THE JUDICIAL DISCOVERY OF LAW IN DECISION NUMBER 112/PDT.P/2022/PN BLB CONCERNING THE DETERMINATION OF GENDER CHANGE

Abstract

This study analyzes the legal discovery made by the judge in decision Number 112/PDT.P/2022/PN Blb regarding gender reassignment at the Bale Bandung District Court. The main problem studied is how the legal discovery process is carried out by the judge in determining the gender status of the applicant who has a special medical condition. The purpose of this study is to understand the legal approach taken by the judge, including the legal, social, and religious aspects in deciding on a legal change in gender identity. The research method used is a normative legal approach with qualitative analysis. Data were analyzed through a study of primary and secondary legal materials, including laws and regulations, medical documents, and religious fatwas that support legal decisions. The results of the study show that the judge used a progressive legal interpretation method and a sociological approach to fulfill the applicant's human rights. This decision provides legal recognition of the applicant's gender identity, taking into account medical, social, and religious aspects. This study contributes to the development of an understanding of the role of judges in legal discovery in cases that have not been explicitly regulated in law.