SYARAT INFERTILITAS DALAM KETENTUAN POLIGAMI BAGI ASN: KAJIAN TERHADAP PRINSIP DAN NILAI DALAM KETENTUAN PERGUB DKI JAKARTA NO. 2 TAHUN 2025

Robiatul Adawiyah, NIM.: 24203011080 (2026) SYARAT INFERTILITAS DALAM KETENTUAN POLIGAMI BAGI ASN: KAJIAN TERHADAP PRINSIP DAN NILAI DALAM KETENTUAN PERGUB DKI JAKARTA NO. 2 TAHUN 2025. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

	Text (SYARAT INFERTILITAS DALAM KETENTUAN POLIGAMI BAGI ASN: KAJIAN TERHADAP PRINSIP DAN NILAI DALAM KETENTUAN PERGUB DKI JAKARTA NO. 2 TAHUN 2025) 24203011080_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (13MB)
	Text (SYARAT INFERTILITAS DALAM KETENTUAN POLIGAMI BAGI ASN: KAJIAN TERHADAP PRINSIP DAN NILAI DALAM KETENTUAN PERGUB DKI JAKARTA NO. 2 TAHUN 2025) 24203011080_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (16MB) | Request a copy

Abstract

Polygamy is a form of marriage regulated by Indonesian legislation, namely the Compilation of Islamic Law (KHI) and Law No. 1 of 1974 on Marriage. In addition to the KHI and Law No. 1 of 1974 on Marriage, there are other legal provisions that specifically govern civil servants and public officials. Civil servants and public officials are subject to the KHI and Law No. 1 of 1974 on Marriage, but also to Government Regulation No. 45 of 1990 amending Government Regulation No. 10 of 1983. Recently, numerous local regulations have been issued, including one relating to polygamy, aimed at restricting the practice of polygamy amongst civil servants and public officials. As the provisions relating to infertility as s ground for polygamy have been narrowed, as set out in Jakarta Special Capital Region Governor’s Regulation No. 2 of 2025 on Procedures for Granting Marriage and Divorce Licences, which states that ‘the wife is unable to bear children after 10 (ten) years of marriage’ as a ground for polygamy, whereas the KHI and No. 1 of 1974 on Marriage merely states that “the wife is unable to bear children”. This study aims to answer the question of why the DKI Jakarta government issued DKI Jakarta Governor Regulation No. 2 of 2025 concerning the regulation of the practice of polygamy for civil servants, and to what extent the provision restricting the duration of marriage on the grounds of a wife’s inability to bear children deviates from the provisions of the Marriage Act and the Islamic Family Law (KHI), and the principles and values contained therein. This study employs a juridical normative approach. Using this approach, the study examines legislation and assesses the conformity of Jakarta Governor Regulation No. 2 of 2025 within the context of the special provision set forth in Article 57 of the KHI. The data for this study are based on primary legal sources, namely: Law No. 1 of 1974 on Marriage, the KHI, and Government Regulation No. 45 of 1990 amending Government Regulation No. 10 of 1983, supplemented by interviews as secondary data. The theories used in this study are the Ḥifẓul Usrah theory, Abdul Manan’s theory of Islamic legal reform, and the theory of continuity. This study found that, first, Jakarta Governor Regulation No. 2 of 2025 was issued to provide clear standards for limiting the practice of polygamy within the Jakarta bureaucracy so that the granting of permits is more tightly controlled. Second, from the perspective of the theory of continuity, the restriction that infertility can only be used as a justification for polygamy after ten years of marriage represents a tightening of administrative requirements compared to previous regulations. Third, from the perspective of the theory of ḥifẓ usrah, this provision allows couples time to pursue medical treatment, strengthen their marital bond, and avoid making a decision to practice polygamy without careful consideration.

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