Marriage Law Challenged in Constitutional Court Over Gender Equality Concerns

JAKARTA — Articles 34, paragraphs 1 and 2, of the 1974 Marriage Law have been challenged in the Constitutional Court (MK). In lawsuit number 159/PUU-XXIV/2026, the petitioner, Moratua Silaban, stated that one of the primary grounds for the application is the principle of gender equality.

“That Article 34, paragraphs 1 and 2 of the Marriage Law contains structural discrimination that contradicts the principle of gender equality,” he stated in the application cited on Monday (18/5/2026).

According to the petitioner, the limited separation of roles, which mandates the husband as the sole breadwinner and the wife as the domestic household manager, is an obsolete legal product of a past paradigm. He argued that conversely, men can play equal and effective roles within the domestic sector.

Furthermore, the petitioner believes that the 1945 Constitution imperatively guarantees the equality of all citizens, including the prohibition of all forms of discrimination. “In a constitutional paradigm, the institution of marriage is an equal partnership,” the petitioner noted.

The specific provisions identified as discriminatory are:

Article 34, Paragraph 1: The husband is obliged to protect his wife and provide all the necessities of household life according to his ability.

Article 34, Paragraph 2: The wife is obliged to manage household affairs as best as possible.

“Husbands and wives have a mutual joint obligation to protect and respect one another, to provide all the necessities of household life, and to manage household affairs proportionally to achieve a marriage that is an equal partnership based on sincere love,” the application stated.