Marriage Law Lawsuit: Petitioner Argues Provision of Alimony Should Be a Shared Responsibility, Not Solely the Husband's

JAKARTA — A petitioner for the judicial review of Marriage Law Number 1 of 1974 argues that the fulfilment of material maintenance is not solely the husband’s duty, but a shared responsibility. This was stated by the petitioner in case number 159/PUU-XXIV/2026, which requests the Constitutional Court (MK) to amend Articles 35, paragraphs 1 and 2 of the Marriage Law so that the provision of maintenance is not only burdened upon the husband.

“That the ratio legis and philosophy of marriage must be reciprocal, based on natural justice,” the petition stated, as reported on Monday (18/5/2026).

The petition further explains that, based on the philosophical, ethical, and divine justice values recognised in Indonesia, marriage is a commitment between two free individuals to complement one another. It is also a commitment to support each other and bear life’s burdens together.

“The obligation for protection, the provision of maintenance, and the management of household affairs is essentially a collaborative responsibility that must be borne together proportionally, according to the condition and capacity of each party,” the petitioner wrote.

According to the petitioner, creating a dichotomy of responsibility by separating genders is a fatal denial of natural justice and deviates from the very philosophy of marriage. The specific article cited as being naturally unjust is Article 34, paragraph 2, which states: “The wife is obliged to manage household affairs as well as possible.”

Consequently, in their petition, the petitioner requests that the Constitutional Court amend the aforementioned articles to reflect shared responsibility.