Polygamy, Power, and Policy in Contemporary Indonesia
Polygamy
has long been regulated as an exception under Indonesian law, with strict
conditions intended to protect wives and children. However, the revision of the
1974 Marriage Law in 2025, combined with Jakarta Governor Regulation No.
2/2025, changed the practical landscape especially for male civil servants. The
Jakarta regulation simplified administrative requirements for polygamy,
triggering protests from women’s rights groups, legal scholars, and civil
society organizations.
The
controversy intensified after a Jakarta PTUN ruling in June 2025 involving a
senior civil servant who entered into an unauthorized polygamous marriage. His
first wife challenged the decision after her household income reportedly fell
by up to 40 percent. The court case became a focal point for wider concerns
about how legal loopholes and elite privilege can undermine women’s economic
security.
How the Research Was Conducted
The study uses a legal and policy analysis approach, examining national laws, local regulations, and court decisions. The authors focused on:
- The revised Marriage Law of 2025.
- Jakarta Governor Regulation No. 2/2025.
- The Jakarta PTUN Decision No. 22/G/2025/PTUN.JKT.
In
addition, the research documented outcomes from legal workshops, legal aid
clinics, and advocacy programs involving 100 housewives in Jakarta between
January and June 2025. These programs helped women understand their rights to
financial maintenance and navigate legal remedies.
Key Findings: Financial Rights at the Center
The
research highlights several critical findings that reshape how polygamy and
women’s rights are understood in Indonesia:
Maintenance is a mandatory obligation. The Jakarta PTUN ruled that a husband’s duty to provide financial support to his lawful wife is absolute, even if he violates administrative rules by engaging in illegal polygamy.
Administrative sanctions matter. The court affirmed disciplinary penalties for civil servants, including salary deductions and demotions, reinforcing that personal conduct has professional consequences.
Legal awareness works. Out of 100 participating women, 80 gained a clear understanding of their financial and legal rights, and 15 maintenance disputes were successfully resolved.
Economic harm is widespread. National data cited in the study show that about 65 percent of women in polygamous marriages experience declining household welfare.
These
findings position women not merely as dependents, but as rights-bearing
individuals whose financial security must be protected by the state.
Implications for Policy and Society
The research carries several implications beyond Jakarta:
- For
policymakers: National
harmonization is needed to prevent local regulations from undermining women’s
rights.
- For
civil servants: Personal
conduct, including marital decisions, has ethical and administrative
consequences.
- For women and families: Legal literacy and consumer-style protections can strengthen economic security and dignity.
The
authors also point to international examples, such as Malaysia and Tunisia,
where stricter oversight has limited the social harms associated with polygamy.
Author Profiles
Eti Mul Erowati, S.H., M.H. Lecturer and legal researcher at Wijaya Kusuma University Purwokerto Her
expertise includes family law, gender justice, and legal reform.
Maya Jullyana, S.H., M.H.
Lecturer at Wijaya Kusuma University Purwokerto,
specializing in family law,
consumer protection, and women’s rights advocacy.
Source
Eti
Mul Erowati & Maya Jullyana. Elite Polygamy Controversy After the
Revision of the Marriage Law (Case Study of Women's Maintenance Rights Based on
the 2025 Jakarta PTUN Decision and Family Consumer Rights Reform) Formosa Journal of Applied Sciences, Vol. 5 No. 1, hlm. 343-358.2026.
DOI: https://doi.org/10.55927/fjas.v5i1.535
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