Darryl Anne Lanita Simanungkalit, . (2026) KRIMINALISASI PERBUATAN SANTET SEBAGAI DELIK FORMIL DALAM PEMBARUAN HUKUM PIDANA INDONESIA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The act of claiming to possess supernatural powers with the intention of causing illness, physical or mental suffering, or even death to others is still frequently encountered in Indonesian society. Article 252 of the 2023 Criminal Code, which will come into effect in 2026, serves as the basis for criminal liability for perpetrators of black magic. This study aims to analyze the elements of Article 252 of the 2023 Criminal Code and identify challenges and obstacles in proving it. The problems include the legal considerations of lawmakers in criminalizing black magic and the obstacles in proving the element of supernatural powers as the cause of the crime. This study uses a normative juridical method with a statutory and conceptual approach. The results show that Article 252 of the 2023 Criminal Code regulates black magic as a formal offense that emphasizes the act of claiming to possess supernatural powers, informing, giving hope, offering, or providing assistance to others as if it can cause illness, mental or physical suffering, or death. This article is intended to provide legal certainty and prevent vigilante action in society. However, proving it is considered difficult because the element of supernatural powers cannot be proven scientifically or medically. As a result, Article 252 of the 2023 Criminal Code has the potential to become a display article or a flexible article if not accompanied by clear evidentiary guidelines. Moreover, if someone simply claims to have supernatural powers without causing any consequences, they should not be able to be punished under this article. Therefore, proving the crime of black magic faces several obstacles, primarily because the available evidence is generally subjective, such as testimony or statements, which do not provide an objective basis for proof. Furthermore, the lack of specific evidentiary standards makes determining the elements of the crime difficult, including distinguishing between the perpetrator's intent and claims of supernatural abilities influenced by beliefs or social pressure. As a result, the causal relationship between the perpetrator's actions and the impact experienced by the victim is difficult to prove convincingly. Thus, the existence of Article 252 of the 2023 Criminal Code will only be effective if accompanied by clear and objective evidentiary guidelines, so that its application does not create legal uncertainty and is truly able to address the issue of black magic that has long been a public concern.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil : 2210611332] [Pembimbing : Rosalia Dika Agustanti] [Ketua Penguji : Aji Lukman Ibrahim] [Penguji 1 : Faqih Zuhdi Rahman] [Penguji 2 : Rosalia Dika Agustanti] |
| Uncontrolled Keywords: | Article 252 of the criminal code, Black Magic, Formal Crime, Indonesian Criminal Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | DARRYL ANNE LANITA SIMANUNGKALIT |
| Date Deposited: | 06 Apr 2026 04:41 |
| Last Modified: | 06 Apr 2026 04:41 |
| URI: | http://repository.upnvj.ac.id/id/eprint/42676 |
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