DKI Provincial Government Concerning Jakarta ASN Rules May Be Polygamy: Not New, Derivatives Of Legislation Regulations

Head of the Regional Personnel Agency of DKI Jakarta Province, Chaidir, clarified the rules that allow polygamy to state civil servants (ASN) within the DKI Jakarta Provincial Government.

The regulation is contained in Governor Regulation Number 2 of 2025 concerning Procedures for Providing Marriage and Divorce Permits for ASN.

Chaidir explained that this rule is a derivative of Government Regulation Number 10 of 1983 as amended in Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants.

Pergub 2 of 2025, according to Chaidir, actually detailed the rules in the application for marriage and divorce.

"This is not new, because this Pergub is a derivative of the prevailing laws and regulations," said Chaidir at DKI Jakarta City Hall, Friday, January 17.

Chaidir emphasized that the DKI Provincial Government felt the need to formulate more rigid regulations regarding the delegation of authority in the issuance of permits or marriage and divorce certificates for ASN.

Article 41 of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline stipulates that civil servants who violate PP Number 10 of 1983, as amended by Government Regulation Number 45 of 1990, can be sentenced to severe disciplinary penalties.

"So, there are no more ASNs who divorce without permission or a certificate from the leadership, and there are no more ASNs who have more than one wife who are not in accordance with the legislation," he said.

More specifically, this governor's regulation regulates restrictions for ASN men who are about to remarry, as well as what conditions can be given approval and what conditions are prohibited. It is hoped that this rule can prevent unapproved unregistered marriages, both from legal wives and authorized officials. Likewise with divorce, so that regional financial losses do not occur in providing family allowances.

"Thus, this Pergub as a warning for ASN who commit these violations can be subject to severe disciplinary punishment," he said.

It is known that Pergub Number 2 of 2025 replaces Governor Decree Number 2799/2004 which is no longer valid.

This governor's regulation contains eight chapters with a scope of regulations regarding marriage reporting, licensing permits of more than one or polygamy, divorce permits or statements, consideration teams, income rights, and delegation of authority and power of attorney.

In Chapter II, it is stated that ASN employees who have married must report it no later than one year after the marriage is held.

"ASN employees who do not carry out their obligation to report marriage as referred to in paragraph (1) are sentenced to one type of severe disciplinary punishment in accordance with the provisions of the legislation," wrote Article 3 paragraph (3) of Governor Regulation Number 2 of 2025, quoted on Friday, January 17.

This governor's regulation contains rules that allow ASN polygamy. In Article 4 paragraph (1), it is stated that male ASN employees who will have more than one wife are required to obtain permission from authorized officials before marriage.

"ASN employees who do not carry out their obligation to obtain a permit from an authorized official before holding a marriage as referred to in paragraph (1) are sentenced to one type of severe disciplinary punishment in accordance with the provisions of the legislation," said Article 4 paragraph (2).

Still in the governor's regulation, it is explained that more than one wife's permit can be given to male ASN if it meets the requirements.

These conditions include that the wife cannot carry out her obligations, the wife gets body defects or infectious diseases, the wife cannot give birth to offspring after 10 years of marriage, obtains the consent of her wives or wives in writing, has sufficient income to finance the wives and children, is able to act fairly towards the wives and children, does not interfere with official duties; and has court decisions regarding more licensing permits than one.

Meanwhile, more than one wife's permit cannot be granted if it is contrary to the teachings/religious regulations held by the ASN employee concerned, does not meet the requirements, contrary to the provisions of the laws and regulations, the reasons put forward are contrary to common sense, and/or interfere with the implementation of official duties.

Furthermore, the governor's regulation also contains provisions regarding divorce permits for ASN DKI Provincial Government. In Article 10, ASN employees who will divorce as plaintiffs are required to obtain a divorce permit from an authorized official.

"ASN employees as referred to in paragraph (1) are prohibited from registering their divorce lawsuits in court, before obtaining a decision to grant a divorce permit," said Article 10 paragraph (3).

Then in Article 11, there is a reason that must be fulfilled to apply for a divorce permit, namely one of the parties committing adultery; one party becomes a trustee, administrator, or gambler who is difficult to heal; one party leaves the other for 2 consecutive years without the permission of another party and for no legal reason or for other reason other than his ability / willingness; one party gets a prison sentence of 5 years or a heavier sentence continuously after the marriage takes place; one party commits atrocities or severe persecution that endangers the other; or between husband and wife there is continuous dispute and quarrel and there is no hope of living in harmony again in the household.

In Article 12, it is stated that the divorce permit can be rejected if it is contrary to the teachings/religious regulations adopted by the ASN Employee, there is no reason as referred to in Article 11, contrary to the provisions of the legislation, the reasons for the divorce put forward are contrary to common sense; and/or the reasons for the wife to get a body or disease with the result of not being able to carry out her obligations as a wife.