ANALISIS YURIDIS PENGATURAN KEDUDUKAN HUKUM ANAK INTERSEKS MENURUT HUKUM POSITIF DAN HUKUM ISLAM DITINJAU DARI ASPEK KEPASTIAN HUKUM

Humans with sex disorders or called intersex not only experience health problems, but also legal problems. Gender as one of the requirements for population administration in positive law, and other problems in Islamic law are problems that can bias the position of a child born as intersex. Legal certainty of an intersex child is in the spotlight if this problem continues and does not find a solution. So the problems in this study, namely: 1) How are the regulations and legal positions of intersex children according to positive law and Islamic law. 2) What are the implications of the regulation and legal position of intersex children according to positive law and Islamic law in terms of legal certainty. This research uses normative research with a statutory and comparative approach. The types of legal materials in this research are primary, secondary, and tertiary legal materials. The results of this study indicate that the legal regulation of intersex children according to positive law is to have sex surgery or equated with plastic surgery as an effort to clarify identity. Efforts to clarify identity must be preceded by a court ruling on whether or not to perform genital surgery. However, from religious studies, it can be seen the provisions of the applicable Shari'a. The position of an intersex child according to positive law is suspended until it is registered with an authorized institution with a clear identity after going through gender surgery. Once registered, then he officially has a legal position in accordance with the registered sex. While the position of intersex children in Islamic law is in accordance with the type of internal organs that dominantly indicate a certain gender identity. Intersex children get legal certainty in the perspective of positive law and Islamic law. This legal certainty is obtained by perfecting or clarifying the gender by means of gender surgery or the like