Tinjauan Yuridis terhadap Kohabitasi Berdasarkan Undang Undang Nomor 1 Tahun 2023 Tentang Kitab Undang Undang Hukum Pidana

Abstract

Cohabitation as a practice of living together between men and women without a legal marriage bond is an important issue in the reform of Indonesia's criminal law. This study aims to analyze the regulation of cohabitation as a complaint offense in Law Number 1 of 2023 concerning the Criminal Code (KUHP) and its implications for the protection of the moral values of the community and the limits of criminal law intervention on citizens' private spaces. The research method used is normative law with a statutory and conceptual approach, using primary, secondary, and tertiary legal materials that are analyzed juridically qualitatively. The results of the study show that Article 412 of the Criminal Code only formulates cohabitation as a criminal act with the character of an absolute complaint, which is intended to protect moral, religious, and marital values, while limiting state intervention in private life. However, this norm still raises juridical problems because it does not provide clear limits on the element of "living together as husband and wife outside of marriage", so it has the potential to cause multiple interpretations and legal uncertainty. Therefore, a clearer and proportionate interpretation is needed so that the application of cohabitation norms remains in line with the principles of legal certainty, justice, and the protection of human rights in the context of modern criminal law.