Criminalization of Cohabitation Based on The Approach of Pancasila Values in The National Criminal Law

Cohabitation in the current Indonesian National Criminal Code has not become a delicacy, This is because the old Criminal Code was based on secularism, liberalism, and colonialism. In fact, there are many legal facts in the community that denounce cases of adultery in general and cohabitation in particular. Rejection in the form of raids to the naked parade of the perpetrator in the community. This invites the urgency of cohabitation to be regulated in the upcoming National Criminal Code. The values of Pancasila, which are embodied in the name of divinity, humanity, unity, populism and social justice, have prohibited gatherings. The National Criminal Code which will take effect in 2026 has included cohabitation as a crime, but only as an absolute crime that can only be complained about by the victim's husband/wife and/or parents. Community protection is still not optimally accommodated in the formulation of cohabitation offenses in the new Criminal Code. Sanctions that are lighter than adultery also make cohabitation appear to be a half-baked offense in the new Criminal Code. Therefore, it is necessary to reformulate the cohabitation in particular and the immoral delicacy in general to build an ius constituendum that is more based on Pancasila as the basis of the Indonesian state and as the source of all sources of law.