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Indonesian New Law for Unmarried Couples

Fatimatul Zahra
10:10, 8 Dec 2022

On the 6th of December 2022, the parliament in Indonesia signed off on significant revisions to The latest draft Criminal Code (RKUHP) contains criminal penalties for couples living together outside of marriage. The RKUHP is contained in Article 416 concerning adultery and cohabitation.

According to an article written in RKUHP, “Anyone who lives together as husband and wife outside of marriage shall be punished with a maximum imprisonment of 6 months or a maximum fine of category II”.

Continuing from the previous article, Article 415, the content deals with unmarried cohabitation. Article 415 of the RKUHP reads, “Anyone who has sexual intercourse with someone other than a husband or wife shall be punished with imprisonment of up to one year or a fine for adultery”.

Thus, this RKUHP received controversy and protests from various parties. Especially the Hoteliers.

Also Read: Premarital Sex in Indonesia Could Be Imprisoned from 1 Year

How Does The New Law Work?

Premarital and Extramarital sex has been illegal in Indonesia for decades. This law is largely unenforced in Bali and other liberal parts of Indonesia.

The law states that only people close to the couple can call the police. In this context, only people whose relationship can report cohabitation or premarital sex to the police. For extramarital affairs such as parent, child, or spouse.

The most likely situation is for a foreigner to connect, develop relationships, and live together with an Indonesian. If a close relative, such as a parent or sibling, objects to the couple and calls the police, an investigation may be initiated and may be prosecuted.

The spokesperson for the RKUHP Socialization Team, Albert Aries, explained that for the crime of adultery, according to Article 415 paragraph 2 of the RKUHP, complaints can only be made by parties who have legal standing, namely.

(a) Husband or wife for people who are bound by marriage.

(b) Parents or children of the person not bound by marriage.

Parties other than the family have no legal right to make complaints.

“Third parties beyond points (a) and (b) above have no legal rights to make complaints,” he continued.

Then, if it relates to a raid, it must have a legal basis. The raid must still be based, such as a complaint from the aggrieved party according to Article 415 (2) of the RKUHP.

However, because of the type of complaint offense, the complaint could be withdrawn as long as the trial has not yet started.

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