Jurnal Ius Constituendum
Vol. 11 No. 1 (2026): FEBRUARY

Gender Bias in Indonesia’s KIA Law: A Normative Analysis of Paternity Leave

Puti Mayang Seruni (Faculty of Law, Universitas Islam Riau)
Lidia Febrianti (Faculty of Law, Universitas Islam Riau)
Rahima Azzahra (Faculty of Law, Universitas Islam Riau)



Article Info

Publish Date
22 Feb 2026

Abstract

This study aims to critically examine how Law Number 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life (KIA Law) reproduces gender bias against female workers through a law-and-gender-equality perspective. The problem raised is that several articles in the KIA Law perpetuate the domestication of women due to the minimal paternity leave provided and the lack of regulation of wage rights for workers who take paternity leave. This results in female workers being required to take full responsibility for the welfare of their children, while male workers are only minimally protected because they do not receive protection for their roles as fathers and husbands. The research method used is normative legal research with statutory and conceptual approaches. This study shows that in Indonesia, there is a stereotype that men's roles are in the public sector and women's roles are in the domestic sector. Although many women currently play roles in the public sector, domestication still occurs, creating a dual role for women. The KIA Law has not yet addressed this issue. The design of paternity leave and unclear wage schemes during this leave in the KIA Law still reflects structural gender bias that encourages the domestication of women. Lack of support from men, which aligns with the role of men, leads women to choose to stop working after giving birth. This research provides a normative contribution to the development of gender-equality-based employment regulations and serves as the basis for recommendations for parental leave policy reform in Indonesia.

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Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...