Indonesia: marriage and polygyny under the law

1Overview of the law

Indonesian marriage law is national but applied according to the couple's religion. For Muslims, the main references are:

• Law No. 1 of 1974 on Marriage (UU Perkawinan), amended by UU No. 16 of 2019 (among other things raising the minimum marriage age to 19 years for both men and women).
• Government Regulation No. 9 of 1975 (PP 9/1975) — the implementing regulation of the UU Perkawinan, including the polygyny procedure (Article 40–45).
• Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) 1991 — referred to by the Religious Courts; Article 55–59 governs having more than one wife.
• PP 10/1983 jo. PP 45/1990 — special rules on permission for marriage and divorce for civil servants (Pegawai Negeri Sipil, PNS).

Article 3 paragraph (1) of the UU Perkawinan sets the principle that a man may have only one wife; paragraph (2) allows the court to permit a husband to have more than one wife when the parties concerned so wish. In other words, polygyny is not prohibited, but is an exception regulated by the court.

2Marriage registration

Article 2 of the UU Perkawinan states that a marriage is valid when performed according to the law of each religion, and every marriage is recorded according to statutory regulations. For Muslims, recording is done by the sub-district Kantor Urusan Agama (KUA) under the Ministry of Religious Affairs, and the couple receive a buku nikah (marriage book).

1. Notice of intention to marry given to the KUA where the marriage contract will take place.
2. Checking of documents (identity, status, the wali's consent, a certificate from the kelurahan/village) and announcement of the intention to marry.
3. The marriage contract is concluded before or under the supervision of the Marriage Registrar, with a wali (guardian) and two witnesses.
4. Signing of the marriage certificate and handing over of the buku nikah.

An unrecorded marriage (known as nikah siri) has no official proof; the wife and children find it hard to claim maintenance, jointly acquired matrimonial property (harta sepencarian) and inheritance. The remedy is an application for itsbat nikah (validation of marriage) at the Religious Court, but it is not a shortcut to avoid the polygyny requirements.

3Polygyny — conditions & process

Grounds (UU 1/1974 Article 4; KHI Article 57). The court grants permission only if the wife:

• cannot perform her duties as a wife;
• has a physical disability or an incurable illness; or
• cannot bear children.

Conditions (UU 1/1974 Article 5; KHI Article 58). The application must satisfy:

• there is consent from the wife or wives (written or oral, with oral consent confirmed before the court);
• certainty that the husband is able to provide for the needs of his wives and children;
• an assurance that the husband will be just to his wives and children.

Consent is not required if the wife cannot be asked for consent or there has been no news of her for at least two years, or for another reason assessed by the judge (UU 1/1974 Article 5 paragraph (2)).

Procedure (PP 9/1975 Article 40–44). The husband submits a written application to the court; the court examines whether there are grounds, the wife's consent (she is summoned and heard), and financial capacity (for example payslips, tax statements) and an assurance of just treatment. The Registrar is prohibited from recording a second marriage before the court has given permission (Article 44). Article 45 sets fines for breaches.

KHI. Article 55 limits it to four wives and makes justice the main condition; Article 56 states that a second marriage without the permission of the Religious Court has no legal force; Article 59 allows the Religious Court to grant permission even if the wife refuses consent, after examining and hearing the wife, and the wife may appeal (banding or kasasi).

4Special rules for civil servants (PNS)

For civil servants, PP 10/1983 jo. PP 45/1990 adds a layer of control:

• A male PNS who wishes to have more than one wife must first obtain written permission from his superior, in addition to the permission of the Religious Court.
• A female PNS is not permitted to become a second, third or fourth wife.
• Breaches may carry heavy disciplinary penalties under the PNS disciplinary regulations.

Members of the TNI/Polri (armed forces/police) and staff of certain agencies are also subject to their own internal rules.

