KEKERASAN TERHADAP ISTRI DALAM RUMAH TANGGA BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DAN HUKUM ISLAM

Abstract

The purpose of the study was to analyze the comparison of Law No. 23 of
2004 on the Elimination of Domestic Violence with Islamic law on domestic
violence.
The method of approach in this writing is normative juridical. The specifications of
this study use descriptive analysis. Data sources use skunder data. Data collection
techniques use literature studies and document studies. To analyze the data,
researchers use qualitative normative methods.
Based on the results of the study obtained the conclusion that: 1) The view of Law
No. 23 of 2004 on the Elimination of Domestic Violence regarding domestic
violence is regulated in the provisions of Articles 6 to Article 9, where violence
against wives is divided into 4 (four) types, namely physical violence,
psychological / emotional violence, sexual violence and economic violence. Where
each violence against the wife is threatened with criminal fines and imprisonment.
2) Islamic legal views on violence against domestic wives are: a) For physical
violence the perpetrator is sanctioned in the form of qisas, in addition it is also
required to punish takzir (prison / exile). b) For psychic violence that is if a husband
who commits psychic violence on his wife for 4 months in a row then it should not
save her. The husband when going to save his wife again he must pay kifarat that
is freeing slaves if there is. If you do not find slaves, then fast two months in a row,
if unable, then feed 60 poor people. c) For sexual violence on the wife included in
jarimah ta'zir which is a maximal act that cannot be sanctioned hudud (including
qishash). d) For economic violence, the sanctions are difasakh or divorced. 3)
Comparison of Law No. 23 of 2004 on the Elimination of Domestic Violence with
Islamic law on violence against domestic wives is equally aimed at providing
protection to people, the interests and benefits of society, maintaining the
community system, maintaining a sense of security, avoiding harm, avoiding
damage and ensuring the survival of the community.
Keywords: Violence Against Wives, Households.