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 KHALWATNIM.: 22103060061Mokhammad Zulfikar KarimauthorThe 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.340.2 Hukum Perbandingan2026-06-12UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARI’AH DAN HUKUMThesis