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Jakarta's New Polygamy Regulation Faces Criticism and Calls for Better Oversight

Thomas Rizal, Algi Muhamad Gifari
January 21, 2025 | 10:11 am
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This undated photo shows Indonesian civil servants. (Antara Photo)
This undated photo shows Indonesian civil servants. (Antara Photo)

Jakarta. Deputy of Home Affairs Minister Bima Arya Sugiarto addressed Jakarta’s new regulation on polygamy, as outlined in Governor Regulation No. 2 of 2025.

The regulation has sparked controversy by allowing civil servants to practice polygamy. However, Bima explained that the regulation is intended to reduce divorce rates among government employees by enforcing stricter marriage and divorce procedures.

"This regulation isn’t just about polygamy; it also sets stricter guidelines for marriages and divorces to safeguard the family dynamics of civil servants and prevent hasty decisions," Bima said at Jakarta City Hall on Monday.

The new regulation reinforces existing rules, including Government Regulation (PP) No. 10 of 1983 and its amendment, PP No. 45 of 1990. Polygamy permissions will now require multiple layers of approval, including from direct supervisors and judicial verification, to ensure that all parties—particularly wives—consent without coercion.

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“For example, if a wife gives consent, it must be verified to confirm it was voluntary. The court’s approval is also a crucial requirement,” he said.

The regulation also focuses on protecting the rights of wives and children of civil servants (ASNs). Bima stressed that the policy is not intended to complicate matters but to ensure families are not adversely affected by impulsive decisions.

Advocacy for Better Oversight

Public policy expert Achmad Nur Hidayat from UPN Veteran Jakarta said while the regulation aims to curb unauthorized marriages and reduce divorce rates, most cases of polygamy among civil servants are not due to legitimate reasons stipulated in the law—such as a spouse’s inability to fulfill marital duties or infertility—but are rather the result of extramarital affairs.

Achmad criticized the sudden issuance of the regulation, stating that it lacked prior public communication or consultation, catching many by surprise.

He pointed out the extensive requirements that civil servants must meet to obtain permission for polygamy, including obtaining consent from the first spouse, court approval, and income transparency with supervisors. While the stringent rules act as a deterrent, Achmad warned that weak enforcement could lead civil servants to bypass the formal process, rendering the regulation ineffective.

He said proper oversight and transparent enforcement are essential to ensuring the regulation achieves its objectives. Achmad also stressed that civil servants should serve as role models for the public, suggesting that without robust monitoring mechanisms, the regulation risks being undermined.

The regulation has also drawn attention from the National Commission on Violence Against Women (Komnas Perempuan). Commissioner Siti Aminah Tardi highlighted issues with unregistered polygamous marriages, which often violate official guidelines.

"Polygamy conducted through proper procedures—such as obtaining consent from the wife, supervisor, and court—is more likely to be supervised effectively," Siti explained during a televised discussion on Sunday.

Siti called for better education on marriage regulations for civil servants and their families, starting from recruitment. "It’s important for civil servants and their spouses to understand their rights and the procedures for reporting violations," she said.

Siti hopes that the new regulation will lead to effective oversight, preventing misuse and maintaining public trust in civil servants.

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