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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The research in this thesis aims to comprehend both general and in-depth
perspectives regarding the phenomenon of psychological violence within the household,
as viewed through the lenses of Islamic law and Positive law. Additionally, the study
seeks to explore the various forms of psychological violence within domestic
environments.
Research employs a Normative Juridical method. It involves the collection
and thorough examination of data units from literature (Library Research). This
entails gathering a substantial amount of data pertinent to this research, including
facts, information, core or primary statements, supporting or secondary
references, as well as supplementary or tertiary sources.
Through this analysis, the author, after reviewing and evaluating,
concludes that the legal delineation of psychological violence within Indonesian
Positive law revolves around the presence of anxiety centered on an individual's
psyche or mental upheaval. In contrast, Islamic law does not provide specific
explanations about such actions. Aside from the absence of precise phrases
elucidating this criminal act, Islamic law predominantly interprets it from a
general aspect and universal norms. Positive law, on the other hand, responds to
perpetrators of psychological violence with fines and imprisonment. Detailed
explanations can be found within existing legal documents. Unlike Islamic law,
the legal consequences provided primarily hold hope in the formulation of penal
provisions by judges overseeing cases, aiming to address psychological violence
through Takzir penalties.

06/PMH/2023

06/PMH/2023

Perpustakaan FSH Lantai 4

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