<![CDATA[This study is motivated by the criminalization of cohabitation under Article 412 of the National Criminal Code as a form of criminal law reform intended to address the regulatory gap concerning living together as husband and wife outside marriage. This formulation still raises several issues, including normative conflicts, ambiguity of meaning, and incompleteness of the norm, particularly regarding the definition of living together as husband and wife, the status of marriages that are religiously valid but unregistered, the complaint mechanism, and the ability of the provision to anticipate developments in social relations. This study aims to analyze the construction of Article 412 of the National Criminal Code, identify its normative conflicts with the principles of Islamic Criminal Law, and assess its implications for legal certainty and maqāṣid al-sharī‘ah. The study employs a normative juridical method using statutory, c This study is motivated by the criminalization of cohabitation under Article 412 of the National Criminal Code as a form of criminal law reform intended to address the regulatory gap concerning living together as husband and wife outside marriage. This formulation still raises several issues, including normative conflicts, ambiguity of meaning, and incompleteness of the norm, particularly regarding the definition of living together as husband and wife, the status of marriages that are religiously valid but unregistered, the complaint mechanism, and the ability of the provision to anticipate developments in social relations. This study aims to analyze the construction of Article 412 of the National Criminal Code, identify its normative conflicts with the principles of Islamic Criminal Law, and assess its implications for legal certainty and maqāṣid al-sharī‘ah. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through an analysis of primary and secondary legal materials. The findings show that cohabitation under Article 412 of the National Criminal Code cannot be immediately equated with the jarimah of zina, because zina requires sexual intercourse (dukhul) and specific evidentiary standards, whereas cohabitation is based on the condition of living together outside marriage. Acts that do not fulfill the elements of zina are more appropriately analyzed within the domain of ta‘zir. Normative conflicts are particularly evident in the construction of the elements of the offense, marital status, complaint mechanisms, and evidentiary standards. Therefore, the reconstruction of Article 412 is necessary to clarify the elements of the offense, strengthen legal protection, and align the provision with hifẓ al-nasl and hifẓ al-‘ird. onceptual, and comparative approaches through an analysis of primary and secondary legal materials. The findings show that cohabitation under Article 412 of the National Criminal Code cannot be immediately equated with the jarimah of zina, because zina requires sexual intercourse (dukhul) and specific evidentiary standards, whereas cohabitation is based on the condition of living together outside marriage. Acts that do not fulfill the elements of zina are more appropriately analyzed within the domain of ta‘zir. Normative conflicts are particularly evident in the construction of the elements of the offense, marital status, complaint mechanisms, and evidentiary standards. Therefore, the reconstruction of Article 412 is necessary to clarify the elements of the offense, strengthen legal protection, and align the provision with hifẓ al-nasl and hifẓ al-‘ird.]]>
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