The Law on Polygamy in Indonesia

Oct 13, 2025 by windailys.com 53 views

Introduction

Marriage is a fundamental institution in human society, providing a platform for individuals to build families, raise children, and seek happiness. However, in some cases, the institution of marriage can be complicated by the practice of polygamy, where an individual has multiple spouses. In Indonesia, polygamy is governed by Law Number 1 of 1974 concerning Marriage, which allows for polygamy under certain conditions. This study aims to examine the legal implications of polygamy in Indonesia, with a focus on the case decision number 5/Pdt.G/2019/PA.Gst.

Background

Polygamy is a complex issue in Indonesia, with many controversies surrounding its practice. While the law allows for polygamy under certain conditions, many parties consider it a form of gender injustice, particularly for women. Women often face challenges in competing with other wives for the attention and resources of their husbands. Despite the law regulating the possibility of polygamy, there are still significant social impacts that need attention.

The Law on Polygamy in Indonesia

Law Number 1 of 1974 concerning Marriage is the primary legislation governing marriage in Indonesia. The law allows for polygamy under certain conditions, including when a husband is unable to fulfill his obligations to his wife due to a valid reason, such as prolonged absence or illness. However, the law requires that the husband obtain permission from the Religious Court before entering into a polygamous marriage.

Case Decision Number 5/Pdt.G/2019/PA.Gst

The case decision number 5/Pdt.G/2019/PA.Gst is a notable example of the application of the law on polygamy in Indonesia. In this case, the husband was granted permission to enter into a polygamous marriage due to his prolonged absence from home, which made it difficult for his wife to fulfill her obligations. The judge's decision was considered appropriate, as it took into account the social context and the needs of the parties involved.

Analysis of the Decision

The analysis of the decision number 5/Pdt.G/2019/PA.GST reveals that the judge's decision was based on a deep understanding of the social context behind the practice of polygamy. The judge considered aspects of emotional and physical needs in husband and wife relationships, as well as viewing that in certain situations, polygamy can be a solution to overcome problems that arise due to the inability of the wife to carry out her obligations.

Challenges and Social Impacts

Despite the law regulating the possibility of polygamy, there are still significant challenges and social impacts that need attention. Women often face challenges in competing with other wives for the attention and resources of their husbands. The practice of polygamy can also lead to social and economic problems, including the distribution of resources and the care of children.

Conclusion

This study provides a deep insight into polygamy in the context of Indonesian law, and the importance of a balanced approach between individual interests and protection of human rights. Marriage must remain a strong foundation to build a harmonious and happy family, without ignoring justice and equality for all parties involved. The law on polygamy in Indonesia requires revision and renewal to be more responsive to the social dynamics that occur. Fair policies not only protect women's rights but also provide space for the formation of healthy relations and mutual support between husband and wife.

Recommendations

Based on the findings of this study, the following recommendations are made:

Revision of the Law on Polygamy: The law on polygamy in Indonesia requires revision and renewal to be more responsive to the social dynamics that occur.
Protection of Women's Rights: Fair policies must be implemented to protect women's rights and provide space for the formation of healthy relations and mutual support between husband and wife.
Education and Awareness: Education and awareness programs must be implemented to raise awareness about the social impacts of polygamy and the importance of protecting women's rights.
Support for Women: Support must be provided for women who are affected by polygamy, including counseling and economic assistance.

Limitations of the Study

This study has several limitations, including:

Limited Scope: The study focuses on the case decision number 5/Pdt.G/2019/PA.Gst and does not provide a comprehensive analysis of the law on polygamy in Indonesia.
Limited Data: The study relies on secondary data, including literature and case decisions, which may not provide a complete picture of the social impacts of polygamy.
Limited Generalizability: The study's findings may not be generalizable to other contexts, including other countries or cultures.

Future Research Directions

Future research directions include:

Comprehensive Analysis of the Law on Polygamy: A comprehensive analysis of the law on polygamy in Indonesia must be conducted to identify the strengths and weaknesses of the current legislation.
Empirical Study of the Social Impacts of Polygamy: An empirical study of the social impacts of polygamy must be conducted to provide a more detailed understanding of the effects of polygamy on women and children.
Development of Policies and Programs: Policies and programs must be developed to support women who are affected by polygamy, including counseling and economic assistance.

Introduction

Polygamy is a complex and sensitive issue in Indonesia, with many controversies surrounding its practice. In this article, we will address some of the frequently asked questions (FAQs) on polygamy marriage in Indonesia, providing a deeper understanding of the law and its implications.

Q1: What is polygamy?

A1: Polygamy is a form of marriage where one person has multiple spouses. In Indonesia, polygamy is allowed under certain conditions, including when a husband is unable to fulfill his obligations to his wife due to a valid reason, such as prolonged absence or illness.

Q2: Is polygamy allowed in Indonesia?

A2: Yes, polygamy is allowed in Indonesia under certain conditions. However, the husband must obtain permission from the Religious Court before entering into a polygamous marriage.

Q3: What are the requirements for a polygamous marriage in Indonesia?

A3: The requirements for a polygamous marriage in Indonesia include:

The husband must have a valid reason for entering into a polygamous marriage, such as prolonged absence or illness.
The husband must obtain permission from the Religious Court before entering into a polygamous marriage.
The husband must provide for the needs of his existing wife and children before entering into a polygamous marriage.

Q4: What are the challenges and social impacts of polygamy in Indonesia?

A4: The challenges and social impacts of polygamy in Indonesia include:

Women often face challenges in competing with other wives for the attention and resources of their husbands.
The practice of polygamy can lead to social and economic problems, including the distribution of resources and the care of children.
Women may experience emotional and psychological distress due to the competition and jealousy that can arise in polygamous relationships.

Q5: How can women protect their rights in a polygamous marriage?

A5: Women can protect their rights in a polygamous marriage by:

Seeking counseling and support from family, friends, and professionals.
Negotiating with their husband to establish clear boundaries and expectations.
Seeking legal advice and representation if necessary.
Building a support network of friends and family to provide emotional and practical support.

Q6: What are the consequences of a polygamous marriage that is not registered with the Religious Court?

A6: A polygamous marriage that is not registered with the Religious Court is considered invalid and may have serious consequences, including:

The marriage may not be recognized by the state or other authorities.
The husband may be subject to penalties and fines for failing to register the marriage.
The wife and children may not have access to the same rights and benefits as those in a registered marriage.

Q7: How can couples navigate the complexities of polygamy in Indonesia?

A7: Couples can navigate the complexities of polygamy in Indonesia by:

Seeking counseling and support from family, friends, and professionals.
Negotiating with each other to establish clear boundaries and expectations.
Seeking legal advice and representation if necessary.
Building a support network of friends and family to provide emotional and practical support.

Conclusion

Polygamy is a complex and sensitive issue in Indonesia, with many controversies surrounding its practice. By understanding the law and its implications, couples can navigate the complexities of polygamy and protect their rights.