PERLINDUNGAN HUKUM BAGI ISTRI TERHADAP TINDAK PIDANA KEKERASAN EKONOMI DALAM RUMAH TANGGA (KDRT) PERSPEKTIF HUKUM KELUARGA ISLAM

Abstract

Abstract

The year 2024 marks an increase in gender awareness in society, yet the phenomenon of domestic violence (KDRT) in the form of economic violence still frequently occurs and is considered trivial. Actions such as withholding support, monopolizing assets, and forbidding wives from working without syar'i reasons are forms of rights violations that are often invisible physically but have fatal impacts. This study aims to analyze the legal indicators of jurisprudence regarding the negligence of support categorized as dlarar (madharat) and to assess the effectiveness of Law No. 23 of 2004 on PKDRT in sanctioning economic violence. The method used is normative legal research with a statutory and conceptual approach. The results indicate that from a jurisprudential perspective, the obligation of support is not merely the fulfillment of basic needs (kifayah), but also an aspect of well-being (ma'isyah). Negligence in fulfilling support that causes the wife's suffering is categorized as dlarar, which can be subject to ta'zir sanctions. The PKDRT Law has provided ample room to criminalize economic violence; however, its implementation is often constrained by evidentiary issues and public views that still consider support matters as a private domain. This article recommends a reconstruction of the concept of support in national law that aligns with maqashid sharia to provide maximum protection for wives.

Keywords: Economic Violence; Maintenance; Islamic Family Law; Domestic Violence; Ma'isyah.