YOGYAKARTA - At the beginning of 2026, the government officially enacted a number of new rules contained in Law Number 1 of 2023 or also known as the new Criminal Code (KUHP). One of the interesting things about the new KUHP is the imposition of a penalty for cohabitation alias kumpul kebo. Then can kumpul kebo be imprisoned according to the KUHP?

Can Kumpul Kebo Be Jailed?

Quoted from the official website of the Supreme Court (MA), cohabitation regulated in the new Criminal Code is not identical to adultery (overspel). Cohabitation itself refers to an act in the form of living together as husband and wife but is carried out outside the bonds of state marriage. The community calls this action with kumpul kebo.

Then regarding the new KHUP, the articles that regulate the imprisonment of cohabitation are in Articles 411 and 412. In Article 411, it is regulated about the crime of fornication, while 412 is regulated regarding cohabitation without a valid marriage bond alias kumpul kebo.

In the latest article 412 paragraph (1) of the Criminal Code, it is stated that anyone who lives together without a marriage bond can be imprisoned for a maximum of six months or a fine of category II, namely a maximum of Rp. 10 million.

"Every person who lives together as husband and wife outside of marriage is sentenced to a maximum of 6 (six) months in prison or a maximum fine of category II", reads article 412 paragraph (1) of the latest Criminal Code.

However, the criminal threat of cohabitation in Article 412 includes a complaint offense. This means that the action can only be investigated and prosecuted if there is an official complaint from a certain person, where the complainant is the person affected or the victim. If the complaint comes from the victim or the party affected by the gathering of the people, only then can it be processed. The people who can complain about the case of gathering of the people are as follows.

The husband or wife who is not married to the cohabiting party Parents or children of the party who is not married

Even though it has been passed, the article related to kumpul kebo has been controversial. Many parties consider that the state regulates too much the private space of its citizens, even though the case of cohesion is a complaint offense.

From the explanation above it can be concluded that whether kumpul kebo can be imprisoned, the answer is yes, if there is a report from the party who meets the criteria as a complainant in the case of cohesion as regulated in the latest Criminal Code. Visit VOI.id for other interesting information.


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