Human Rights and Gender Equality: An Analysis of Polygamy Regulations for Civil Servants in Indonesia

This research aims to analyze the regulations related to marriage and divorce permits for civil servants (PNS) in Indonesia as stipulated in the Government Regulation of the Republic of Indonesia Number 45 of 1990. This regulation is often considered new, even though it has been in effect since 1983. The lack of legal awareness of this regulation has confused the community and sparked debate, mainly due to (1) the lack of understanding and socialization related to this regulation, causing social chaos; (2) the assumption that the regulation is unfair because it contradicts Law Number 1 of 1974 concerning marriage, especially in the provision of polygamy; and (3) potential violations of human rights, especially about gender equality. This research uses a normative juridical method with a descriptive normative approach. The analysis is based on secondary legal sources, such as legislation and relevant literature. The results show that this regulation has urgency in upholding legal awareness in the community as a form of compliance with marriage rules for civil servants, especially in terms of polygamy permits for men and the prohibition of being a second wife for women. In addition, social chaos arising from this regulation can be prevented by strengthening legal awareness, which aims to create a better legal culture and increase compliance with applicable regulations. While this regulation is designed to provide legal protection for individuals and maintain ethics within the bureaucracy, its implementation must align with the principles of human rights and gender equality. Therefore, further evaluation of this regulation is needed to remain relevant to Indonesia's social and legal dynamics.

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Publication Details

Journal
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Published
2025-03-20
DOI
https://doi.org/10.32505/qadha.v12i1.10900
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
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article

Human Rights and Gender Equality: An Analysis of Polygamy Regulations for Civil Servants in Indonesia

Yulia Fithriany Rahmah
1 links
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Gender and Women's Rights
article

Human Rights and Gender Equality: An Analysis of Polygamy Regulations for Civil Servants in Indonesia

Yulia Fithriany Rahmah
article en

Abstract

This research aims to analyze the regulations related to marriage and divorce permits for civil servants (PNS) in Indonesia as stipulated in the Government Regulation of the Republic of Indonesia Number 45 of 1990. This regulation is often considered new, even though it has been in effect since 1983. The lack of legal awareness of this regulation has confused the community and sparked debate, mainly due to (1) the lack of understanding and socialization related to this regulation, causing social chaos; (2) the assumption that the regulation is unfair because it contradicts Law Number 1 of 1974 concerning marriage, especially in the provision of polygamy; and (3) potential violations of human rights, especially about gender equality. This research uses a normative juridical method with a descriptive normative approach. The analysis is based on secondary legal sources, such as legislation and relevant literature. The results show that this regulation has urgency in upholding legal awareness in the community as a form of compliance with marriage rules for civil servants, especially in terms of polygamy permits for men and the prohibition of being a second wife for women. In addition, social chaos arising from this regulation can be prevented by strengthening legal awareness, which aims to create a better legal culture and increase compliance with applicable regulations. While this regulation is designed to provide legal protection for individuals and maintain ethics within the bureaucracy, its implementation must align with the principles of human rights and gender equality. Therefore, further evaluation of this regulation is needed to remain relevant to Indonesia's social and legal dynamics.

Al-Qadha Jurnal Hukum Islam dan Perundang-UndanganVol. 12(1)
Sunan Gunung Djati State Islamic University Bandung (ID)
Openalex Percentile: Top 94%
Gender and Women's Rights
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