ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA ATAS RUNTUHNYA BANGUNAN GEDUNG DAN HILANGNYA NYAWA ORANG LAIN

Abstract

The collapse of an islamic boarding school building that resulted in fatalities, raising issues regarding criminal law regulations on negligence and the criminal liability of religious educational institutions with legal status. This study to analyze criminal law regulations related to negligence (culpa) that led to the collapse and loss of life, as well as to determine the criminal responsibility of the school’s legal entities. This research is normative research, using a prescriptive analysis of literature to formulate legal arguments and recommendations. The results of the study show that negligence resulting in the collapse of buildings and loss of life in Islamic boarding schools fulfills the elements of Articles 359 and 360 of the Criminal Code and Articles 474 of the new Criminal Code, as reinforced by the criminal provisions in Law Number 6 of 2023, so that any violation of the obligations of due care, technical standards, and licensing can result in criminal liability. Applying the theory of corporate criminal liability and strict liability, clerics, boarding school administrators or managers, and supervisors can be identified as potential subjects responsible for culpa lata if they are negligent in the planning, supervision, or operation of buildings that are not fit for purpose.