Rahman, Aisyah Habibah (2025) The Renewal of the Evidentiary Process for the Criminal Act of Supernatural Practices in Article 252 of Law Number 1 of 2023 concerning the Criminal Code. S1 Undergraduate thesis, UNIVERSITAS DARUSSALAM GONTOR.

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Abstract

The practice of supernatural rituals in Indonesia continues despite advancements in science and technology, with various cases of fraud and abuse harming society, such as the cases involving shamans in Sukabumi and Yono. To address this issue, the government has regulated it under Article 252 of the 2023 Criminal Code (KUHP), which will take effect in 2026, aiming to curb harmful practices and prevent vigilante actions, although challenges in proving such offenses remain a major obstacle. This study employs a normative juridical approach, utilizing legal analysis and literature review methods related to evidentiary law in criminal offenses. Additionally, it examines the legal framework surrounding supernatural practices as a criminal act and how evidence is established under Article 252 of Law Number 1 of 2023 concerning the Criminal Code. The findings reveal that shamanic offenses were previously regulated under Articles 545 to 547 of the existing Criminal Code, but these provisions have been found inadequate in addressing harmful supernatural practices and fail to provide a deterrent effect due to lenient penalties. Therefore, Article 252 of the 2023 Criminal Code was formulated as a formal offense (delik formil). Despite challenges and legal implications in its enforcement, this article is considered crucial in preventing the widespread offering of supernatural services. This study proposes reforms in the evidentiary process for supernatural criminal acts under Article 252 of Law Number 1 of 2023, requiring valid evidence based on Articles 183 and 184 of the Criminal Procedure Code (KUHAP) and the Electronic Information and Transactions Law (UU ITE), along with relevant material evidence to convince the court. Subjective and objective elements, such as intent, purpose, and unlawful nature, play a crucial role in determining whether a supernatural practice violates the law and is subject to criminal sanctions. This study recommends establishing technical guidelines for law enforcement in handling cases of occult practices, clearer regulations to prevent wrongful criminalization of supernatural practices without strong evidence, and legal education for the public to avoid falling victim to fraudulent magicians. Additionally, synergy between legal approaches and social education is essential to encourage a more rational societal perspective on this phenomenon. With a more structured legal framework, it is hoped that this article can be effectively implemented to ensure justice for society and maintain legal order.

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