Analysis Of Non-Physical Violence In The Household From The Point Of Positive Law And Islamic Criminal Law

Abstrak

This study discusses the phenomenon of non-physical domestic violence, which often goes unnoticed by the public because it does not leave visible wounds, yet has serious effects on the psychological, emotional, and spiritual well-being of the victims. Non-physical violence includes behaviors such as humiliation, threats, emotional neglect, and psychological control that cause inner suffering. The aim of this study is to analyze the forms of non-physical violence occurring in society, identify the contributing factors, and examine the perspectives of Indonesian positive law and Islamic criminal law on this phenomenon. This research uses a normative-legal approach and a comparative law approach. Data is obtained from primary and secondary legal materials in the form of laws, fiqh books, academic literature, and previous research results. The analysis is conducted descriptively and analytically by examining the similarities and differences between the two legal systems. Research results show that in Indonesian positive law, non-physical violence is regulated in Law Number 23 of 2004 on the Eradication of Domestic Violence, specifically Article 7, which defines psychological violence as acts that cause mental suffering and emotional pressure. Perpetrators can be subjected to criminal sanctions of up to three years' imprisonment or a maximum fine of nine million rupiah. Meanwhile, in Islamic criminal law, non-physical violence is categorized as jarimah ta‘zīr, which refers to acts whose penalties are not specifically outlined in the Qur’an and Hadith, but are left to the authorities or judges to determine appropriate punishment for the sake of public welfare