Legal Analysis of Criminal Acts of Abuse Within the Family Based on the National Criminal Code and Islamic Law

Abstract

This study provides a juridical analysis of the criminal offense of assault within the family context based on the Indonesian Criminal Code (Law Number 1 of 2023) and Islamic law. The background of this research stems from the increasing cases of domestic physical violence, which are regulated under Articles 466–471 of the Criminal Code as well as Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The research problems include: (1) how assault is regulated in the Criminal Code; (2) what its juridical implications are for victim protection; and (3) how Islamic law perspectives align with the Criminal Code. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that the Criminal Code regulates assault in a graded manner, ranging from ordinary assault (Article 466), minor assault (Article 467), aggravated assault (Article 468), to assault resulting in death (Article 469). This classification reflects a differentiation in the level of culpability and legal consequences, while also demonstrating a shift toward a restorative justice approach as emphasized in Article 51. Meanwhile, the Domestic Violence Law functions as a lex specialis, providing more specific protection for victims of domestic violence, including preventive and rehabilitative measures. From the perspective of Islamic law, assault is categorized as a jarimah that may fall under qisas and diyat if it meets certain criteria related to bodily harm, or under ta'zir as a discretionary punishment determined by the judge based on public interest (maslahah). Islamic law also distinguishes between intentional (al-'amdi) and unintentional (al-khata') acts. Both legal systems converge on the principle of protecting human life (ḥifẓ al-nafs) as part of the objectives of Islamic law (maqāṣid al-sharī'ah). Therefore, harmonization between the Criminal Code, the Domestic Violence Law, and Islamic legal values is essential to achieve more comprehensive victim protection, while upholding a humane and restorative justice approach.