Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Criminalization of Cohabitation in the Perspective of Criminal Law Reform

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326261,
        author={Mikhael  Feka and Adji  Samekto and Umi  Rozah},
        title={Criminalization of Cohabitation in the Perspective of Criminal Law Reform},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={criminalization cohabiting living law},
        doi={10.4108/eai.27-7-2022.2326261}
    }
    
  • Mikhael Feka
    Adji Samekto
    Umi Rozah
    Year: 2023
    Criminalization of Cohabitation in the Perspective of Criminal Law Reform
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326261
Mikhael Feka1,*, Adji Samekto2, Umi Rozah2
  • 1: Universitas Katolik Widya Mandira
  • 2: Universitas Diponegoro
*Contact email: mikhaelfeka09@gmail.com

Abstract

In order to effectively discourse criminal law in Indonesia, the criminalization of cohabitation in the RKUHP must take into consideration the diversity of customs or laws that exist in a society; hence the criminalization of an act does not conflict with the will of the community and the objectives of legal development. Further to that, criminalization must contemplate cost-benefit analysis, results, and the princi-ple of ultimum remedium in order to obtain public support. That is related to living together or in the bills of the criminal code it is called by the term everyone who stay in the same accomodation, act as a husband and wife without any official civil relation should only be left to the indigenous peoples in their respective regions. Moreover, Article 2 Paragraph (1) of the RKUHP already regulates the existance of the source of law that lives amongst the society. Indeed, in the RKUHP Article 2 Paragraph (2) regulates the conditions for the enactment of a law that lives in society as well, however, the criteria is still questionable. Therefore, the punishment for (liv-ing together) should be referred to as customary law in each region due to the fact that customary marriages are as well recognized by indigenous peoples.