PERTANGGUNGJAWABAN PIDANA ATAS ROBOHNYA BANGUNAN PONDOK PESANTREN YANG MENGAKIBATKAN KORBAN JIWA

Abstract

The collapse of the Al-Khoziny Islamic Boarding School building in Buduran District, Sidoarjo Regency, on September 29, 2025 at around 15.00 WIB was a major tragedy that resulted in 63 fatalities, all of whom have been successfully identified by the East Java Regional Police DVI team from a total of 67 body bags. This tragedy is clear evidence of weak supervision and compliance with building regulations in the religious education environment, and indicates negligence in the planning and implementation of building construction. This study aims to analyze the legal responsibility for the collapse of the Al-Khoziny Islamic Boarding School building from a criminal aspect, namely the form of criminal legal responsibility that can be imposed on negligent parties. Theoretically, this study uses the theory of legal responsibility based on Article 359 of the Criminal Code concerning negligence causing death, Article 1365 of the Civil Code concerning unlawful acts, as well as provisions in Law Number 28 of 2002 concerning Buildings and Law Number 2 of 2017 concerning Construction Services. The research method used is normative law with a statute approach and a case approach. The materials used in this study include primary, secondary, and tertiary legal materials. The results of the study showed indications of negligence and violations of the law on the part of the Islamic Boarding School Foundation as a user of construction services and not having a Building Construction Permit (IMB), as well as weak oversight by the Regional Government. Legally, these parties can be held criminally liable for negligence resulting in death. This research is expected to contribute to strengthening the oversight system, law enforcement, and the implementation of technical building standards in the religious education sector to prevent similar tragedies from recurring in the future.

Keywords: Legal Liability, Construction Failure, Islamic Boarding School, Negligence, Building