Tinjauan Hukum Pidana Islam terhadap putusan Nomor 171/Pid.B/2018/PN Kwg tentang tindak pidana kekerasan dalam rumah tangga yang mengakibatkan kematian

Rahmadani, Susan (2019) Tinjauan Hukum Pidana Islam terhadap putusan Nomor 171/Pid.B/2018/PN Kwg tentang tindak pidana kekerasan dalam rumah tangga yang mengakibatkan kematian. Sarjana thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

Marriage or marriage is one of the most important teachings of Islam, the conditions of value and its purpose to create a happy, sakinah, mawaddah, and warahmah household. But on the contrary that now this household is turned into a scene of violence. Actually, violence can be experienced by anyone, but in an era like this violence often befalls a woman. As an example of the case in the act of committing Domestic Violence (Domestic Violence) which occurred in the decision Number 171/Pid.B/2018/PN Kwg namely, a husband (Muhamad Kholili) who resides in the Karawang area. Based on this case, it is regulated in a more specific regulation, which is regulated in the Law on the Elimination of Domestic Violence which results in this death, namely Article 44 paragraph 3 of RI Law No. 23 of 2004 concerning the Elimination of Domestic Violence. The purpose of this study was to determine the legal considerations of judges in case number 171/Pid.B/2018/PN Kwg and to know the review of Islamic criminal law against decision number 171/Pid.B/2018/PN Kwg regarding criminal acts in domestic violence which results in death. The framework of this research is based on the first theory that the author uses is the first Judicial Legal Consideration Theory, the basis of the judge's judgment in convicting a criminal act of domestic violence resulting in death in a case in the District Court in case Number 171 / Pid.B / 2018 / PN Kwg, the second is the Criminal Liability Theory, and the third is the Criminal Theory, while the purpose of punishment in positive law according to historical review and also applies and is applied and stipulated in the State of Indonesia is as retaliation, elimination, deterrence, protection of the law and to correct the offender. So in this case three theories are imposed to recognize the terms of punishment, namely absolute, relative and combined theories. The research method in preparing this thesis is a case study, which is a research directed to collect data, take meaning, and gain understanding of the case. Also in this study the authors used qualitative methods as data analysis. In this case the object in this study is in the case of Criminal Acts in Domestic Violence which Result in Death handled by the Karawang District Court, namely in the decision of the District Court Number 171/Pid.B/2018/PN Kwg. The results of this study indicate that the case contained in the decision No. 171 / Pid.B / 2018 / PN Kwg against criminal acts of domestic violence resulting in death thus, in Islamic Criminal Law threatened with diyat (fines), namely murder of the basis of accidental or so-called semi-deliberate killing, in this case not subject to qishas, but only required to pay a heavy diyat in the form of 100 camels, with details of 30 females aged 3 (three) into 4 (four) years, 30 females aged 4 (four) enter 5 (five) years, and 40 females already pregnant (pregnant). Then the diyatnya must be paid by the family of the offender in installments within three years.

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