Polygamy in the Bureaucracy: Human Rights and Gender Equality Analysis of Civil Servant Regulations in Indonesia

Abstract

The purpose of this study is to examine the legal framework governing marriage and divorce procedures for Indonesian civil servants, as stipulated in Government Regulation No. 45 of 1990. Although its implementation began in 1983, this legal framework is often considered a new regulation. The public’s lack of understanding of these legal provisions has led to social confusion and controversial debates, mainly due to: (1) a lack of understanding and dissemination of the contents of the regulation, resulting in social disruption; (2) perceptions of injustice due to perceived inconsistencies with Law No. 1 of 1974 on Marriage, particularly regarding the provisions on polygamous marriage; and (3) concerns about human rights violations, particularly regarding gender equality. This study uses a normative juridical methodology with a descriptive normative framework. Secondary legal materials, including legal instruments and scientific works, form the basis of the analysis. The results of the study indicate that this regulatory system plays a vital role in improving public understanding of the law as an instrument to ensure compliance with marriage regulations for civil servants, particularly those relating to polygamy permits for male employees and restrictions on female employees becoming second or subsequent wives. In addition, the social impact arising from this regulatory system can be reduced through strengthening legal understanding, which is expected to build a higher quality of legal awareness and strengthen compliance with applicable regulations. Although this regulation is designed to provide legal certainty for affected parties and maintain ethical behaviour in the bureaucracy, its implementation must be in line with human rights values and gender equality norms. Thus, further evaluation of this regulatory system is essential to ensure its relevance in the dynamic social and legal context of Indonesia, which continues to evolve.