Entering Private Rights, Adultery and Kumpul Kebo in the New Criminal Code is a Complaint Crime

Illustration of marriage (VOI)

JAKARTA - The Minister of Law (Menkum) Supratman Andi Agtas emphasized that the provisions regarding adultery and kumpul kebo in the Criminal Code (KUHP) are only delicts. This means that law enforcement against these two acts can only be carried out if there is a report from the party who feels harmed.

Supratman explained that although adultery and kumpul kebo are acts that have criminal implications because they are carried out outside the marriage bond, the state does not immediately take action without a complaint.

"Adultery committed by one of them is already married, there is a marriage relationship. However, in the new Criminal Code there is also one related to children who must be protected (his status is unmarried alias kumpul kebo)," said Supratman in his statement, Wednesday, January 7.

According to Supratman, the mechanism for this complaint delict is designed to maintain a balance between moral protection, the private rights of citizens, and the principle of caution in the enforcement of criminal law.

In the case of adultery, the party entitled to file a report is the husband or wife who feels harmed. Meanwhile, in the case of kumpul kebo, the right to complain is in the hands of the parents of the child concerned.

"So, the only person who can complain is the child's parents," said Supratman.

He also admitted that the discussion of these articles had triggered a long and dynamic debate in parliament. The debate, said Supratman, is closely related to the issue of morality, family protection, and the limits of state authority in regulating the private lives of citizens.

"So, this is the debate at the time of discussion in the DPR together with the government is very dynamic. This is a debate about morality. Finally, a compromise like this was born and the essence is not changing from the old Criminal Code," he concluded.

In the new Criminal Code, the provision regarding adultery is regulated in Article 411. The article states, "Anyone who has sexual intercourse with a person who is not his or her husband or wife shall be punished for adultery with a maximum imprisonment of 1 year or a maximum fine of category II."

Meanwhile, Article 412 regulates the gathering of people with the sound, "Everyone who lives together as husband and wife outside of marriage is sentenced to a maximum of 6 months in prison or a maximum fine of category II."

The fine for Category II, as stipulated in Article 79 of the Criminal Code, has been set at a maximum of IDR 10 million. The government emphasized that this arrangement is an effort to bring legal certainty as well as proportional protection for citizens.