Pertanggung Jawaban Pidana Pelatih Pencak Silat Terhadap Anggotanya yang Meninggal Perspektif Hukum Positif dan Hukum Pidana Islam

Abstract

Criminal liability of a pencak silat coach for the death of a student is
an issue that frequently arises within pencak silat organizations,
particularly when incidents result in fatalities. Such cases fall under
the category of negligence when viewed from the perspective of the
positive legal system, specifically under Article 359 of the Indonesian
Criminal Code (KUHP). From the perspective of Islamic criminal law
(fiqh jinayah), the applicable punishment is diyat (compensation to
the victim’s family).
This study addresses three main questions: (1) What is the form of
criminal liability for a coach whose actions result in the death of a
student, from the perspective of positive law?(2) What is the form of
criminal liability for such a coach, from the perspective of fiqh
jinayah?(3) What are the similarities and differences in the criminal
liability of a pencak silat coach causing the death of a student, when
viewed from both positive law and fiqh jinayah?
The objectives of this research are: (1) To analyze the form of criminal
liability of a pencak silat coach whose actions result in the death of a
member, from the perspective of positive law.(2) To examine the same
matter from the viewpoint of fiqh jinayah.(3) To compare the criminal
liability of a pencak silat coach causing the death of a member in both
fiqh jinayah and positive law.
This study employs a normative legal research method, meaning it
relies on obtaining data and information relevant to the legal issue
under discussion through a literature review.