Minister Of Home Affairs Tito's Explanation Regarding The Jakarta ASN Poligamy Gubernatorial Regulation: Complicating Divorce

Minister Of Home Affairs Tito Karnavian/PHOTO: Diah Ayu-VOI

JAKARTA - Minister of Home Affairs (Mendagri) Tito Karnavian admitted that he had asked the Acting Governor of DKI Jakarta, Teguh Setyabudi, for an explanation regarding the governor's regulation (pergub) which regulates ASN within the DKI Jakarta Provincial Government for polygamy.

In fact, said Tito, this governor's regulation was made to complicate the intention of male ASN to divorce his wife. This is because Pergub Number 2 of 2025 concerning Procedures for the Provision of Marriage and Divorce Permits contains many requirements for ASN who intend to divorce to polygamy.

"The governor made regulations that made it difficult for divorce to occur. So that's the issue, it complicates the occurrence of divorce. Now, the old regulations allow husbands to marry again to others, with certain requirements, make it difficult by the Governor," said Tito in Johar Baru, Central Jakarta, Monday, January 20.

Teguh, according to Tito, tried to reinforce the requirements for polygamy, starting from the inability of his wife to carry out obligations, not having children for 10 years, to the need for licensing from his wife before her husband remarried.

Likewise, the requirements for divorce, according to Tito, are increasingly making it difficult to reduce the divorce rate. Where throughout 2024, as many as 116 DKI Provincial Government ASN filed for divorce.

"So the goal is not to make polygamy easier, if I look at it. No. To protect, do not let divorce, husband, then after marriage, his wife is less capable, then left alone," he explained.

Previously reported, Pergub Number 2 of 2025 replaces Governor Decree Number 2799/2004 which is no longer valid.

There are eight chapters with a scope of regulations regarding marriage reporting, licensing permits of more than one or polygamy, permission or divorce statements, consideration teams, income rights, and delegation of authority and power of attorney. Family vacation package

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.