An example of regional regulation: Jakarta Governor Regulation (Pergub DKI) No. 2 of 2025. The Governor Regulation on the procedure for granting permission for marriage and divorce to civil servants (ASN) in Jakarta was signed on 6 January 2025 by Acting Governor Teguh Setyabudi, replacing Kepgub No. 2799/2004. According to detikNews (January 2025), Article 5 allows a male ASN to have more than one wife only if there are grounds (the wife cannot perform her duties, has a disability/incurable illness, or cannot bear children), the wife's written consent, sufficient income, willingness to be just, no disruption to duties, and the court's permission; Article 6 lists the circumstances in which permission is refused; polygyny without permission carries a heavy disciplinary penalty. The regulation sparked public debate, and Governor Pramono Anung (February 2025) stated he would not grant polygyny permission to Jakarta ASN during his administration, without saying whether the Pergub would be revoked.

5Criminal aspects

Article 279 of the old (colonial-era) KUHP criminalised marrying while knowing there was a marriage constituting a lawful impediment. The national KUHP, UU No. 1 of 2023, came into force three years after promulgation (Article 624), namely on 2 January 2026, and retains a similar offence in Article 402:

• Paragraph (1) — anyone who contracts a marriage knowing that an existing marriage (their own or the other party's) is a lawful impediment: imprisonment of up to 4 years 6 months or a maximum category IV fine.
• Paragraph (2) — if he conceals the existing marriage from the other party: imprisonment of up to 6 years or a maximum category IV fine.

In January 2026 the Chair of Commission III of the DPR explained that the new KUHP does not prohibit polygyny or nikah siri as such; Article 402 targets marriages contracted despite a lawful impediment, for example marrying another man's wife. How far a second marriage without Religious Court permission counts as a "lawful impediment" is still debated among practitioners (including a judge's article on the Pamekasan Religious Court website, January 2026) and there is no settled prosecution practice yet. What is certain: concealing one's marital status in order to marry again is the most serious form under Article 402.

6Divorce in brief

UU 1/1974 Article 39 provides that divorce can take place only before a court hearing after the court has failed to reconcile the couple. For Muslims:

• Cerai talak (husband's talaq) — the husband applies to the Religious Court for permission to pronounce talaq before the court.
• Cerai gugat (wife-initiated divorce) — the wife files a divorce suit (including khulʿ, or for breach of the taʿliq talaq).
• The grounds for divorce are set out in PP 9/1975 Article 19 and KHI Article 116, including persistent discord, desertion for two years, cruelty and breach of the taʿliq.

A talaq outside court is not registered and does not change official status. After the judgment, the parties receive an akta cerai (divorce certificate); the rights to ʿiddah maintenance, mutʿah (consolatory gift), child maintenance and custody (hadhanah) are decided in the same or a separate case.

7Statistics

Official figures show that polygyny going through the courts is small and declining. The Badilag data below are polygyny permission cases filed (registered) with the Pengadilan Agama/Mahkamah Syar'iyah, not the number approved. Unrecorded polygyny (nikah siri) is not reflected in these figures.

8Religious authorities & courts

9Key points for foreigners / Malaysians

• Two systems at once. Malaysians who marry in Indonesia are subject to Indonesian law for the marriage contract there and to state Islamic family law in Malaysia for recognition at home.
• Polygyny. A married Malaysian husband needs the permission of a Malaysian Syariah Court; a polygynous marriage in Indonesia without that permission is still an offence in Malaysia.
• Documents. The KUA usually asks for a letter confirming status/permission to marry from the authorities of the home country, arranged through the Malaysian Embassy in Jakarta or the relevant Malaysian consulate in Indonesia.
• Re-register in Malaysia. A marriage abroad must be registered with the state religious affairs office or a Malaysian mission within the period set by the enactment (to be verified with the state religious affairs office).
• Avoid syndicates. Offers of a "quick marriage" across the border without KUA recording or Malaysian court permission mean the marriage cannot be registered and harm the rights of the wife and children.

For Muslim Malaysians, state Islamic family law (for example the Islamic Family Law (Federal Territories) Act 1984 [Act 303] s.23 and equivalent state enactments) requires the written permission of the Syariah Court before a husband marries again. This requirement applies even if the marriage contract is concluded abroad. Marrying again without permission is an offence under the state enactments.

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