Deemed Ambiguous, "Harta Gono-Gini" Clause in Marriage Law Challenged at Constitutional Court

JAKARTA - Article 35 paragraph 1 of Law Number 1 of 1974 on Marriage is being tested on its merits in the preliminary hearing at the Constitutional Court held on Thursday (2/4/2026). Lawsuit Number 108/PUU-XXIV/2026 was filed by Sulastriningsih, a retired civil servant. The petitioner, who has separated from her partner, believes there is a constitutional loss due to Article 35 paragraph 1 regarding joint property acquired during marriage that is unclear. The article states: “property acquired during marriage becomes joint property”. “That the a quo norm is applied generically, rigidly, and formalistically, without considering social realities, economic conditions, and the actual contributions of each party in acquiring property during marriage,” states a copy of the petition. However, according to the petitioner, she was the one who contributed more to acquiring the joint property, but it still must be divided equally. On that basis, the petitioner requests that the Constitutional Court amend the norm of the article to be more detailed in regulating the division of gono-gini property. The article is requested to be interpreted as: “Property acquired during marriage becomes joint property as long as it is obtained from balanced contributions between husband and wife, while still considering who works, the source of property acquisition, fulfilment of maintenance obligations, good faith in marriage, and the best interests of the child.”