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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