Constitutional Challenge Filed Against Law Mandating Husband as Breadwinner and Wife as Homemaker
JAKARTA, KOMPAS.com - Lawyer Moratua Silaban has filed a judicial review of Article 34 of the Marriage Law with the Constitutional Court, arguing that the rules regarding the obligations of husband and wife in the household create gender discrimination and eliminate the principle of equal partnership in marriage.
Article 34, paragraph (1) of the Marriage Law states, “The husband is obliged to protect his wife and provide for all the necessities of household life in accordance with his ability.”
Meanwhile, Article 34, paragraph (2) states, “The wife is obliged to manage the household as well as possible.”
Moratua argues that these provisions place husband and wife in rigid roles.
According to Moratua, the husband is positioned as the absolute provider, while the wife is stereotypically placed as the domestic manager.
This situation is considered to eliminate the essence of partnership in marriage.
The petitioner claims to have experienced domestic conflict as a result of the application of these norms.
He states that he has borne a large and disproportionate financial burden, leading to breach of contract disputes and divorce proceedings.
In addition, the petitioner also states that his constitutional right to protection of property was violated when the wife allegedly took his valuable belongings unilaterally, as evidenced by a police report.
“Husband and wife have a mutual obligation to protect each other, respect each other, provide for all the necessities of household life, and manage household affairs proportionally in order to realize a marriage that is an equal partnership and based on sincere love.”
During the advisory session, Constitutional Court Judge Daniel Yusmic P. Foekh asked the petitioner to strengthen the legal arguments of his petition by outlining the principles, doctrines, theories, or jurisprudence of court decisions.
Before adjourning the session, Suhartoyo stated that the petitioner would be given one opportunity to amend the petition within 14 days.
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