Criminology Study of Crime Causes of Crime Study of Domestic Violence (Kdrt)

Abstrak

Domestic violence (KDRT) is a form of criminal act that still often occurs in society and causes physical, psychological, social, and economic impacts on victims. In some cases, wives who commit criminal acts against their husbands have previously been victims of physical, psychological, neglect, and emotional violence that lasts continuously. This phenomenon shows the concept of "crime that causes crime", which is a criminal act that arises as a result of violence or ill-treatment experienced previously. This study aims to analyze the factors that cause wives to commit domestic violence, the concept of crime that causes crime from a criminological perspective, criminal liability for the wife of domestic violence perpetrators according to positive law, and a review of Islamic criminal law on these acts. The research methods used are normative legal research with a normative juridical approach, a conceptual approach, and an Islamic criminal law approach. Data sources are obtained through literature studies consisting of primary, secondary, and tertiary legal materials. The data was analyzed qualitatively using an analytical descriptive method to describe problems based on laws and regulations, criminological theory, and Islamic criminal law. The results of the study showed that domestic violence committed by wives was influenced by various factors, such as economic factors, psychological pressure, family environment, jealousy, infidelity, and patriarchal culture in the household. From a criminological perspective, the act is related to the concept of crime that causes the crime because it appears as a reaction to the violence experienced before. Positive law in Indonesia still views acts of violence as a criminal act, but psychological factors and the condition of the perpetrator can be considered by judges in mitigating the sentence. Meanwhile, Islamic criminal law views that criminal liability is not only based on outward acts, but also considers motives, psychological conditions, self-defense, and forced circumstances experienced by the perpetrator. Therefore, law enforcement against the wives of domestic violence perpetrators needs to be carried out fairly, humanely, and considering the factors that cause the crime to occur.

Keywords: Criminology, Domestic Violence, Crime Causing Crime, Criminal Liability, Islamic Criminal Law.