A Review of The “Head Of The Family” Concept From The Family Law, Gender Perspective

Abstract

Although the concept of “Head of Family” as the backbone of the family in the positive law is usually a man/the husband, but I argue not all of them are so, because in fact, recently more women become “head of the family”, the reasons are whether due to the existing custom, or non-working husband because he is sick, lazy, or other reasons. This normative study aims to identify the pluralism of the concept of “head of the family” in the positive law in Indonesia and the facts in social life, culture and religion, and then to be compared with the concept of “head of family” in Thailand and South Korea. Based on such matter, by considering CEDAW and equity for women, this research recommends re-conception of a gender-perspective “Head of the Family”, namely “ Husband and Wife must support each other in right and obligation to finance the family life according to equity, unless stipulated otherwise by their respective religion/culture ”.