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Legal and Social Reality Analysis of Same-Sex Marriage in Indonesia and Thailand

By Made Yussyta Wulandani, A.A. Istri Eka Krisna Yanti, Kadek Agus Sudiarawan

Law and World · Vol. 12, No. 38, pp. 22-34 · 2026

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Abstract

Marriage, as a fundamental institution, plays an important role in determining civil rights and the legal status of citizens; therefore, its regulation reflects social, cultural, and religious values, as well as human rights principles. This study aims to compare the legal regulation of same-sex marriage in Thailand by examining the absence of legal recognition of same-sex marriage in Indonesia and assessing how social and cultural realities influence the acceptance and effectiveness of law in both countries. This research employs a normative juridical method, using statutory and conceptual approaches, by examining Law Number 1 of 1974 and Constitutional Court decisions in Indonesia, as well as the Marriage Equality Act 2025 and the Civil and Commercial Code in Thailand. The findings show that Indonesia explicitly limits marriage to heterosexual relationships based on the first principle of Pancasila, namely “Belief in the One and Only God”, thereby providing no legal recognition or civil rights for same-sex couples, including inheritance rights, marital property rights, and administrative protection. In contrast, Thailand provides full legal recognition of same-sex marriage through progressive legal reform, guaranteeing equal rights in civil registration, inheritance, social security, and adoption, although challenges in administrative implementation remain. Comparatively, the effectiveness of same-sex marriage regulation is strongly influenced by the level of social acceptance: Indonesia is shaped by Pancasila, which emphasizes morality, religion, and culture, whereas Thailand demonstrates that social openness is a key factor in the successful implementation of legal reform.

Details

Publication type
Journal article
Author
Journal
Law and World
Publication
June 30, 2026
Volume
12
Issue
38
Pages
22-34
Language
English
DOI
10.36475/12.2.2
ISSN
2346-7916
Institutions
Udayana University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Family and Succession Law

Keywords

Same-Sex marriage legal comparison human rights

Cite this record

Wulandani, M. Y., Yanti, A. I. E. K., & Sudiarawan, K. A. (2026). Legal and Social Reality Analysis of Same-Sex Marriage in Indonesia and Thailand. Law and World, 12(38), 22-34. https://doi.org/10.36475/12.2.2
Wulandani, Made Yussyta, A.A. Istri Eka Krisna Yanti, and Kadek Agus Sudiarawan. "Legal and Social Reality Analysis of Same-Sex Marriage in Indonesia and Thailand." Law and World 12, no. 38 (2026): 22-34. https://doi.org/10.36475/12.2.2.
@article{wulandani2026_h1b5d9,
  title     = {Legal and Social Reality Analysis of Same-Sex Marriage in Indonesia and Thailand},
  author    = {Wulandani, Made Yussyta and Yanti, A.A. Istri Eka Krisna and Sudiarawan, Kadek Agus},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {38},
  pages     = {22--34},
  doi       = {10.36475/12.2.2},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1002},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Wulandani, Made Yussyta
AU  - Yanti, A.A. Istri Eka Krisna
AU  - Sudiarawan, Kadek Agus
TI  - Legal and Social Reality Analysis of Same-Sex Marriage in Indonesia and Thailand
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 38
SN  - 2346-7916
DO  - 10.36475/12.2.2
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1002
AB  - Marriage, as a fundamental institution, plays an important role in determining civil rights and the legal status of citizens; therefore, its regulation reflects social, cultural, and religious values, as well as human rights principles. This study aims to compare the legal regulation of same-sex marriage in Thailand by examining the absence of legal recognition of same-sex marriage in Indonesia and assessing how social and cultural realities influence the acceptance and effectiveness of law in both countries. This research employs a normative juridical method, using statutory and conceptual approaches, by examining Law Number 1 of 1974 and Constitutional Court decisions in Indonesia, as well as the Marriage Equality Act 2025 and the Civil and Commercial Code in Thailand. The findings show that Indonesia explicitly limits marriage to heterosexual relationships based on the first principle of Pancasila, namely “Belief in the One and Only God”, thereby providing no legal recognition or civil rights for same-sex couples, including inheritance rights, marital property rights, and administrative protection. In contrast, Thailand provides full legal recognition of same-sex marriage through progressive legal reform, guaranteeing equal rights in civil registration, inheritance, social security, and adoption, although challenges in administrative implementation remain. Comparatively, the effectiveness of same-sex marriage regulation is strongly influenced by the level of social acceptance: Indonesia is shaped by Pancasila, which emphasizes morality, religion, and culture, whereas Thailand demonstrates that social openness is a key factor in the successful implementation of legal reform.
KW  - Same-Sex marriage
KW  - legal comparison
KW  - human rights
KW  - ერთსქესიანთა ქორწინება
KW  - სამართლებრივი შედარება
KW  - ადამიანის უფლებები
SP  - 22
EP  - 34
ER  -
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