Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

Gender Inequality in Indonesian Marriage Law And the Islamic Legal Framework: Normative Challenges and Directions for Reform

Jefry Tarantang (Universitas Islam Negeri Palangka Raya)
Hera Nugrahayu (Kantor Staf Presiden)
Ibnu Elmi A.S. Pelu (Universitas Islam Negeri Palangka Raya)



Article Info

Publish Date
17 Sep 2026

Abstract

Amid global efforts to advance gender equality and human rights, marriage law in Indonesia continues to face challenges regarding power relations between husbands and wives. Indonesia’s plural legal system, combining state law and Islamic law, creates normative complexities that often legitimize gender inequality in marriage. This study critically examines provisions in the Indonesian Marriage Law and The Indonesian Codified Islamic Law (KHI) that may perpetuate discrimination against women, while addressing the difficulties of aligning national marriage law with international human rights standards. By applying a normative legal research method that integrates statutory and contextual analysis, this study utilizes legislation, court rulings, legal doctrines, and up-to-date scholarly literature as its primary sources.Findings show that legal norms frequently subordinate women, particularly in marital rights, divorce procedures, and family resource management, revealing a gap between formal law and substantive justice. The article argues that marriage law reform must move beyond symbolic changes to reconstruct norms grounded in gender equality, human rights, and family justice, contributing to debates on equitable legal frameworks in plural legal systems.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...