Transgender Between Culture And Positive Law

DOI

10.2991/icss-18.2018.261How to use a DOI?

Keywords

transgender, law, culture

Abstract

The transgender issue in Indonesia is get quite attention, in this article focuses on the existence of transgender in cultural and legal viewpoint. In answering the problem by using historical approach as well as statute approach. Transgender that are more commonly known as "bencong" or "waria" in the community began to be known along the formation of trender, lesbian, gay and bisexual (LGBT) organizations in the late 1960s. Even if you look at the history since pre-Islamic times, gender crossers have been known. Transgender is very close to Indonesia culture. They have fairly central role, in art activities such as "ludruk", " rateb sedate dance", in the religious ritual "bissu" in Sulawesi. And some art symbols today, transgender do not take much role in culture. Recognition as culture part is not directly proportional to the existing positive law. In the positive law there is no third gender. Although LGBT organizations ask the government to give recognition to the third gender as in Thailand. Even if they have rights, but constitutionally the right as part of state giving, it can be because they are citizens.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Aprilina Prawesti
AU  - Mr Supanto
AU  - Mr Isharyanto
PY  - 2018/10
DA  - 2018/10
TI  - Transgender Between Culture And Positive Law
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1243
EP  - 1246
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.261
DO  - 10.2991/icss-18.2018.261
ID  - Prawesti2018/10
ER  -