Indonesian Officials Frequently Remarrying, President Intervenes to Create New Regulations

In early August 1973, Indonesian President Soeharto took a bold step. Amidst widespread practices of polygamy and divorce, including among state officials, the government pushed for new regulations to tighten marriage provisions. This move became the milestone for the creation of Law Number 1 of 1974 concerning Marriage.

This effort arose because polygamy at the time was under intense scrutiny. The government believed that new rules were necessary to provide greater protection for women while maintaining family integrity. Soeharto was not alone in addressing this concern; he was supported by his wife, Siti Hartinah, also known as Ibu Tien Soehata, who also disapproved of polygamy. As noted by O.G. Roeder in ‘Anak Desa: Biography of President Soeharto’ (1976), having accompanied Soeharto throughout his military career, Tien forbade her husband from practicing polygamy and urged all loyal soldiers to do the same.

For her, men marrying more than one woman often led to injustice within the household. The vulnerability of women’s positions due to such practices prompted Tien to fight for the protection of women’s rights. On this basis, Tien supported Soeharto in his serious pursuit to pass the Marriage Law. This was particularly significant during the early New Order era, when many military elites and ministers had multiple wives.

The Marriage Law itself was a legal product that took a long time to be passed by the House of Representatives (DPR) due to intense debate and frequent deadlocks. Consequently, Ibu Tien collaborated with leaders of women’s organisations to advocate for the law’s enactment.

The struggle actually began in the late 1960s when the Marriage Bill (RUU) was first introduced. However, discussions were extremely difficult, sparking long debates and repeated stalemates in the DPR. Nevertheless, the First Lady remained adamant that it must be completed. In her autobiography, ‘Siti Hartinah: Ibu Utama Indonesia’ (1992), Tien reaffirmed that this law was created to ensure better protection for women. Ultimately, Soeharto personally approached the DPR to propose the regulation.

“In building a happy family, it is essential to make a sincere effort to establish marriage as a sacred bond between husband and wife in its proper position. Therefore, the state should provide appropriate protection to husbands or wives against objectives that deviate from marital harmony,” Soeharto stated.

Finally, six months later, Indonesia established its marriage regulations through Law Number 1 of 1974. This regulation affirmed that, in principle, a man may only have one wife and a woman may only have one husband. With the signing of this law, the government hoped to suppress marriage practices deemed harmful to women.

Furthermore, the government implemented specific additional regulations for officials and Civil Servants (PNS) through Government Regulation (PP) Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants. It strictly prohibited husbands from marrying again and mandated that any divorce must undergo a rigorous permit process. Violations could result in penalties ranging from delayed salary increases to dismissal. As a result of these regulations, many state officials and civil servants eventually ‘repented,’ returning to their first wives or choosing to divorce in order to remain with only one woman.