Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia

Abstract

The practice of samen leven or cohabitation is a violation of the religious and cultural norms of Indonesian society, but semen leven is increasingly common in today's modern society, especially in Indonesia and Malaysia. The rise of this cohabitation shows a decline in moral and religious values ​​in society. Discussion in this article will cover various regulations related to semen leven or (cohabitation) included in the previous or new Criminal Code and discuss various polemics around them. Then it will also be discussed how legal, religious, and social perspectives are on the practice of semen leven and how the sanctions are imposed. The purpose of this paper is to understand the legal views governing the act of cohabitation as well as efforts to deal with the problem of samen leven in Indonesia by comparing and analyzing a comparison of the two views of the legal system that applies between Malaysia and Indonesia towards the practice of cohabitation. The approach research method that we use is carried out through a literature review and normative juridical methods using primary sources in this study in the form of the Criminal Code, Law Number 1 of 1974 concerning marriage, the 1984 Islamic Family Law concerning marriage and divorce in Malaysia. Secondary sources in the form of all legal publications, including textbooks, legal dictionaries, legal journals, legal articles, and comments on court decisions. KEYWORDS: Samen Leven, Cohabitation, Legal Comparasion.