A new decree regulating polygamy among Jakarta’s male civil servants has ignited widespread criticism from human rights and gender equality advocates, who argue that it perpetuates discrimination and harms women. Issued on January 6 by acting governor Teguh Setyabudi, the regulation aims to tighten provisions in Indonesia’s 1974 Marriage Law that allows polygamy under specific conditions.
The decree sets strict requirements for civil servants wishing to take additional wives. These include medical proof of the first wife’s incapacity to perform marital duties due to illness or disability, evidence of infertility after ten years of marriage, written consent from the first wife, and court approval.
The Jakarta Employment Agency, which defends the new policy, claims it aims to curb the city’s high divorce rates among government employees. “We hope that this decree will prevent civil servants from divorcing without institutional consent or taking additional wives without following the regulations,” said Chaidir, head of the agency.
However, the regulation has faced harsh criticism from rights organizations. Amnesty International Indonesia has condemned the decree as a violation of international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Usman Hamid, the group’s executive director, argued that polygamy inherently discriminates against women, creating inequality in marriage, and called for its abolition.
The National Commission on Violence Against Women (Komnas Perempuan) echoed these concerns, linking polygamy to domestic violence and emotional neglect, which they say is often a consequence of such marriages. “Polygamy is not only discriminatory, but it also perpetuates patriarchal values that subordinate women to domestic roles and can increase the risk of psychological abuse,” said the commission.
Despite the backlash, public policy analyst Achmad Nur Hidayat clarified during a discussion that the regulation was not an endorsement of polygamy but an attempt to impose stricter conditions on the practice. He stressed that the decree makes it much harder for civil servants to take additional wives by introducing these stringent requirements.
The Jakarta administration has defended the regulation as a protective measure for families. Acting Governor Setyabudi emphasized that the primary goal is to safeguard civil servants’ families, not to encourage polygamy. He stated that discussions surrounding the decree began in 2023 and involved input from the Justice Ministry and other stakeholders.
Critics, however, argue that the regulation does little to address the systemic issues behind polygamy and could deepen existing gender inequalities. The policy remains one-sided, as male civil servants are allowed multiple wives while female civil servants are prohibited from entering into polygamous marriages. This imbalance highlights the inherent gender bias in the law.
Additionally, the regulation has raised concerns about unregistered polygamous marriages. Many such unions remain unofficial, leaving women and children vulnerable. Siti Aminah Tardi, a commissioner with the National Commission for Women, stressed the dangers of unregistered marriages, pointing out that women and children in these situations often lack legal protection.
As calls grow for reform, the Jakarta administration faces mounting pressure to address the broader issues surrounding polygamy and gender inequality. Komnas Perempuan has urged the government to focus on revising the 1974 Marriage Law, calling for a framework that prioritizes women’s rights and safeguards against discrimination and violence.
