%0 Thesis
%9 Skripsi
%A Mokhammad Zulfikar Karim, NIM.: 22103060061
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2026
%F digilib:77953
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Kohabitasi, Khalwat, KUHP, Qanun Aceh
%P 145
%T DUALI SME KRIMINALI S AS I KESUS I LAAN DI INDONE S IA: ANALISIS PERBANDINGAN PASAL 412 UU No. 1/2023 KOHABITASI DAN PASAL 23 QANUN ACEH No. 6/2014 TENTANG KHALWAT
%U https://digilib.uin-suka.ac.id/id/eprint/77953/
%X The phenomenon of cohabitation in Indonesia reflects changes in patterns  of social relations influenced by the development of modern culture, globalization,  and shifting moral values within society. The practice of living together without a  legally recognized marriage bond not only raises moral and social issues, but also  gives rise to differences in legal approaches within the Indonesian legal system.  These differences can be seen in Article 412 of Law Number 1 of 2023, which  regulates cohabitation as a complaint-based offense, and Article 23 of Aceh Qanun  Number 6 of 2014 concerning Jinayat Law, which regulates khalwat as a jarimah  that may be directly prosecuted by sharia law enforcement officers. This study aims  to analyze the comparison of juridical structures, criminal elements, law  enforcement mechanisms, and the authority of law enforcement officials in  addressing cohabitation and khalwat based on Satjipto Rahardjo’s theory of  comparative law.  This study employs a qualitative research method using a normative  juridical approach and library research. The nature of this research is descriptive,  analytical, and comparative. Primary data sources were obtained from Article 412  of Law Number 1 of 2023 and Article 23 of Aceh Qanun Number 6 of 2014, while  secondary data were obtained from books, journals, articles, and relevant scholarly  works. Data collection techniques were conducted through library research and  analyzed using comparative law theory.  The results of this study indicate that a comparison of Article 412 of Law  No. 1 of 2023 on cohabitation and Article 23 of the Aceh Qanun No. 6 of 2014 on  khalwat reveals a dualism in the criminalization of immoral acts within the  Indonesian legal system, influenced by differences in legal structure, social values,  and the orientation of norm-setting. At the level of normative construction, a clear  distinction is evident: cohabitation under the national Criminal Code is framed as  an absolute complaint-based offense aimed at protecting the private sphere and  limiting state intervention, whereas khalwat under the Aceh Qanun is constructed  as a public offense based on Islamic sharia law, featuring more active, preventive,  and extensive enforcement mechanisms. From the perspective of comparative law  theory as a means of social control, as proposed by Satjipto Rahardjo, both  provisions serve to maintain social order and morality through criminal law  instruments and the involvement of law enforcement officials. From the perspective  of comparative law theory, this difference indicates that the criminalization of  immorality in the Indonesian legal system is not uniform but manifests in two  distinct approaches that reflect a dualism within positive law.
%Z Surur Roiqoh, M.H.