Don't take your husband's leave even more trouble for your wife

Even though it carries the spirit of encouraging the role of fathers in the family, the KIA Bill must ensure that fathers are present for mothers and their children.

KOMPAS/RIZA FATHONI

A husband of a honorary teacher carries his child after an inauguration ceremony in the courtyard of the Jakarta City Hall, Gambir, Central Jakarta, at the end of July 2023.

The regulation of the role of fathers/husbands specifically in the Draft Law on the Welfare of Mothers and Children in the First Thousand Days of Life Phase continues to invite public responses, both in favor and against. For this reason, regulations regarding the rights and obligations of fathers must be made clearer. This is so that there are no misinterpretations in its implementation.

The bill also needs to ensure the presence of the husband as a support system for the wife during the first one thousand days after the child's birth. Not the other way around, which would only add to the burden of the newly giving birth wife.

Chair of the Indonesian Child Protection Commission (KPAI) Ai Maryati Solihah views the regulation of the role of fathers in the RUU KIA as an effort to embed the father's role in childcare in the first thousand days. Because, up to now, the role of caring for a child when a child is born has been focused more on the mother, resulting in a number of mothers experiencing excessive pressure (baby blues).

"However, there needs to be a specific approach to ensure that the goal is achieved. It should not be the other way around, where the husband's presence during the leave actually burdens the wife. Because he (the husband) takes care of the motorbike, pets, instead of participating in taking care of the baby who needs the presence of both parents," said Ai on Friday (26/4/2024) in Jakarta.

Also read: Apart from 6 Months Maternity Leave for Working Mothers, What Else is in the Bill?

Concerns about Ai are quite reasonable. Until now, even though both husband and wife are working, during their days off or at home, household activities, including taking care of children, still rely on the wife. Even, there are husbands who often let their wives who have just given birth continue to do household chores.

However, if there is support from the husband, the burden on the wife will be lighter, especially during the early period after giving birth. The presence of a supportive husband is very important because not all household responsibilities and child-rearing duties fall solely on the wife.

KOMPAS/RIZA FATHONI

A father is carrying his child while practicing swimming at a special training pool operated by Splish Splash Indonesia in the Cempaka Putih area of Jakarta, at the end of July 2022.

Another thing that needs to be further examined is the issue of giving leave time. This is because there are clear regulations on the number of days off, but still include the word "agreement". There are also those who do not mention at all how long a father/husband should take leave to accompany his wife during health problems and so on.

Although allowing for leave, the bill does not regulate how long a husband can take off. The bill only states that husbands are given enough time to accompany their wives and children for a number of reasons. The word "enough" can create a wide interpretation.

"It would be better not to have a maximum limit for leave, as it can lead to different interpretations and decisions from employers. It is better to clarify, for example, 30 days, as the amount that is currently being widely implemented in several countries," said Tata Sudrajat, Deputy Chief of Program Impact Creation at Save the Children Indonesia.

The challenge is how this obligation can be implemented in a paternalistic society.

Since the beginning of the Draft Law on Maternal and Child Welfare in the First Thousand Days of Life or the KIA Bill in the 1,000 HPK phase, the DPR and the government have stated that the spirit of regulating the role of fathers/husbands is to increase the role of fathers in caring for children. In addition, husbands are obliged to provide support to their wives during pregnancy, miscarriage, childbirth, and postpartum period.

For this matter, husbands are entitled to apply for companion leave for a certain period of time. For example, during childbirth, a husband can apply for two days or at most three days of leave. When his wife suffers a miscarriage, the husband is also entitled to two days of leave. The length of this leave also depends on an agreement.

The right to take leave is given with several conditions for husbands, namely mandatory to maintain the health of their wife and child as well as providing sufficient and balanced nutrition for the wife and child. Husbands are also obligated to support their wives in providing exclusive breastfeeding for their child from birth to six months of age and accompany them in obtaining health and nutrition services according to the standards.

Observers of women and children consider that the regulation of the role of father/husband is very good. Both parents can share responsibilities in parenting.

Moreover, the bill not only regulates the role of the husband. In the bill, there is also a joint obligation (father and mother), which is to prepare, examine, and maintain health starting from before pregnancy, during pregnancy, childbirth, and postpartum, as well as to ensure the survival and growth of the child.

Also read:Mother and Child Welfare, Domestic Workers, and Protection of Women's Rights

In addition, exclusive breastfeeding from birth up to six months of age, followed by continued breastfeeding and complementary feeding until the child is two years old, unless there is a medical indication. Both parents are also required to provide sufficient and balanced nutrition for their child and appropriate stimulation according to the child's age and condition to optimize their growth and development.

KOMPAS/SONYA HELLEN SINOMBOR

The discussion "The KIA Bill in the First One Thousand Days of Life: Pushing for the Role of Fathers in Childcare" was held by the Ministry of Women's Empowerment and Child Protection's Public Relations, on Tuesday (23/4/2024) at the Ministry's office in Jakarta.

Fathers and mothers are also required to monitor the growth and development of their children as well as have their health checked regularly at health service facilities; nurturing, caring for, educating, and protecting children with love. Parents also have an obligation to instill religious values, belief in one God, and good character in their children.

"However, the challenge is how this obligation can be implemented in a paternalistic society, where women are placed in charge of domestic affairs. Moreover, in this Family Resilience Bill, there are no sanctions for mothers or fathers who do not fulfill this responsibility," said Tata.

Two settings

The regulation differs from the Child Protection Law, which imposes criminal sanctions, even aggravated ones, in cases of violence against children by parents. Some of the obligations of mothers that are regulated in the Child Protection Bill are also almost the same as the obligations of parents under the Child Protection Law.

"Don't let the existence of two arrangements regarding the obligations and responsibilities of mothers, fathers or parents, the law becomes a 'take away menu' when a dispute occurs. "The parties involved in the lawsuit will of course adopt regulations that benefit them, such as no sanctions," said Tata.

KOMPAS/ADRYAN YOGA PARAMADWYA

Children playing at the Asoka RPTRA, South Jakarta, October 2023.

Therefore, the new regulation is to avoid regulating things that have already been covered by previous regulations. Unless the new regulation changes the regulation as long as it does not lower the previously established standards.

Although the role of father/husband and parental leave rights have been regulated in the KIA bill, for the Coalition of Civil Society against Sexual Violence (Kompaks), the potential for domestication of women in the bill is still very high. This can be seen from the different amount of leave given to women (wives) and men, which is higher for women.

"This is an indication that the role of child care is still focused only on women," Naila Rizki from Kompaks.

Kompaks also assesses that the KIA bill has not accommodated the interests of all female workers in the country. This is because the regulations only apply to female workers in the formal sector (outside of civil servants and members of the military/police). Meanwhile, there are far more women who work in the informal sector, including domestic workers.

TANGKAPAN LAYAR MEDIA SOSIAL

The Vice Chairman of the VIII Commission of the Indonesian House of Representatives, Diah Pitaloka, gave a speech at the opening of the 2023 National Coordination Meeting on Women's Empowerment and Child Protection (PPPA) in Bogor, West Java on Wednesday, August 30th, 2023.

Previously, Diah Pitaloka, Vice Chairman of Commission VIII of the DPR, said that the Child Protection Bill was proposed due to numerous complaints and input regarding child care. This bill is considered positive to improve the welfare of mothers and children as well as encourage the role of fathers and mothers as responsible parents for the health, education, and welfare of their children.

"So, the emphasis is not only on mothers, but also on how fathers take up the role of caring for children as parents," said Diah.