Jurnal Tana Mana
Vol 8 No 2 (2025): IJoASER (International Journal on Advanced Science, Education)

Legal Analysis of Cohabitation As a Complaint Offense in the National Criminal Code

Ilmi, Musfiratul (Unknown)
Jannah, Miftahul (Unknown)
Rahman, Mujibur (Unknown)



Article Info

Publish Date
11 Aug 2025

Abstract

This research aims to analyze the inclusion of cohabitation in the National Criminal Code (KUHP Nasional). The research method used is normative research which uses secondary data, such as legal rules, norms and expert opinions, as well as using a historical approach. This research does not only look at the reasons for including cohabitation but also discusses the regulation of cohabitation as a complaint offense delict (klacht delict). This research produces an important point that cohabitation is not something new in Indonesia but, long before it was regulated in the National Criminal Code, several regional regulations had previously regulated cohabitation. Apart from that, cohabitation is regulated in a limitative manner, that is, for people who are married, only the husband or wife can complain, and for those who are not married, only parents or children can complain, in this case cohabitation is a complaint offense delict. Thus, there needs to be a unified perception between Law Enforcement Officials including the police, so that in the future there will be no more random raids and the interests of each individual can be protected.

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Journal Info

Abbrev

IJoASER

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Court Journal contains themes that are generally related to issues of Islamic Law and Legal Studies both in Indonesia and throughout the world. The following are some themes that can be illustrated in the Court Journal article: Islamic law, Islamic Economic Law,Islamic Criminal Law, Marriage and ...