Indonesia Implements New Criminal Code Criminalizing Cohabitation

Legal Implications of the New Law

Indonesia's newly enacted Criminal Code (KUHP), effective January 2, 2026, introduces significant legal changes regarding personal relationships. The law now criminalizes living together as husband and wife without being married, commonly known as 'kumpul kebo' or cohabitation. This change marks a departure from previous legislation where such behavior was not explicitly penalized.

Penalties and Legal Consequences

Under the new KUHP, specifically Article 412, individuals engaging in cohabitation outside marriage face potential penalties of up to 6 months imprisonment or a fine categorized under category II, which translates to a maximum of Rp 10 million. Legal expert Abdul Fickar Hadjar from Universitas Trisakti confirms that this new provision directly targets unmarried couples living together.

Social and Legal Context

The implementation of this law reflects evolving legal perspectives on personal relationships in Indonesia. While proponents may argue it upholds traditional values, critics might view it as an infringement on personal freedoms. The law's enforcement will likely have various social implications, particularly concerning changing societal norms and individual rights.

Key Provisions and Effective Date

1. Effective Date: January 2, 2026
2. Legal Basis: Article 412 of the new KUHP
3. Maximum Penalty: 6 months imprisonment or Rp 10 million fine
4. Legal Category: Category II fine

The new legislation represents a significant development in Indonesia's legal framework regarding personal relationships and social conduct. Its implementation will be closely monitored for its impact on societal norms and legal practices.