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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The main problem in this thesis is to analyze the factors that influence the
determination of law by judges in cases of persecution that cause death against
Decision Number 71/Pid.B/2020/PN Sml and Ciamis District Court Number
179/Pid.B/2019/PN Cms. This research method uses qualitative research, which is
a special examination that uses data or writing a normative-descriptive approach
by finding the correct answer by proving the truth of the written legal
prescriptions. The data sources that the author uses are the Koran and Sunnah as
the premier data source, the secondary data used are law books and fiqh books.
This research is descriptive-analytic. The type of research in the preparation of
this research is library research and then the data is analyzed using the deductive
method.
The results of this study indicate that the judge's consideration in imposing
criminal sanctions on the defendant in the case of Decision Number
71/Pid.B/2020/PN Sml and Ciamis District Court Number 179/Pid.B/2019/PN
Cms is different in the imposition of law.. The judge in sentencing the defendant
should have used Article 354 paragraph 2 of the Criminal Code, namely serious
maltreatment resulting in death, because the incident resulted in the death of the
fetus and this action was included in the category of serious maltreatment.
Meanwhile, according to Islamic law the persecution of women resulting in the
death of the fetus is included in the category of semi-intentional murder (qalt
syibhul al-'amd) by getting a heavy fine by paying 100 camels and 40 of them are
pregnant and paying expiation. But if there is forgiveness from the victim then the
sanction is replaced with a ta'zir penalty.

53/PMH/2024

53/PMH\\202/

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