Hacking the Polyandry Taboo: The Struggle for Law, Tradition, and Human Rights in Indonesia

Abstract

This study aims to examine the legal challenges that affect the practice of polyandry in Indonesia and how traditional views influence the implementation of law and human rights. This study employs normative juridical legal research with a qualitative approach, collecting data through a literature review, legal document analysis, and qualitative interviews to gain a comprehensive understanding. The data were then analyzed thematically and comparatively. Some traditional views perceive polyandry as a form of gender equality, referring to Article 27, paragraph (1) of the Human Rights Law. This perspective has sparked public opinion suggesting that if men can have multiple wives, then women should also be allowed to have multiple husbands. However, this practice presents legal challenges, including non-compliance with existing laws, clashes between legal norms and traditional values, and resistance from patriarchal culture. These issues contribute to the broader debate on the intersection of gender equality, cultural norms, and legal frameworks. On one hand, traditional perspectives promote polyandry as individual autonomy and gender fairness in marriage. On the other hand, the state holds the authority to limit certain rights, especially in marriage practices deemed unconventional, such as polyandry, to prevent misuse of personal freedoms, protect women from potential harm, and ensure the clarity of lineage and family structure.