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Kumpul Kebo Sentenced to 6 Months in Prison!

Jakarta

The government submitted the final draft of the Draft Criminal Code to replace the Criminal Code inherited from the Dutch colonialists. Wamenkumham Edward Omar Sharif Hiariej or Eddy Hiariej is targeting the Draft Criminal Code (RKUHP) to be finalized in July 2022. There are rules regarding cohabitation.

“If I spoke with Your Excellency, the leadership of Commission III, it looks like it will be completed in July 2022,” said Eddy at the parliament complex, Senayan, Jakarta, Wednesday (25/5/2022).

Based on the draft file that was distributed to journalists, one of the proposed final drafts was a question of cohabitation. But in the draft it is referred to as ‘cohabitation’. Here’s what it sounds like:

Kohabitasi

Article 418

1. Everyone who lives together as husband and wife outside of marriage shall be sentenced to a maximum imprisonment of 6 (six) months or a maximum fine of category II.
2. The criminal act as referred to in paragraph (1) shall not be prosecuted except on the complaint of husband, wife, parents or children.
3. The complaint as referred to in paragraph (2) can also be submitted by the village head or by other designations as long as there are no objections from the husband, wife, parents, or children.
4. For the complaint as referred to in paragraph (2), the provisions of Article 25, Article 26, and Article 30 do not apply.
5. Complaints can be withdrawn as long as the examination in court has not yet started.

The draft is slightly different from the government’s proposal. The following is the government’s proposal:

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1. Everyone who lives together as husband and wife outside of marriage shall be punished with a maximum imprisonment of 6 (six) months or a maximum fine of category II.
2. The criminal act as referred to in paragraph (1) shall not be prosecuted except on the complaint of husband, wife, parents or children.
3. The complaint as referred to in paragraph (2) can also be submitted by the village head or by other designations as long as there are no objections from the husband, wife, parents, or children.
4. For the complaint as referred to in paragraph (2), the provisions of Article 25, Article 26, and Article 30 do not apply.
5. Complaints can be withdrawn as long as the examination in court has not yet started.

The following is the information in the draft:

Paragraph (3) is removed in relation to the village head who can complain to the competent authorities.

Formulated as a complaint offense and the complaint is limited to only being submitted by the most affected persons;

Those who have the right to complain are limited only by husband or wife for people who are bound by marriage or parents or their children for people who are not bound by marriage

Just to note, at this time the gathering of kebos can’t be tried. The Criminal Code only criminalizes adultery in which one or both of the perpetrators are bound by marriage ties. This rule is considered to be liberal and not in accordance with Indonesian norms which view cohabitation as an immoral act.

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Also watch the video ‘Important Points of the TPKS Law that You Need to Know’:

[Gambas:Video 20detik]

(asp / dnu)

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