, syphilis, and sexual risk behaviour among three groups of men who have sex with men in Jakarta, Indonesia, and to investigate sexual links between these men and broader heterosexual populations. Methods: Anonymous, cross sectional surveys among community recruited transgender and male sex workers and self recognised men who have sex with men (MSM) were undertaken in mid-2002 in Jakarta, Indonesia. Places where transgender and male sex workers sell sex and where men go to meet noncommercial male sex partners were mapped. Probability samples were selected for the sex worker populations, while a mixed probability and convenience sample was drawn for self recognised MSM. Blood was drawn for HIV and syphilis serology and community interviewers administered a standardised questionnaire. Results: HIV prevalence was 22% among transgender sex workers, 3.6% among male sex workers, and 2.5% among self recognised MSM, and syphilis prevalence was 19.3%, 2.0% and 1.1% respectively. 59.3% of transgender sex workers and 64.8% of male sex workers reported recent unprotected anal intercourse with clients, and 53.1% of other MSM reported unprotected anal sex with male partners. Some 54.4% of male sex workers and 18.3% of other MSM reported female partners in the preceding year. Conclusion: HIV has reached substantial levels among transgender sex workers, and is not negligible in other MSM groups. Risk behaviour is high in all subpopulations, and bisexual behaviour is common, meaning the threat of a wider epidemic is substantial. Prevention programmes targeting male-male sex are needed to reduce this threat.

Individualization and LGBTI -A New Topic for Political and Religious Discourse in Indonesia

Indonesia is a nation of diversity. Thus various traditions, cultures, religions, beliefs, ethnics, tribes and languages were united when the Republic was founded. Based on those facts, Indonesia’s founding fathers showed strong efforts in uniting the existing diversity and political currents under the national concensus ‘Bhinneka Tunggal Ika’, Hindu-Sankrit words meaning unity in diversity, and The Pancasila, five national basic principles. Consequently national law, mechanism of governance and political considerations followed the concept of Indonesia as a secular nation-state. It means that Indonesia also respects to the international law, human rights, and democracy, such as freedom of association and press, as well as the idea of individual human rights. From a perspective of human rights, the legitimacy of self determination for each human includes the aspect of sexual orientation and living in partnerships. Factually, people who perform their ‘coming out’ and those who advocate understanding or empathy on lesbian, gay, bisexual and transgender (LGBT) issues, so far experience little support, yet often harsh negative reactions, pressure, and harassment particularly from traditionalistic and religious communities that see a diversification of forms of partnership and sexual orientation as un-Indonesian or sinful. This article will show the emerging of LGBT movement and religious-society reactions relating to the government policies. (This is a Book Chapter of 'Diversity Concept, Diversity Politics' by Christoph Behrens (Ed.), Publish by Verlag DR. Kovac, Hamburg Germany 2016)