Cohabitation in Boarding Houses: A Case Study of Raids on Unmarried Couples under Indonesia’s 2023 Criminal Code and Islamic Law

Abstract

Cohabitation, or living together without marriage, remains a contested issue in Indonesia, particularly in boarding-house settings where personal relationships may come into conflict with prevailing social and religious norms. This study examines a reported case in which a couple living together without a marital bond was raided by local residents, focusing on how the incident may be understood under Indonesian criminal law and Islamic law. Using normative legal research with statutory and case approaches, the study draws on relevant legislation, the Compilation of Islamic Law, scholarly publications, and news reports. The analysis shows that public disapproval and a community raid do not, on their own, establish criminal liability. Under Article 412 of Law No. 1 of 2023 on the Criminal Code, cohabitation is a complaint-based offense, meaning that legal proceedings must meet the complaint requirements prescribed by law. Its application must also take account of when the conduct occurred and when the law came into force. From the perspective of Islamic law, Qur’an 17:32 and the Compilation of Islamic Law affirm the importance of marriage as the basis of a recognized marital relationship. Nevertheless, living in the same room without marriage does not, by itself, establish that zina has occurred. The study concludes that cohabitation should be examined by distinguishing social responses and religious norms from the legal requirements for criminal liability, while respecting legal certainty and individual dignity.