New rules on polygamy for male Jakarta civil servants to 'protect families', says acting governor amid backlash

JAKARTA: New rules on polygamy among male civil servants in Jakarta seek to “impose stricter conditions” on the practice, the capital’s acting governor said on Monday (Jan 20) amid criticism that they legitimise and promote such arrangements.

Acting Governor Teguh Setyabudi also pledged his provincial government would not easily grant the requests of male civil servants who wish to have more than one wife.

Some of the new conditions, issued on Jan 6, include proof of a childless marriage lasting over 10 years, medical proof that the first wife has a physical disability or incurable disease, written permission from the first wife, and court approval to ensure that the civil servant is financially capable of supporting multiple families, according to news outlet Tempo. 

An applicant will not be allowed to go ahead with a polygamous marriage if it conflicts with his religious teachings or has the potential to disrupt his official duties. 

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If the civil servant is found to have violated the rules, he will face disciplinary action, Tempo reported.

“It is meant to tighten the existing rules, to protect them, to protect the wives’ and children’s rights,” Teguh, who signed and approved the regulation, told the media on Monday (Jan 20), as quoted by Kompas. 

In his first clarification last Friday, Teguh emphasised that the primary goal of the regulation is to “protect the families of the civil servants”. He said discussions on the regulation began in 2023 and stakeholders included officials from the Justice Ministry.

Meanwhile, Deputy Minister of Home Affairs Bima Arya Sugiarto said the provincial government issued the revised regulation because of the high divorce rate among Jakarta civil servants in 2024, when 116 cases were reported. 

“The main point is to tighten the rules on polygamy so that they will not get divorced easily,” he said on Monday. 

Indonesia introduced conditions for polygamy in the country in its 1974 Marriage Law, and provisions for male civil servants in 1983. While male civil servants are allowed to have more than one wife, female civil servants are not allowed to be one’s second, third or fourth wife, Kompas reported.

NEW RULES COULD WORSEN GENDER INEQUALITY, SAY CRITICS

Various politicians and groups have criticised Jakarta’s new rules on polygamy among male civil servants.

Indonesia’s National Commission on Violence against Women has called on the provincial government to have a proper tracking mechanism to ensure the civil servants obtain permission from their first wives, and to prevent the occurrence of unregistered marriages without consent. 

“In many cases, second or third marriages are not officially registered with the authorities, which leaves women and children in these marriages vulnerable,” the organisation’s commissioner Siti Aminah Tardi said, as quoted by Jakarta Globe. 

Ima Mahdiah, deputy chair of the Jakarta Regional House of Representatives, said the new regulation distracts from more immediate priorities.

“Policies that are not urgent like this have the potential to trigger unproductive debates and shift the focus from the main needs of Jakarta residents,” Ima told Tempo last Saturday. 

Elva Farhi Qolbina, a member of the Jakarta Regional House of Representatives from the Indonesian Solidarity Party, argued the gubernatorial regulation could worsen gender inequality in the country. 

“Instead of providing solutions to marital problems, it can create new problems with regards to gender inequality,” she said, as quoted by Tempo.

Elva also said the regulation could make married women more vulnerable as it allows male civil servants to engage in polygamous marriages if their first wives are deemed unable to fulfil their obligations or if they suffer from disabilities or serious illnesses. 

Rights group Amnesty International Indonesia said the regulation is contrary to gender equality and human rights. 

Indonesia has ratified the International Covenant on Civil and Political Rights as well as the Convention on the Elimination of All Forms of Discrimination against Women, its executive director Usman Hamid noted in a statement.

“These two international human rights agreements emphasise that polygamy is a form of discrimination against women because it creates inequality in marital relations,” Usman said.

It would be more productive for the Acting Governor to impose regulations that promote gender equality, for instance, when women file for divorce and child custody, Usman added.