Can you be imprisoned? Rule of law and sentences in Indonesia

You should have heard the term gathering of kebo, right? This is a term for couples living without marriage. So, how many surprised, what commanded Indonesia? Can you get a gathering to imprison people? Come on, we’re talking in simple language so it’s clearer!

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What is a kebo gathering?

Kebo gathering is a term used by people in Indonesia for two people, among men and women who live together, but are not tied to legal marriages and religions.

Simply say, they are like a husband and wife, just a house, but not married. This is usually the subject of community talk because it is considered disagree with Indonesian criteria and customs that promote religious qualities and strengths.

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Rule Indonesian Law about Gathering Kebo

During the years, the criminal code (“Kuhpananan”) did not specifically regulate Kebo as a criminal offense. This work is considered a violation of the law if there is adultery (fighting outside of marriage to make the complaint (complaint basis), based on Article 284 of the ancient criminal code.

However, in the passage of Law number 1 of 2023 about criminal code (“new criminal code”), there is a significant change. New criminal code clearly regulates cohabitation or assembly.

Article 412 paragraph (1) of new criminal code says that everyone living together as husband and wife outside marriage can be convicted. This is a clear legal basis to ensure Kebo gathering.

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Can you be imprisoned?

The answer is yes, you can. Based on the new criminal code, the perpetrator of Kebo can be threatened with criminal sanctions, based on Article 412 paragraphs (1) Article 79 Paragraphs (1) Letter B of the New Criminal Code, IE The Perpetrators Can Be Convicted with 6 Months or A Maximum Fine of Category II, which is a maximum of RP10,000,000.00 (ten million rupiah).

However, there is a significant point that must be affirmed, this crime is a complete complaint offense. This means, prosecution can only be if complaints from some parties, based on Article 412 paragraphs (2) in the new criminal code, which is:

1. Husband or wife for marital ties.
2. Parents or children for those who do not integrate with marriage.

If no complaints from one of these parties, law enforcement officials cannot process Kebo accumulation case. In addition, this complaint can be obtained while the test does not start.

In this provision there are alternative sanctions other than a prisoner for 6 months, which is the highest fine of RP10,000,000.00 (ten, 000 rupiah), may not exceed the value. So only one punishment can be imposed by sex actors outside of marriage or adultery, between imprisonment or fine.

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The views of Islamic law and other religions

In Indonesia, the problem of gathering kebo is not only found in terms of positive law, but also from religious qualities.

1. Islamic Law. In the teachings of Islam, living outside the bond of legal marriage is an act of adultery and strictly forbidden. This habit is opposed to principles of Islamic law in need of marriage as a means of building family and generations.
2. Other religions. Overall, the teachings of Christianity, Catholicism, Hinduism, Buddhism, and other religions in Indonesia also support Indonesia institutions. Kebo assembly is considered an act that does not agree with moral and religious behavioral teachings.

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Social effects gathering kebo

In addition to legal consequences and religious views, this action also has a significant social impact, including:

1. Loss of legal protection. The couple gathering at Kebo has no legal rights and obligations such as marital couples, such as the rights of hereditary, distribution of goni-guinea assets.
2. Stigma and participation. In Indonesian society that strengthens the rules, the guilty of the gathering often faced negative stigma and separate from the social environment.
3. Child status problems. Children who are born from a gathering relationship often face the problem of legal conditions, such as the difficulties of caring for birth certificates or birth rights, which affect their future.
4. Damage to moral values. The widespread habit of gathering kebo is considered harmful to marital institutions and irritating the values ​​of the country’s cultural values.

Kebo gathering is a complex issue that involves legal, religious, and social features. With the enforcement of the new criminal code, this action is now clearly regulated and can be processed legally, even with a limited complaint complaint mechanism. It shows state reassurance to keep the rules of wrath, while still protected each privacy.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Criminal code;
2. Law Number 1 in 2023 About Criminal Code.

reference

1. R. Soesilo. Criminal Code (KUHP) and Complete comment Article by article. Bogor: Swectoria, 1996.
2. Hendrik Khoirul Muhid. “Menkumham explained about criminal article gathering kebo in new criminal code, it sounds”. Accessed on September 5, 2025.