Syahra, Tsany Anada (2025) Perbandingan Hukum Pelaksanaan Perkawinan Sesama Jenis di Jerman, Malaysia dan Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

Article 1 of Law Number 1 of 1974 concerning Marriage, which in the article has been explained that marriage is a spiritual and physical bond between a man and a woman to form a happy and eternal family based on the belief in the Almighty God. Related to Article 28J paragraph 2 of the Constitution, which regulates freedom of information and communication, with the advancement of time, the Lesbian, Gay, Bisexual, Transgender (LGBT) group has become bolder in showing themselves, and they are demanding the same rights as heterosexual couples. The problem formulation in this research thesis is stated in the following questions: first, How is the same-sex marriage law implemented in Germany, Malaysia and Indonesia, and second, what are the legal consequences arising from the implementation of same-sex marriage in Germany, Malaysia and Indonesia. The type of research used by the author is normative law method, research by reviewing studies using data such as law regulations, legal theory, expert opinions or existing library materials. The nature of the research in this thesis is descriptive, namely by providing a clear picture of humans, marriage or same-sex marriage. The data sources used in this research are primary legal materials, namely legal materials that have authority such as statutory regulations. Secondary legal materials provide explanations of primary legal materials, in the form of literature books, journals, expert opinions and so on. And tertiary legal materials which provide instructions or explanations regarding primary and secondary legal materials, namely in the form of dictionaries, articles, legal journals and other scientific works. The method for drawing conclusions in this thesis is deductive, drawing general conclusions by looking at concrete facts of a specific nature. The results of the research and discussion that the author found were first, the implementation of same-sex marriages in Indonesia was carried out by means of fake identity or unregistered marriages, whereas in Malaysia it was carried out secretly and in Germany it was carried out in accordance with applicable laws and regulations, namely there is no difference. between same-sex marriage and marriage in general. Second, the legal consequences of carrying out same-sex marriages in Indonesia are that the marriage is considered invalid or annulled and there are even criminal legal consequences due to identity fraud, the legal consequences of same-sex marriage in Malaysia are the existence of prison laws, whipping laws and fines. And in Germany itself, same-sex marriages are considered legal and can be registered.

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