This research aims to analyze the regulation of cohabitation as stipulated in Article
412 of Law Number 1 of 2023 concerning the Indonesian Criminal Code and to
examine the potential overcriminalization arising from the ambiguity of the element
“living together as husband and wife” within the provision. Cohabitation, which
was not previously classified as a criminal offense under the former Criminal Code,
is now criminalized as a complaint-based offense, generating debate regarding the
limits of state intervention in private life and societal morality. This study employs
a normative juridical method using statutory and conceptual approaches through
literature review of primary and secondary legal materials analyzed qualitatively.
The findings indicate that the formulation of Article 412 remains broad and open
to multiple interpretations, potentially conflicting with the principle of legality,
particularly the lex certa requirement, and creating risks of excessive use of
criminal law. Therefore, clearer and more precise legal drafting is necessary to
ensure legal certainty and proportionality in criminalization policy