Normative construction of shared parenting responsibilities in Indonesian positive and Islamic law: A gender equality perspective

The unequal distribution of childcare responsibilities between dual-earner parents has become a contemporary issue in family law because existing normative frameworks do not yet fully reflect balanced parental roles and gender equality. This study aims to analyze the legal framework of childcare obligations and to formulate a balanced and gender-responsive parenting model for dual-earner couples, grounded in positive law, Islamic law, gender equality, and the best interests of the child. This normative legal study employs library research and integrates statutory, conceptual, Islamic legal, and gender equality approaches. Primary and secondary legal materials were collected through document analysis, coded and examined using Schreier’s qualitative content analysis, and validated through source and perspective triangulation. The findings demonstrate that gender constructions continue to produce an unequal division between domestic and public roles, placing a double burden on employed women. Although positive law and Islamic law recognize the responsibilities of both parents for children’s care, education, protection, and welfare, neither provides specific provisions governing the distribution of childcare responsibilities between dual-earner parents. The study concludes that gendered parenting should be reformulated as shared and proportionate parenting, in which childcare responsibilities are allocated according to each parent’s capacity, time availability, family circumstances, and the best interests of the child rather than gender. Theoretically, this study operationalizes gender equality through a model of shared and proportionate parenting. Practically, its findings provide a foundation for reformulating legal norms and family policies to clarify parental responsibilities in a flexible, equitable, and gender-responsive manner.