Teen in trouble

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I have a step-son who is thirteen and his dad lets him do whatever he wants even though he says he doesn't. I have tried to get him to listen and to stop getting into trouble but when I tell him that he is grounded and he can't go anywhere or get on the computer, his will ask his dad and then he gets to go anyways. I have tried talking to my husband and all he says is that he had stuff that needed to be done and he thought that it would be easier if the oldest wasnt there getting into stuff or causing his brother to cry. I have tried explaining to him that he acts up because he let's him and if he wanted to get him under control then he needs to set boundaries. I need advise on what to do.