Abstract:
This study aims to analyze and compare the legal regulation of same-sex marriage in Indonesia and Thailand
and to examine its juridical implications for civil status and civil law consequences. The issue has become
increasingly significant due to divergent national legal frameworks within ASEAN and growing cross-border
mobility, which creates potential legal uncertainty regarding marital status recognition and the protection of
civil rights. This research employs normative legal methods using statutory and comparative law approaches,
based on the analysis of legislation, constitutional provisions, and relevant legal doctrines. The results show
that Indonesia does not recognize same-sex marriage because marital validity is fundamentally based on
religious law, resulting in the absence of civil law consequences, including marital status recognition, joint
property rights, inheritance rights, and parental authority. Conversely, Thailand legally recognizes same-sex
marriage through amendments to its Civil and Commercial Code, granting same-sex couples full civil rights
and legal protection equivalent to heterosexual spouses. This difference reflects contrasting legal paradigms,
where Indonesia emphasizes religious legitimacy as the foundation of marriage, while Thailand prioritizes
civil equality and legal certainty. The novelty of this study lies in its comparative analysis of civil law
consequences within ASEAN’s plural legal systems. This research contributes to comparative family law
scholarship and highlights the potential for transnational legal conflicts arising from inconsistent marital
recognition across jurisdictions.
