Legal protection on discrimination towards transwomen in DKI Jakarta from human rights perspective

Kherent Obeth Sine and Asmin Fransiska
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Kherent Obeth Sine: Faculty of Law, Atma Jaya Catholic University of Indonesia, Jakarta, Indonesia
Asmin Fransiska: Faculty of Law, Atma Jaya Catholic University of Indonesia, Jakarta, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2022, vol. 11, issue 1, 229-240

Abstract: Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta. Key Words:Dicrimination, human rights, legal protection, transwomen, violence

Date: 2022
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