Mohammad Naufal Wildany
UIN Sunan Kalijaga Yogyakarta

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The Paradox of Maternal and Child Welfare: A Qirāʾah Mubādalah Analysis of the Discrepancy in Paternity Leave Duration under Law No. 4 of 2024 Mohammad Naufal Wildany
Yinyang: Jurnal Studi Islam Gender dan Anak Vol. 21 No. 2 (2026)
Publisher : Pusat Studi Gender dan Anak (PSGA) IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/yinyang.v21i2.16587

Abstract

The enactment of Law No. 4 of 2024 concerning the Welfare of Mothers and Children (UU KIA 2024) marks a new era in family protection in Indonesia; however, its provision of two to five days of paternity leave raises a functional concern. This study aims to evaluate and deconstruct the duration of paternity leave prescribed by Law No. 4 of 2024 through the perspective of substantive justice. Employing a juridical-normative legal research method with an interdisciplinary clinical psychology approach, the data were analyzed using content analysis operationalized through the Qirāʾah Mubādalah (reciprocal reading) interpretive framework. The findings reveal a profound philosophical and practical incongruence between the legally stipulated duration (5 days) and the clinical needs of the postpartum recovery period (40 days). This discrepancy risks increasing paternal stress while isolating mothers within the domestic sphere, thereby increasing their vulnerability to postpartum depression. Structurally, the regulation continues to perpetuate traditional gender bias by positioning fathers as administrative assistants rather than substantive caregiving partners. This study concludes that Law No. 4 of 2024 requires evidence-based policy reform by extending paternity leave to 14–30 days. Furthermore, integrating a leave allowance scheme into the national social security system is necessary to mitigate the financial burden on corporations and ensure inclusive family resilience.