Jakarta has introduced new regulations regarding polygamous marriages among its male civil servants, aiming to enforce stricter conditions on the practice. Issued on January 6, 2024, the regulation requires civil servants to meet specific criteria before entering into a polygamous marriage. These include proof of a childless marriage lasting over ten years, medical evidence that the first wife has a physical disability or incurable disease, written permission from the first wife, and court approval to ensure financial capability for supporting multiple families. This move comes amidst concerns over the rising divorce rates among civil servants in Jakarta.
The regulation stipulates that male civil servants can engage in polygamous marriages if their first wives are unable to fulfill marital obligations or suffer from disabilities or serious illnesses. However, female civil servants are prohibited from becoming second, third, or fourth wives. The initiative aims to protect the rights of wives and children by tightening existing rules and reducing divorce rates among civil servants.
“It is meant to tighten the existing rules, to protect them, to protect the wives’ and children’s rights,” – Teguh
The new regulation follows Indonesia's longstanding legal framework on polygamy, which dates back to the 1974 Marriage Law. Provisions specific to male civil servants were added in 1983. Despite these measures, the regulation has faced criticism from various quarters. Amnesty International Indonesia and other political groups argue that it contradicts gender equality and human rights principles.
“Instead of providing solutions to marital problems, it can create new problems with regards to gender inequality,” – Elva Farhi Qolbina
Amnesty International Indonesia's criticism highlights potential issues with the regulation's alignment with international commitments. Indonesia is a signatory to both the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women, raising questions about the regulation's compatibility with these agreements.
In response to concerns over unregistered marriages and their impact on women and children, Siti Aminah Tardi emphasized the vulnerability that arises when second or third marriages are not officially registered with authorities.
“In many cases, second or third marriages are not officially registered with the authorities, which leaves women and children in these marriages vulnerable,” – Siti Aminah Tardi
The Jakarta Regional House of Representatives has called for a robust tracking mechanism to ensure compliance with the requirement for obtaining consent from first wives. This step aims to prevent unauthorized polygamous marriages and ensure that all parties involved are adequately protected under the law.
Acting Governor Teguh Setyabudi defended the regulation by emphasizing its purpose of strengthening existing rules around polygamy and reducing instances of divorce among civil servants.
“The main point is to tighten the rules on polygamy so that they will not get divorced easily,” – Acting Governor Teguh Setyabudi
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