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All Journal UNTAG Law Review
Mulyaningsih, Eli
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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Comparative Analysis of the Crime of Cohabitation in the New Criminal Code and Islamic Criminal Law Saidah, Siti Nur; Mulyaningsih, Eli; Dillah, Muhammad Arya
UNTAG Law Review Vol 9, No 2 (2025): UNTAG Law Review
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i2.7085

Abstract

The amendment to the Criminal Code through Law Number 1 of 2023 includes cohabitation as a new criminal offense in Article 412, which was not previously regulated in the old Criminal Code. This criminalization emerged as an effort to align the law with the social, religious, and moral values of Indonesian society. This study uses a legal-normative method with a qualitative approach, is descriptive-analytical in nature, and uses secondary data through a literature review. In Islamic criminal law, cohabitation is considered an act that is close to adultery, as it violates the prohibition against committing such a vile act. Several opinions from scholars and studies state that cohabitation can be categorized as jarimah zina if sexual relations are proven, and is subject to hadd punishment; however, if not proven, the perpetrator can only be subject to ta'zir. The results of the analysis show that the regulation of cohabitation in the new Criminal Code is not yet fully in line with the principles of Islamic criminal law, especially in terms of evidence and types of punishment.
Co-Authors Dillah, Muhammad Arya SITI NUR SAIDAH