RATIO LEGIS PERUBAHAN STATUS TRANSEKSUAL BERDASARKAN TRIANGULAR CONCEPT OF LEGAL PLURALISM

As the ideas, concepts, and notions surrounding globalization continue to expand, the law is increasingly taking shape in a manner that can no longer be reviewed solely from a single aspect. In the context of globalization and cultural interconnections, law requires examination from the perspectives of moral-ethical-religious, state, and societal viewpoints within Werner Menski's theory of the legal pluralism triangle. The background of this research is based on the standardization of Article 56 of Law Number 23 of 2006 concerning Population Administration, which appears to partially regulate issues related to changes in gender status as legal data in population administration. The purpose of this research is to describe and analyze the ratio legis (reason for the law) of provisions on gender change from the perspective of legislative regulations in Indonesia and to identify and analyze the relevance between these provisions and Werner Menski's legal pluralism triangle concept. Based on normative research with legislative, philosophical, and conceptual approaches, this study argues that the ratio legis of provisions on gender change, from the perspective of legislative regulations in Indonesia, is the state's effort to protect and recognize the determination of the personal and legal status of every Indonesian citizen. However, the connection between provisions on gender change in legislative regulations in Indonesia and Werner Menski's legal pluralism triangle concept lacks strong relevance in realizing the protection and recognition of the legal status of transgender population whose requests for gender status change are rejected by the district court.