ANALISIS YURIDIS TINDAK PIDANA KOHABITASI DALAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA DITINJAU DARI PRINSIP LEX SCRIPTA

The regulation of the criminal offense of cohabitation in Article 412 of Law Number 1 of 2023 concerning the Criminal Code raises issues of normative ambiguity and public debate, as it has the potential to trigger the emergence of new or subsequent criminal acts. This study aims to analyze the regulation of the criminal offense of cohabitation from the perspective of the principle of lex scripta and to examine its conformity with the principle of lex certa. The research method employed is normative juridical research, utilizing a literature study
approach through books, legislation, journals, and other written sources. The results of the study indicate that the regulation of the criminal offense of cohabitation in Article 412 of the
Criminal Code has fulfilled the principle of lex scripta, as all elements and legal mechanisms are formulated in written law within a valid statute. Furthermore, from the perspective of
criminalization theory, this regulation represents the result of considerations of social and moral values within society, thereby possessing juridical and sociological legitimacy in the
national criminal law system. However, the provision does not fully satisfy the principle of lex certa, due to the ambiguity of the element “living together as husband and wife outside a lawful marriage,” the absence of clear and definitive boundaries, as well as the issue of complaint based offenses (delik aduan), which may create difficulties in evidentiary processes. The conclusion of this study is that the regulation of the criminal offense of cohabitation in Article
412 of the Criminal Code has not fully met the principle of lex certa. Therefore, it is recommended that legislators provide a clearer formulation regarding the indicators of cohabitation behavior in order to enhance legal certainty, and to prevent differing interpretations in law enforcement practices.