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Journal : Rechtsidee

Model of Paranormal Testimony as Evidence in the Crime of Witchcraft from the Perspective of Legal Certainty Setyorini, Erny Herlin; Mangesti, Yovita Arie; Simangunsong, Frans; Geuvarra, Arsyah; Arrofi, Rendi; Widayata, Andhika Tedja
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1058

Abstract

General Background: The criminalization of black magic presents complex challenges at the intersection of law, culture, and religion. Specific Background: Article 252 of Indonesia's National Criminal Code regulates black magic based on claims of supernatural power, punishable by imprisonment or fines. Knowledge Gap: However, there is limited clarity on the role of paranormal witnesses in the evidentiary framework of such crimes, particularly from the perspective of legal certainty. Aims: This study aims to design a model for utilizing paranormal witnesses as supporting evidence in black magic cases. Results: Employing a sociolegal method with legislative and conceptual approaches, supplemented by interviews with East Java Regional Police investigators and religious figures, findings reveal that scientific investigation methods are prioritized over paranormal testimony. In Islamic law, proving black magic requires confession, valid witness testimony, or strong qarinah, with input from ruqyah experts serving only as reinforcement. Novelty: The study introduces a model that aligns with Article 184(1) Jo. 183 of the Criminal Procedure Code, positioning paranormal testimony as non-autonomous, corroborative evidence. Implications: The research proposes establishing a certified paranormal association to ensure formal legality and regulated participation in criminal investigations involving supernatural claims. Highlights: Legal evidence for black magic relies on scientific and sharia-valid proof. Paranormal testimony serves only as supporting (non-primary) evidence. Certified paranormal associations are proposed for formal legal legitimacy. Keywords: Paranormal Witness, Evidence, Witchcraft Crime, Legal Certainty
Simple, Swift, and Low Cost Judiciary in Handling Environmental Crimes by Corporations through Deferred Prosecution Agreement Rosnawati, Emy; Warka, Made; Setyorini, Erny Herlin
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1065

Abstract

General Background: Indonesia's criminal justice system aspires to uphold the principles of simplicity, swiftness, and cost-efficiency. Specific Background: However, these ideals remain inadequately realized, particularly in addressing environmental crimes perpetrated by corporations—cases often burdened by protracted processes and limited effectiveness in restoring state losses. Knowledge Gap: Conventional legal approaches have failed to achieve significant restitution, signaling a need for alternative mechanisms. Aims: This study examines the potential application of the Deferred Prosecution Agreement (DPA) framework as a tool to actualize a more efficient judiciary in prosecuting corporate environmental offenses. Results: Using a normative juridical method with statutory and comparative approaches, the study finds that the DPA offers a concrete, legally feasible means of pursuing compensation while streamlining judicial procedures. Novelty: The research introduces the concept of DPA into Indonesia’s legal discourse as an innovative, non-traditional solution for environmental crime cases involving corporate actors. Implications: The adoption of DPA mechanisms, accompanied by normative and institutional adjustments, could significantly enhance Indonesia's judicial efficiency and environmental accountability frameworks. Highlights: Promotes judicial principles of simplicity, speed, and cost-efficiency. Offers innovative restitution for environmental damage by corporations. Requires legal and institutional adaptation for implementation in Indonesia. Keywords: Expedited Justice, Simplicity, Low-Cost Proceedings, Environmental Pollution, Deferred Prosecution Agreement