Rights activist calls for revision of marriage law
Rights activist calls for revision of marriage law
Sari P. Setiogi, The Jakarta Post, Jakarta
A noted woman activist and legislator called on Wednesday for a
specific revisions to Marriage Law No. 1/1974 in order to promote
more equal relations between husband and wife.
Nursyahbani Katjasungkana, secretary-general of the Coalition
of Indonesian Women and a member of the People's Consultative
Assembly (MPR) representing the Functional Group faction, said
that several articles of the law ignored women's rights and
legalized the domination of men over women.
"The law separates and rigidly defines gender roles in
marriage. Men are heads of the family, while women are caretakers
of the family," she said in a discussion here.
She was referring to Articles 31 and 34 of the Marriage Law.
Article 31 (1) states that husband and wife are on equal footing
and thus have equal rights and positions.
Article 31 (3), however, stipulates that the husband is the
head of the family, while the wife's role is limited to being a
housewife.
"In marriages today, many wives become the head of the family
and even earn a living for the family together with their
husbands," said Nursyahbani.
She demanded that the articles be revised and that the new
version should state that both husband and wife were equal and
should take care of the family together.
Meanwhile, Article 34 on family finances suggests that the
husband is responsible for supporting the family financially,
while the wife is a mere caretaker.
"The article inhibits women's access to economics and
politics, making women financially dependent on men," she said.
Article 34 (2) declares that caring for the family is an
obligation that rests fully with the wife.
Nursyahbani also called for the scrapping of articles
legalizing polygamy, as it was unfair to women.
The law states that a man is allowed take a second wife if his
first wife is unable to carry out her wifely duties, suffers from
an incurable disease, or is unable to have a child.
"The article clearly shows that a wife serves as a
reproductive machine and her husband's servant. When she is not
able to fulfill these duties, then the husband can simply dump
her.
"Although there is the added condition that to take another
wife, a husband should ask for permission from his first wife,
many husbands do not do so.
Article 11 on divorce also favors men over women. A woman who
has just gotten divorced must wait for a certain period of time
before entering into another marriage, while a man can enter his
next marriage immediately.
This "grace" period imposed on women is considered a
reconciliatory stage.
"The article should be revised so men also receive the same
period of time for reconciliation," she said.
Finally, the article on minimum marriageable age for men and
women must be changed as it contradicts another law. The minimum
marriageable age for men is set at 19 years, while it is 16 for
women.
"According to the Child Protection Law, those below the age of
18 are considered children (minors). Both men and women should
reach a minimum age of 18 before they can marry legally,"
Nursyahbani said.
The discussion on revising the Marriage Law started about
three years ago, but there are no signs that a draft revision
would be drawn up soon.
"Many controversies are still ongoing, mostly from religious
groups, as the marriage issue also crosses over into religious
issues," she said.