New Criminal Code Effective January 2 2026, These are the Facts and Legal Rules that Need to be Understood Regarding the Cohabitation Article

POSKOTA.CO.ID – The government officially enforces the National Criminal Code (KUHP) starting Friday, January 2 2026.

The enactment of Law Number 1 of 2023 marks the end of the use of the Dutch colonial Criminal Code as well as being an important milestone in Indonesian criminal law reform.

As the new Criminal Code begins to be implemented, a number of articles are in the public spotlight. One of them is the provision regarding cohabitation or living together without a legal marriage bond which is often referred to as the “cohabitation” article. This rule is stated in Article 412 of the Criminal Code in the Adultery Chapter.

Even though it regulates the private sphere, the state emphasizes that it will not enter too deeply into citizens’ private lives. This is proven by the implementation of a strict complaint offense mechanism to protect people’s privacy rights.

Read Also: New Criminal Code Effective January 2 2026, These Are the Limits of Criticism and Insults That Need to be Understood

Definition of Cohabitation in Article 412 of the Criminal Code

Article 412 of the Criminal Code regulates the act of living together as husband and wife outside of legal marriage. In this article it is emphasized that cohabitation can be subject to criminal sanctions.

The provisions state, “Everyone who lives together as husband and wife outside of marriage shall be punished with a maximum imprisonment of six months or a maximum fine of category II.”

Meanwhile, category II fines as regulated in Article 79 of Law Number 1 of 2023 have a maximum value of IDR 10 million.

Including the Absolute Complaint Offense

The cohabitation article cannot immediately be processed by law enforcement officials. This provision is categorized as an absolute complaint offense, so that the legal process can only take place if there is an official report from the directly injured party.

Without a complaint, law enforcement officials do not have the authority to carry out investigations or take action.

Read Also: Implementation of the New Criminal Code and Criminal Procedure Code Starting Today, January 2 2026: National Police Updates Investigation Format

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