Domestic Violence as a Criminal Offense: A Comparative Analysis from the Perspectives of the Indonesian Penal Code and Islamic Criminal Law

Abstract

Domestic violence constitutes a serious violation of human rights and poses a significant threat to the integrity of the family structure. In the context of Indonesian law, domestic violence is regulated under Law No. 23 of 2004 concerning the Elimination of Domestic Violence, which provides legal protection for victims of abuse within the household. However, the Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana or KUHP) also governs acts of violence, albeit without explicitly categorizing domestic violence as a distinct criminal offense. From the perspective of Islamic criminal law, domestic violence is similarly regarded as a violation of individual and familial rights. Islam strictly prohibits acts of domestic abuse, considering them incompatible with the principles of compassion, justice, and responsibility. Islamic law provides various sanctions for perpetrators of domestic violence, including ḥudūd, ta‘zīr, or alternative resolutions that prioritize mediation and familial reconciliation. This study employs a normative and comparative approach to analyze domestic violence as a criminal offense under the Indonesian Penal Code and Islamic criminal law. The findings reveal fundamental differences in terms of legal approach, sanctions, and procedural mechanisms. While the Penal Code emphasizes physical violence with imprisonment as the primary sanction, Islamic criminal law prioritizes the restoration of family relationships through restorative justice frameworks.