Acting Governor Of Jakarta Regarding The Gubernatorial Regulation That Regulates Polygamy: Instead Protect ASN Families

JAKARTA - Jakarta Governor Teguh Setyabudi denied the issuance of Governor Regulation (Pergub) Number 2 of 2025 allowing polygamy. He said this policy aims to protect families by tightening marriage and divorce rules within the state civil apparatus (ASN).

"We actually want to protect ASN families by tightening marriage and divorce for ASN. This then also has several criteria," Teguh told reporters in the Ancol area, North Jakarta, quoted on Saturday, January 18.

"Indeed, we want the marriage, the divorce carried out by ASN in DKI Jakarta can really be reported so that it will also be for good. Including how we protect the family if there is a divorce," he continued.

Moreover, there are several rules for Jakarta Provincial Government ASNs who want polygamy. Among them is that there must be approval of the authorities and wife; the income is sufficient so that there must be a decision from the court.

What is viral is as if we allow polygamy. Nothing in our spirit at all. Our spirit is to protect," he said.

As previously reported, Pergub Number 2 of 2025 replaces Governor Decree No. 2799/2004 which is no longer valid. There are eight chapters with a scope of regulations regarding marriage reporting, more than a wife's permit or polygamy, permission or divorce statement, deliberation team, income rights, and delegation of authority and power giver.

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 outlined that more than one wife's permit can be given to male ASN if it meets the requirements. These requirements include that wives cannot carry out their obligations, wives get body defects or diseases that cannot be cured, wives cannot give birth to offspring after 10 years of marriage, get the consent of wives or wives in writing, have sufficient income to finance their wives and children, be able to act fairly towards their wives and children, do not interfere with official duties; and have court decisions regarding more wife's 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.