TINJAUAN YURIDIS SOSIOLOGIS TERHADAP ORANG YANG MEMALSUKAN IDENTITAS GENDER PADA PERKAWINAN

This research is motivated by the increasing prevalence of gender identity falsification in marriage, which leads to complex legal and social consequences. Such practices not only compromise the validity of marriage under Indonesian positive law but also harm the deceived party and disrupt the integrity of civil registration systems.The issues examined in this study include: (1) What is the legal status of marriage involving a party who falsifies their gender identity? and (2) What is the sociological review of perpetrators who falsify gender identity in marriage? This study uses a normative juridical method with statutory, conceptual, and case study approaches. Data sources are obtained from relevant literature studies. The results show that falsifying gender identity in official documents renders the marriage invalid due to the failure to meet the material requirements stipulated in Law Number 1 of 1974 on Marriage. Furthermore, such actions constitute a criminal offense as regulated in Article 263 of the Criminal Code and Article 93 of the Population Administration Law. From a sociological perspective, the act of falsifying gender identity may be driven by internal factors such as psychological conditions and personal motives, as well as external factors such as social pressure, peer influence, and discrimination against gender identity. The study concludes that falsifying gender identity in marriage is a violation of the law that leads to legal annulment of the marriage and criminal penalties for the perpetrator. Recommendations include strengthening identity verification systems in marriage registration, increasing public legal education, and adopting more humane social approaches to addressing gender identity issues to prevent criminal acts.