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Law No. 1/1974 on Marital Affairs
The Jakarta Post , Jakarta | Mon, 12/11/2006 1:36 PM
Article 3
(1) Principally, in a marriage a man can only have one wife, and a woman can only have one husband.
(2) The court may grant permission for a husband to have more than one wife if it is the wish of the involved parties.
Article 4
(1) When a husband plans to take more than one wife as stipulated in Article 3 (2) of the law, he must obtain a permit from the local court.
(2) The court stipulated in Point (1) of this article shall grant a permit to a husband who is to take more than one wife only if:
a. The wife cannot carry out her duty;
b. The wife is an invalid or suffers from an incurable disease;
c. The wife is infertile.
Article 5
(1) To be able to obtain the court permit as stipulated in Article 4 (1) of the law, the following are the requirements:
a. Approval from the wife/wives;
b. A guarantee that the husband can provide for the livelihood of his wives and their children;
c. A guarantee that the husband will treat his wives and children justly.
(2) The approval stipulated in Article 5 (1)a is not needed if the wife/wives cannot be asked for approval or cannot be involved in an agreement, or if there is no news from the wife for at least two years, or because of other reasons subject to be reviewed by the judge in court.
--JP
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Tom Setiawan (not verified) — Sun, 06/29/2008 - 11:31pm
Where is the equality of this law ?
This law only allows the husband to take more than one wife but not the wife who may wants to have the children but her husband is infertile or she may be ignored for years and she wants to have another man to care for her or she may have a profession which allow her to support 'new' household arrangement with more than one husband ?
This law is still a 'man' made law, a law made by man and for man's sake.
By adding the provision to make it equal to woman, although it may not be used or be used rarely, this law will show that Indonesia is a step forward, reflect and evolved with the progress of time.