ANALISIS YURIDIS TERHADAP SANKSI TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA DITINJAU DARI PERSPEKTIF TEORI KEMASYARAKATAN DAN HUKUM ISLAM

Abstract

The aim of this research is to determine the factors behind the occurrence of psychological violence in the household perpetrated by children against their parents and to determine the sanctions for criminal acts of psychological violence perpetrated by children against their parents. The research method used is normative juridical with descriptive analytical research characteristics. The results of research regarding the factors behind the occurrence of domestic psychological violence perpetrated by children against their parents in this decision are communication and trust factors, which cause disputes between the defendant who is the victim's biological child. Regarding the sanctions applied to the defendant, he was sentenced to probation for 6 (six) months. According to researchers, these sanctions are not in accordance with justice from the perspective of social theory and Islamic law. The suggestions are to establish good communication in building and carrying out family life and to impose criminal sanctions on perpetrators of acts of domestic violence taking into account the purpose of the punishment as well as other perspectives such as society and Islamic law.