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TEUNULEHJOURNALTEUNULEHJOURNAL

Journal Jurnal Ilmiah TeunulehJurnal Ilmiah Teunuleh Abstract

Criminal acts due to negligence (culpa) resulting in death are an important issue in the Indonesian criminal law system and Islamic criminal law. This research is motivated by the decision of the Bireuen District Court Number 238/Pid.B/2023/PN Bir, where the defendant was found guilty of his negligence in installing high-voltage electric wires which caused the death of another person. The formulation of the problem in this study includes how the judge considered in making a decision and how the analysis of Islamic criminal law on cases of negligence causing death to another person with the qatlul khatha theory. This study uses a normative juridical method by analyzing the results of the decision Number 238/Pid.B/2023/PN Bir. The results of the study show that the panel of judges has determined the elements of Article 359 of the Criminal Code, but did not consider the level of negligence as conscious negligence. According to the perspective of Islamic criminal law, the defendants actions have fulfilled the elements of qatlul khatha, therefore, it is appropriate to be charged with paying diyat and kaffarat.

Conclusion

Based on the discussion, the panel of judges appropriately considered the elements of Article 359 of the Criminal Code, but failed to consider the defendants level of negligence, leading to a potentially unjust sentence.The elements of qatlul khatha were met, suggesting the defendant should be subject to diyat and kaffarat according to Islamic criminal law.However, the courts acknowledgement of peace efforts without a concrete agreement did not align with Islamic law, which requires full payment of diyat unless a formal peace agreement is reached.

Future Research

Further research should investigate the application of Islamic criminal law principles, specifically qatlul khatha, in Indonesian courts, focusing on the discrepancies between legal interpretations and religious jurisprudence. Additionally, a comparative study examining sentencing guidelines for negligence resulting in death across different jurisdictions, including those with Islamic legal systems, could provide valuable insights. Finally, research exploring the role of restorative justice practices, incorporating elements of diyat and kaffarat, in resolving cases of accidental death and promoting reconciliation between victims families and perpetrators is warranted. These studies should consider the complexities of applying religious law within a secular legal framework, aiming to enhance fairness and justice in similar cases. The current case highlights a need for a more nuanced understanding of negligence levels and their corresponding legal consequences, particularly when Islamic principles are relevant, and a deeper exploration of how restorative justice can be effectively integrated into the Indonesian legal system to address the needs of all parties involved.

References

1. 1.　鉄鋼　2.　アルミニウム合金，その他　3.　新素材（高分子）（最新の接着剤と接着技術の動向）－金属とプラスチックの構造接着技術－　4.　溶接材料.... doi.org/10.2207/jjws.91.3281 AAOEUAA2 AACEEEUCEaONcUAyAnAA3 AAnyaOoOIaOOuAnAauyAOAauyAOAeAUiacOsNcAEECEAEECAUAauyAOAesAA4 AAauyano doi 10 2207 jjws 91 328

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