Medan, Formosa News — The regulation of cohabitation, or living together as husband and wife outside a legal marriage, under Law Number 1 of 2023 concerning the Criminal Code involves more than questions of morality and private life. A legal study by Febriansyah Mirza and Nursariani Simatupang from the Master of Law Program, Universitas Muhammadiyah Sumatera Utara, finds that the use of an absolute complaint offense can help limit state intervention while preventing communities from taking the law into their own hands. The article was received on June 24, 2026, revised on July 20, 2026, and accepted on August 24, 2026.
The issue of cohabitation has become increasingly complex because it involves legal, social, moral, religious, and cultural considerations. In Indonesian society, where marriage remains an important foundation of family life, living together outside marriage may trigger social reactions. However, the authors emphasize that any response to alleged violations must remain within the legal framework rather than being handled through unilateral actions by individuals or groups.
Complaint Requirements Limit Criminal Intervention
The study focuses on Article 412 of the Criminal Code, which regulates living together as husband and wife outside a valid marriage. Under this provision, the offense has the character of a complaint offense, meaning that criminal proceedings cannot automatically begin simply because members of the public know or suspect that cohabitation is taking place.
Only certain parties recognized by law have the legal standing to submit a complaint. This means that members of the public do not automatically have the authority to initiate criminal proceedings against people suspected of cohabitation.
According to Mirza and Simatupang, this limitation serves an important purpose. It controls the use of criminal law while also protecting individuals from excessive intervention in their private lives.
The complaint requirement effectively serves as a legal gateway before the state exercises its criminal enforcement powers. A suspicion of cohabitation alone does not automatically authorize law enforcement officials to initiate criminal proceedings without a legally valid complaint.
Why Is It Connected to Vigilante Action?
Another major concern examined by the authors is the potential for eigenrichting, or vigilante action. Allegations of cohabitation can trigger social responses ranging from public reprimands and eviction to intimidation, assault, and violence.
The study stresses that moral or social judgments do not give individuals or groups the authority to determine guilt and impose punishment themselves. Determining whether a criminal offense has actually occurred and whether a person is criminally responsible remains the responsibility of law enforcement institutions and the courts through legally established procedures.
From this perspective, the absolute complaint mechanism has two important functions: limiting state intervention in the private sphere and ensuring that alleged criminal conduct is resolved through legal institutions rather than unilateral punishment by the community.
How Does the Legal Process Work?
The study describes several stages in handling alleged cohabitation cases.
- Information about alleged cohabitation emerges. Such information does not automatically authorize law enforcement to take repressive action.
- The complaint is verified. Authorities must determine whether the complainant is legally entitled to submit a complaint.
- Law enforcement action begins after a valid complaint exists. Authorities then operate within their legal powers and criminal procedure.
- The case may proceed to prosecution when the investigation establishes sufficient grounds.
- The court evaluates the case based on evidence and legal elements, including the validity of the complaint that initiated the criminal process.
This process reflects the division of responsibilities among the police, prosecutors, and courts. The existence of a valid complaint serves as an important control point throughout the criminal justice process.
A Complaint Requirement Does Not Authorize Vigilante Action
The authors also identify a potential paradox. Because only certain parties can file a complaint, an alleged cohabitation case may not proceed criminally if no legally authorized person submits a complaint. This situation could be misunderstood by members of the public as permission to take direct action themselves.
Such an interpretation is dangerous. The study emphasizes that the absence of a valid complaint does not give the public the right to commit violence, intimidation, assault, or other unlawful acts against people suspected of cohabitation.
For this reason, the application of the absolute complaint mechanism must be accompanied by law enforcement against eigenrichting itself. Maintaining morality, public order, or social norms cannot automatically justify unlawful punishment.
In other words, when people believe that a legal violation has occurred, the appropriate response remains the use of lawful procedures—not punishment by the community.
Strengthening Legal Certainty
Mirza and Simatupang argue that legal certainty depends on clear rules regarding who has the right to submit a complaint, when criminal proceedings may begin, and how the legal process must be conducted. Clear boundaries protect not only the party filing the complaint but also individuals accused of committing an offense.
The study emphasizes that an absolute complaint offense does not automatically eliminate the possibility of vigilante action. Instead, it establishes a legal boundary confirming that the authority to assess, process, and impose criminal sanctions belongs to the criminal justice system.
Implications for Society and Law Enforcement
The findings carry an important message for the public: the existence of criminal provisions concerning cohabitation does not mean that everyone has the authority to punish people believed to have violated social or moral norms.
For law enforcement officials, consistent application of the complaint requirements is essential to prevent criminal authority from being exercised beyond legal limits. For society, stronger legal awareness is needed so that allegations of cohabitation do not escalate into violence, intimidation, or punishment without due process.
The authors recommend greater clarity and consistency in applying the absolute complaint provisions, particularly regarding who has the legal right to file a complaint and the limits of law enforcement authority. They also stress the importance of increasing public legal awareness that alleged cohabitation must be addressed through applicable legal mechanisms.
About the Authors
- Febriansyah Mirza- Universitas Muhammadiyah Sumatera Utara.
- Nursariani Simatupang- Universitas Muhammadiyah Sumatera Utara.
Research Source
Article Title: Juridical Study of the Application of Absolute Complaint Deliction in the Crime of Cohabitation as an Effort to Prevent Eigenrechtering (Self-Refereeing)
Authors: Febriansyah Mirza & Nursariani Simatupang
Affiliation: Master of Law Program, Universitas Muhammadiyah Sumatera Utara
Journal: Contemporary Journal of Applied Sciences (CJAS)
Volume: 4, Issue 8
Publication: August 2026
Pages: 861–876
DOI: 10.55927/cjas.v4i8.231
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