A recent decree aimed at regulating polygamy among Jakarta’s male civil servants has sparked a backlash as critics are calling for the practice to be abolished entirely, citing its discriminatory nature and harmful impact on women.
The Jakarta gubernatorial regulation, issued on 6 January by acting governor Teguh Setyabudi, reaffirms and tightens existing provisions under Indonesia’s 1974 Marriage Law, which permits polygamy under specific conditions.
The decree outlines the strict requirements civil servants must meet to take additional wives, including medical proof that the first wife is unable to perform her marital responsibilities due to disability or illness, evidence of infertility after ten years of marriage, written consent from the first wife, and a court’s approval.
The Jakarta Employment Agency – a government regional civil service agency – has defended the move, describing it as an effort to reduce the city’s high divorce rates among government employees.
“[Hopefully] after the issuance of the [decree], there will be no more civil servants who divorce without permission from their institutions and have more than one wife without complying with the prevailing regulations,” said Chaidir, head of the Jakarta Employment Agency, in a statement last Friday.
However, the decree has drawn sharp criticism from human rights groups and gender equality advocates, who argue that such regulations perpetuate patriarchal norms, enable domestic violence, and fail to protect women and children in polygamous marriages.
Amnesty International Indonesia condemned the regulation as a violation of international human rights treaties that Indonesia has ratified, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
“Both international human rights treaties emphasise that polygamy is a form of discrimination against women because it creates inequality in marital relations,” said the group’s executive director Usman Hamid.
He called for the abolition of polygamy and urged the Jakarta administration to focus on policies that promote gender equality, such as improving women’s access to divorce and child custody rights.
The National Commission on Violence Against Women (Komnas Perempuan) echoed these concerns, describing the existing legal framework as a reflection of deeply entrenched patriarchal values.
“[The conditions for polygamy] are subjective and mirror the construction of a patriarchal society that places women in a subordinate position and makes them exclusively responsible for domestic roles such as child care and nurture,” the commission said.
It further highlighted the link between polygamy and domestic violence, citing emotional neglect as a common consequence of such marriages.
Emotional neglect accounts for a significant portion of the domestic violence cases reported since the ratification of the 2004 Domestic Violence Elimination Law, with half of the 3,079 cases involving psychological violence, according to Komnas Perempuan.
Public policy analyst Achmad Nur Hidayat attempted to clarify misconceptions about the regulation during a discussion hosted by BTV.
He argued that the decree was not an endorsement of polygamy but rather an effort to impose stricter conditions on its practice.
“Some members of the public mistakenly view this regulation as an incentive for male civil servants to take additional wives. In reality, it makes it significantly harder for them to do so,” he said.
Acting governor Teguh Setyabudi has also defended the regulation, asserting that it was designed to protect families rather than encourage polygamy.
“The primary goal of this regulation is to protect the families of our civil servants,” he said on Friday, adding that discussions on the decree had been ongoing since 2023 and involved officials from the Justice Ministry and other stakeholders.
Nevertheless, critics argue that the regulation does little to address the systemic issues underlying polygamous practices and may exacerbate existing inequalities.
While men civil servants are allowed more than one wife, their women counterparts remain barred from becoming a second, third, or fourth wife under the law, highlighting the inherent gender bias in the policy, reported Indonesian national daily Kompas in June 2023.
The regulation has also faced scrutiny from the National Commission for Women, which pointed out that many polygamous marriages remain unregistered, leaving women and children in these unions vulnerable. “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, a commissioner with the organisation was quoted as saying by the Jakarta Globe.
Indonesia’s 1974 Marriage Law, which first introduced conditions for polygamy, has faced growing calls for reform from activists and human rights organisations.
Komnas Perempuan has urged the government to prioritise revising the law to eliminate discriminatory provisions and protect women’s rights.
“Revisions to the 1974 Marriage Law should focus on the fulfilment of women’s rights and the liberation of women from discrimination and violence,” the commission said.
