Marriage Law Challenge Petition Amended to Emphasise Mutual Protection Obligations

JAKARTA, KOMPAS.com - The applicant for material review of Articles 1 and 2 of Law No. 1 of 1974 on Marriage, case number 159/PUU-XXIV/2026, Moratua Silaban, has amended his petition.

During the hearing held on Monday (25 May 2026), Moratua’s petition was revised from seeking to merge the two articles into a single interpretation to proposing specific changes per article.

In the hearing, Moratua requested that Article 34(1) of Law No. 1/1974 be amended by the Constitutional Court to read:

‘The husband is obligated to respect, protect his wife, and provide all necessary household needs proportionally based on the principles of equal partnership, mutual cooperation, as a corresponding helper, and founded on sincere love.’

Article 34(2) of Law No. 1/1974 was requested to be amended to:

‘The wife is obligated to respect and protect her husband, manage household affairs, and jointly contribute to and share the burden of household needs to realise an equal partnership as corresponding helpers, founded on sincere love.’

During the preliminary hearing, Moratua asked the Constitutional Court to declare Articles 34(1) and (2) of Law No. 1/1974 on Marriage unconstitutional under the 1945 Constitution.

He proposed amending the articles with the clause:

‘Husband and wife have reciprocal obligations to protect and respect each other, provide for all necessary household needs, and manage household affairs proportionally to realise a marriage as an equal partnership founded on sincere love.’

In his previous application, Moratua argued that material maintenance is not solely the husband’s duty but a shared responsibility.

‘The legislative rationale and philosophical basis of marriage must be reciprocal, grounded in natural justice,’ the application stated, as cited by Kompas.com on Monday (18 May 2026).