TINJAUAN HUKUM PAKTIK PERKAWINAN POLIGAMI APARATUR SIPIL NEGARA DI INDONESIA

Abstract

 The procedure for polygamy for State Civil Apparatus in Indonesia consists of 2 stages, for Civil Servants (PNS) namely submitting an application to obtain permission from the official where the applicant for polygamy works then with the approval of permission to carry out polygamy from the official according to the hierarchy. Then the applicant submits an application to the Religious Court or District Court at the Applicant's domicile accompanied by the specified requirements such as alternative requirements (reasons for submitting an application to have more than one wife) and cumulative requirements (written permission from the wife/wives, pay slip or income tax certificate, and a guarantee that the husband will be fair to his wives and children as evidenced by a written statement/guarantee letter from the applicant that he will be fair to his wives and children). Meanwhile, for Government Employees with a Work Agreement (PPPK) they can directly submit an application to the Religious Court or District Court which begins with submitting an application containing alternative requirements and accompanied by cumulative requirements. The sanctions that can be given to state civil servants who practice polygamy by violating the applicable rules will be subject to one of the sanctions in the form of alternative severe disciplinary punishments, namely: Demotion to a lower rank for 3 (three) years, Transfer in the context of a lower position, Release from office, Dismissal from office, Dismissal with honor not at one's own request as a civil servant and/or Dismissal without honor as a civil servant and can be subject to criminal penalties based on the provisions of Article 279 of the Criminal Code. Meanwhile, for ASN who work as PPPK, they can only be subject to sanctions as stipulated in Article 279 of the Criminal Code and based on a court decision that has permanent legal force, the PPPK can be followed up with sanctions for dismissal.

Keywords: Polygamy, Procedures and Sanctions