Recognising the Rights of Transgender People: The Limits of the Indonesian Legal System

Indonesia has guaranteed human rights for all citizens, including transgender people, in its Constitution and has an obligation to protect the rights of transgender people under international human rights conventions it has ratified, however, recognition of gender identity for transgender people in Indonesia remains problematic. Transgender people commonly experience discrimination, including a lack of access to identity documents. This article discusses how far the Indonesian legal framework and courts allow confirmation of gender identity by transgender people. It investigates the responses of Indonesian courts to applications by transgender people to change the gender marker on their identity documents, finding that judges use no consistent standard. Consequently, judicial practices focus on cultural considerations rather than human rights principles, often viewing transgender identity as a socially unacceptable deviation. When considering applications to change gender markers, courts tend to medicalise assessment of gender identity and rely heavily on expert interpretation of religious texts and societal norms. The result is that transgender people face considerable challenges in changing their gender markers to match their gender identity. © 2023 The Author(s).