KAJIAN YURIDIS PEMBAGIAN HAK WARIS AKIBAT PERUBAHAN JENIS KELAMIN ATAS DASAR PENETAPAN PENGADILAN

Abstract

Gender reassignment that has been legally recognized through a court decision gives rise to legal consequences regarding an individual's civil status, including their position as an heir. Indonesian positive law recognizes changes in legal identity based on a District Court decision for civil registration purposes, whereas Islamic law determines inheritance rights based on an individual's biological sex in accordance with Sharia principles. This difference gives rise to legal issues concerning the inheritance rights of individuals who have undergone gender reassignment. This study aims to analyze the legal basis for gender reassignment under Islamic law, the forms of legal protection for inheritance rights resulting from court-approved gender reassignment, and the distribution of inheritance rights. This research employs a normative legal research method using statutory, conceptual, case, and comparative law approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively using descriptive-analytical methods with deductive reasoning. The findings indicate that Islamic law generally prohibits gender reassignment without medical necessity, considering it a form of taghyir khalqillah (altering God's creation), except in cases of khuntsa musykil, whose biological sex can only be determined through accountable medical examination. A District Court decision provides legal certainty regarding an individual's administrative identity and civil status but does not alter their status as an heir under Islamic inheritance law. Legal protection is provided through preventive measures in the form of court decisions supporting changes to civil registration documents and repressive measures through inheritance dispute resolution by the competent courts. Under Islamic law, inheritance distribution remains based on the individual's biological sex at birth, whereas under the Indonesian Civil Code, a change in legal identity does not affect the share of inheritance because civil inheritance law does not differentiate inheritance portions based on gender.