Are you Wo(man) enough to get married

Abstract

Indonesian marriage states that marriage is physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that the marriage in Indonesia must be between heterosexual couple. However, a question appears as to whether a man or a woman mentioned thereof is included a man and a woman who were, hermaphrodite, intersex, or nowadays known as person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage is cancelled by the Supreme Court in 2014 for he is not considered as a man, is confirming that this question is important to value the capacity of a person to marry. This writing will apply normative research as well as literature research method upon the positive rules and regulations. The decisions of district courts upon the revision or change of gender and its legal basis will be analysed and be the topic of discussion. Comparison will be applied to compare the marriage requirements between Indonesian Law, Singapore Law and Hong Kong Law. The results of analyse and discussion will be the closure of the writing, as conclusions and advise, if any.