The Position and Scope of Authority of the Civil Service Police Unit (Satpol PP) in Handling Cohabitation Under Article 412 of the National Criminal Code

Abstract

This study aims to examine the position and limitations of the authority of the Civil Service Police Unit (Satpol PP) in handling cohabitation cases based on Article 412 of the Indonesian Criminal Code (KUHP). The research focuses on the forms of authority possessed by Satpol PP and the limitations of such authority in relation to the regulation of cohabitation as an absolute complaint offense. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal materials in the form of legislation and secondary legal materials derived from books and relevant scientific journal articles. The data are analyzed qualitatively through deductive reasoning to produce systematic legal arguments. The findings indicate that Satpol PP is a regional government apparatus with administrative authority to enforce Regional Regulations, maintain public order, public peace, and community protection. In handling cohabitation cases, Satpol PP's authority is limited to preventive and administrative measures, such as public education, supervision, and legal awareness campaigns. Meanwhile, Article 412 of the Criminal Code classifies cohabitation as an absolute complaint offense, requiring a complaint from an authorized party before legal proceedings can be initiated. Therefore, actions taken by Satpol PP in conducting raids or enforcement against alleged cohabitation without a valid complaint may exceed its authority and contradict the principles of legality and legal certainty. Accordingly, a clear delineation of Satpol PP's authority is necessary to ensure that the enforcement of laws concerning cohabitation is carried out proportionally, provides legal certainty, and continues to protect citizens' rights.