JAKARTA, RAKYAT NEWS – Amnesty International Indonesia has strongly criticized the recent decision by the Acting Governor of Jakarta to issue a regulation allowing polygamy for civil servants in the Special Capital Region of Jakarta.

Usman Hamid, Executive Director of Amnesty International Indonesia.
“Polygamy is in direct contradiction to international human rights agreements that Indonesia has ratified, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Both of these international human rights treaties affirm that polygamy is a form of discrimination against women, as it creates inequality within marital relationships.”

Hamid emphasized that the regulation is a clear violation of both national and international human rights principles, particularly gender equality. The United Nations Human Rights Committee, responsible for overseeing the implementation of the ICCPR, has consistently called for the abolition of polygamy, asserting that it undermines the dignity of women and violates the principle of equality in marriage.

Rather than adopting policies that perpetuate discrimination, Amnesty International Indonesia urges the Acting Governor of Jakarta, and the government in general, to establish regulations that provide women with equal access to divorce and child custody rights. In many cases, women face significant barriers in accessing divorce, leaving them trapped in cycles of domestic violence.

Article 3 of the ICCPR mandates that state parties ensure equal rights for men and women, and polygamy contradicts this by being inherently discriminatory. Similarly, Article 5(a) of CEDAW requires states to eliminate practices that promote gender inequality or reinforce stereotypical roles for men and women.

“We urge the Acting Governor to revise this regulation to ensure it does not violate women’s rights or perpetuate discrimination. Policies should prioritize gender equality and human rights within the civil service,” Hamid concluded.

On January 6, 2025, the Acting Governor of Jakarta issued Governor Regulation (Pergub) No. 2/2025 concerning the procedures for marriage and divorce permits for civil servants in the Jakarta provincial government. This regulation also covers polygamy, stipulating requirements for obtaining permission to marry more than one person.

Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on July 24, 1984, through Law No. 7/1984. CEDAW emphasizes the principles of non-discrimination and equality in marriage and family life.

General Comment No. 21 of CEDAW on Equality in Marriage and Family Relations clearly states that polygamy violates the right to equality between men and women and can have serious emotional and financial consequences for women. Indonesia also ratified the International Covenant on Civil and Political Rights (ICCPR) on October 28, 2005, through Law No. 12/2005.

Article 3 of the ICCPR requires state parties to ensure equal rights for men and women. General Comment No. 28 on Article 3 of the ICCPR further clarifies that polygamy is incompatible with the fulfillment of women’s basic rights and freedoms, and thus should be abolished. (Uki Ruknuddin)

 

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