Pertanggung Jawaban Pidana Pemilik Hewan Yang Menimbulkan Gangguan Ketertiban Umum Analisis Komparatif Antara KUHP dan Hukum Pidana Islam

Abstract

This study analyzes the legal liability of pet owners who endanger the public, from both Indonesian national criminal law and Islamic criminal law perspectives. Using a juridical-normative approach, this study examines various regulations governing animal protection in Indonesia, such as the Criminal Code (KUHP), Law Number 18 of 2009 as amended by Law Number 41 of 2014, and Government Regulation Number 95 of 2012. Furthermore, Islamic criminal law also addresses the responsibility of pet owners through the concept of diyat (compensation) to compensate for losses due to negligence. The results of the study indicate that under national law, owners can be subject to criminal penalties if their negligence causes harm, in accordance with the articles of the Criminal Code. However, under Islamic law, even if negligence is not sinful, owners are still obligated to compensate for the loss. In conclusion, both national and Islamic law emphasize the owner's responsibility for pets that endanger others.