ANALISIS YURIDIS KEKABURAN NORMA DALAM FRASA “HIDUP BERSAMA SEBAGAI SUAMI ISTRI” DALAM PASAL 412 KUHP NASIONAL

Syahpandang, Sabrina Maharani (2026) ANALISIS YURIDIS KEKABURAN NORMA DALAM FRASA “HIDUP BERSAMA SEBAGAI SUAMI ISTRI” DALAM PASAL 412 KUHP NASIONAL. Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.

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Abstract

ABSTRACT: This study aims to identify and analyze the parameters for interpreting the phrase “living together as husband and wife” in Article 412 of the Indonesian National Criminal Code (KUHP Nasional) and to examine the relevance of cohabitation regulations in various countries to the formulation of a clearer Article 412 of the National Criminal Code. This research employs a normative juridical (doctrinal) approach, as its analysis focuses on written legal norms governing cohabitation under the National Criminal Code and compares them with corresponding regulations in other countries. The findings indicate that the conceptual parameters for interpreting the ambiguity of the phrase “living together as husband and wife” in Article 412 of the National Criminal Code consist of six objective indicators synthesized from various sources, namely: (a) residing in the same household for a certain period of time; (b) the existence of a sexual relationship; (c) joint financial management; (d) the division of domestic roles comparable to those of a married couple; (e) social recognition by the surrounding community as husband and wife; and (f) the stability and continuity of the relationship over the long term. These indicators are cumulative in nature, meaning that proving only one or two indicators is insufficient. Instead, adequate evidence must establish the existence of most of these indicators in order to prevent unfair criminalization of couples who merely share a residence for economic or educational reasons. These parameters are also consistent with the principles of legal certainty and lex certa, as they provide clear, measurable, and objective guidance for the public, law enforcement officials, and judges in determining whether an act fulfills the constituent elements of the criminal offense of cohabitation. By establishing these conceptual parameters, the ambiguity surrounding the phrase “living together as husband and wife” can be resolved, thereby ensuring that Article 412 of the National Criminal Code no longer gives rise to multiple interpretations, disparities in law enforcement, evidentiary difficulties, or legal uncertainty within society. Keywords: Comparative Law and Cohabitation Regulation

Item Type:

Thesis (Undergraduate)

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