Penyelesaian Sengketa Dan Akibat Hukum Orientasi Seksual Berbeda Dalam Perkawinan

Abstract

Conflicts and divorce in a household are sometimes triggered by differences in sexual orientation, although this issue has not been widely discussed in detail from the perspective of Islamic law or Indonesian positive law. This article aims to examine the dispute resolution mechanisms and legal consequences that arise due to differing sexual orientations in marriage, from the perspectives of Islamic law and Indonesian marriage law. This study uses a normative legal method with a statute and conceptual approach. Data were drawn from primary and secondary legal sources and analyzed qualitatively. The findings indicate that under Islamic law, disputes may be resolved through mediation, conditional divorce (ta’liq talak), or annulment (fasakh). In contrast, Indonesian law allows divorce on grounds of disharmony, though it lacks explicit regulation on sexual orientation. Legal consequences include marital status, child custody, alimony, and division of property. Although not clearly regulated, interpretive flexibility enables judges to issue decisions based on justice and the best interests of the child.