Panca Nugraha, Mataram – East Lombok Regency in West Nusa Tenggara (NTB) has issued a regulation (Perbup) requiring male civil servants to pay Rp 1 million (US$81) if they wish to marry a second wife, a move critics say is likely to increase divorce rates and trigger an uptick in cases of domestic violence.
The regulation was made based on Government Regulation (PP) No. 45/1990 on permission to get married and divorced for civil servants, which among other factors, regulates polygamy.
Article 4 of that regulation stipulates that civil servants seeking a second marriage must obtain written approval from their respective superiors and also requires them to provide an explanation.
The NTB branch of the Women's Legal Aid Foundation (LBH APIK) has reported a surge in complaints from women in response to Perbup No. 26/2014, which took effect in August 2014.
"There has been growing unease among the wives of civil servants because of the regulation. We have received many questions regarding the matter, especially from civil servants' wives who are afraid of having their husbands marry another woman," said Triyati, East Lombok representative for the NTB LBH APIK, on Tuesday.
Triyati added that many women had requested the NTB LBH APIK file an official complaint over fears that the new law would encourage polygamy among male civil servants. "The policy is also feared to potentially trigger increasing domestic violence and divorces."
Data at the LBH APIK revealed that polygamy was cited as the reason for divorce in 95 percent of all divorce cases filed in 2013 at the East Lombok religious court.
Separately, head of East Lombok regency administration's legal division, Lalu Dedi Kuswara, said that the Perbub did not solely regulate polygamy among civil servants.
The Perbup, he said, was issued to supplement taxes and retributions as generators of revenue. In addition to applying fees for polygamy requests and for filing for divorce, the new regulation imposes new levies upon some 100 activities.
"The law does not just regulate polygamy, but also other factors, including agriculture, horticulture and other sectors," he said. The levy, he added, would only be collected once all the required documents were prepared.
The Perbup also stipulates that a female civil servant is forbidden from marrying a man who already is already married to another woman.
Lalu said the levy was not imposed to encourage polygamy, but instead would have a deterrent effect on the practice. "For those criticizing the Perbup, why don't they ask for a revocation of the PP 45? Up to now, polygamy has been free of charge because the PP did not levy a fee," he said.
According to Lalu, the Perbup is still controlled by the PP 45, with the exception of the addition of a Rp 1 million levy. The same levy of Rp 1 million, he added, will regulate civil servants seeking divorce.
Previously, East Lombok Regent Mochamad Ali bin Dachlan said that the Perbup was a legal umbrella for the regency administration to boost the region's revenues outside taxes and retributions.
He said there were many potentials mentioned in the Perbup that were established to help rein in corruption practices. "I don't know why it is polygamy that has been put under the spotlight," he said.
Source: http://www.thejakartapost.com/news/2014/10/15/rp-1-million-regulate-polygamy-east-lombok.html