TECHNICAL NEGLIGENCE AS A FORM OF CRIMINAL OFFENSE IN PUBLIC FACILITY CONSTRUCTION: A JURIDICAL ANALYSIS OF THE AL KHOZINY BUILDING COLLAPSE TRAGEDY

Abstract

Facilities as a form of criminal offense under Indonesian criminal law. The collapse of the Al Khoziny Islamic Boarding School building in Sidoarjo, East Java, in September 2025 serves as the main case study to analyze the application of criminal liability principles to negligent acts resulting in fatalities. The research adopts a normative juridical approach, analyzing Articles 359–360 of the Indonesian Penal Code (KUHP), Law No. 2 of 2017 on Construction Services, and Law No. 6 of 2023 on Job Creation (Omnibus Law). The findings indicate that technical negligence causing death satisfies the elements of gross negligence (culpa lata) and thus constitutes a criminal act rather than merely an administrative violation. However, both the Construction Services Law and the Job Creation Law contain normative gaps, as they only prescribe administrative sanctions without penal provisions. Consequently, the Penal Code functions as a lex generalis in enforcing criminal liability for individuals and corporations engaged in construction activities. This paper recommends legislative reform to incorporate explicit criminal sanctions for fatal technical negligence and the establishment of integrated inter-agency supervision mechanisms to enhance legal protection for public safety in construction projects.