Mayestika, Livia (2023) Kedudukan Perkawinan Sejenis Dalam Perspektif Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Hukum Islam. Other thesis, Fakultas Hukum.

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Abstract

Article 1 of Law Number 1 of 1974 concerning Marriage explains that a living partnership between a man and a man or a woman's partnership with a woman is not a valid marriage according to the Marriage Law. Same-sex marriage is a taboo in Indonesian society. However, same-sex marriage still occurs in Indonesia. This is certainly a puzzle until now for the Indonesian people themselves. Why same-sex marriage can be registered and recorded as valid in the eyes of the law, of course, this is an interesting thing for the author to study in depth about same-sex marriage in terms of the laws and regulations in Indonesia. In the thesis entitled "The Position of Same-Sex Marriage According to Law Number 1 of 1974 concerning Marriage", the focus of the study was to determine the position of same-sex marriage in terms of Law Number 1 of 1974 concerning Marriage and to determine the position of same-sex marriage in the perspective of Islamic law. The method used to answer the focus of research mentioned above is to use normative legal research methods, namely by conducting literature studies. Meanwhile, judging from its nature, this research is descriptive analytical. Based on the results of the study, it is known that same-sex marriages, both carried out by fellow Indonesian citizens, and between Indonesian citizens and foreign nationals, cannot be carried out. Same-sex marriage that takes place is contrary to the provisions in the Marriage Law and does not fulfill the main element implied in the definition of marriage in Article 1 of Law No. 1 of 1974 which expressly stipulates that a marriage must occur between a man and a woman. Therefore, the above same-sex marriage is not a valid marriage according to the Marriage Law. This is where the marriage provisions in Indonesia state that a valid marriage is only a marriage that can be recorded, this is in accordance with Article 2 paragraph (2) of Law Number 1 of 1974. Islam requires marriage to be carried out in pairs between a man and a woman. Islam does not tolerate perpetrators of sexual deviance. Islamic law prohibits sexual relations between men and men (gays) and women and women (lesbians). The ulama jurisprudence generally emphasizes the haram law for same-sex marriage, namely; (1) the perpetrator (gay) must be killed muthlak, (2) the perpetrator (gay) must be hadd as hadd zina, that is, by muhsan punishment or stoning, and (3) the perpetrator must be punished according to his treatment.

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