同性婚姻的合法性从自然法则的角度来看是一种社会现象

Ismail Marzuki, Rhama Wisnu Wardhana
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摘要

研究婚姻问题总是很有趣,这是因为在婚姻中被规范的是男女之间作为夫妻的关系。此外,婚姻还规定了丈夫和妻子对其关系所生子女的义务。在其发展过程中,社会上发生的婚姻不仅是男女之间的婚姻,而且已经发展到同性婚姻或同性婚姻,既包括男人和其他男人作为夫妻的婚姻,也包括女人和另一个女人的婚姻。本研究的目的是在自然法流动的视角下确定同性婚姻的有效性。所使用的方法是具有成文法方法和法律哲学的司法规范方法。研究结果表明,自然法的流动与神性道德密切相关。好与坏,错与对,恰当与不恰当,都是根据神圣的道德标准来衡量的。因此,偏离和冲突自然规律的人类行为和/或人类制定的法规不能被接受和/或不能被称为法律。因此,在印度尼西亚的民族和国家生活中,同性婚姻是不可接受和无效的,因为它不符合神圣的道德价值。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Keabsahan Perkawinan Sesama Jenis Sebagai Gejala Sosial Dalam Perspektif Hukum Alam
The issue of marriage is always interesting to study, this is because what is regulated in marriage is the relationship between men and women as husband and wife. Furthermore, marriage also regulates the obligations of the husband and wife towards the children born of their relationship. In its development, marriages that occur in society are not only carried out between men and women, but have reached marriages of the same gender or gender, both marriages between men and other men as husband and wife, as well as women with another woman. The purpose of this study is to determine the validity of same-sex marriage in the perspective of the flow of natural law. The method used is the juridical-normative method with a statutory approach and legal philosophy. The results of this study are that the flow of natural law is closely related to divine morality. Good and bad, wrong and right, proper and inappropriate, are measured according to divine moral standards. Therefore, human behavior and/or regulations made by humans that deviate and conflict with natural laws cannot be accepted and/or cannot be referred to as laws. Thus, marriage of the same gender in the context of national and state life in Indonesia is unacceptable and invalid because it is not in harmony with divine moral values.
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