TINJAUAN YURIDIS TENTANG KRIMINALISASI PERBUATAN MELAKUKAN HIDUP BERSAMA SEBAGAI SUAMI ISTRI DI LUAR PERKAWINAN

Abstract

In Law Number 1 of 1946, cohabitation was not specifically regulated, but only adultery was addressed in Article 284 of the 1946 Penal Code. Therefore, the government enacted Law Number 1 of 2023, which for the first time criminalized cohabitation in Article 412 of the 2023 Penal Code. The government did this because cohabitation is considered to violate the values and norms present in Indonesian society. For this reason, this research is conducted with the formulation of the problem as follows: (1) What is the basis for the consideration of criminalizing the act of living together as husband and wife outside of marriage? (2) What are the elements of the crime of living together as husband and wife outside of marriage in the revision of the Criminal Code (KUHP)? The research method uses a normative juridical type of research, with an approach that includes a legislative approach. The data sources consist of secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques involve document studies, and the data are analyzed qualitatively. The results of this research (1) the basis for criminalizing cohabitation is because this act violates the norms and values present in society. (2) The element of Article 412 states that cohabitation offenders will be subject to imprisonment or fines according to the provisions, provided there is a complaint from the entitled party.