Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

A CRITICAL REVIEW OF THE APPLICATION OF WITCHCRAFT LAWS IN THE NEW CRIMINAL CODE (EXPLORING THE IMPLICATIONS OF ARTICLE 252 OF LAW 1 2023 AND ITS IMPACT ON THE JUDICIAL SYSTEM IN INDONESIA)

Syam, Elvi Susanti (Unknown)
Jambak, Fachmi (Unknown)
Rustan, Ahmad (Unknown)
Herman, Herman (Unknown)
Mahka, Fachrur Razy (Unknown)



Article Info

Publish Date
03 Dec 2024

Abstract

This study intends to assess the legal effects and effectiveness of the application of sanctions against witchcraft offenses under Article 252 of law no. 1 year 2023 in the social and legal setting in Indonesia. The study primarily concentrated on the regulation of witchcraft offenses within the new criminal legislation, the issues associated with proof, and the societal ramifications of enforcing these penalties. The study method adopted is normative legal method with descriptive-analytical approach. The data sources comprise main and secondary legal literature, encompassing statutes, books, scholarly journals, and pertinent articles. The findings indicate that while Article 252 of legislation 1/2023 establishes a legal foundation for activities concerning supernatural powers, the implementation of this article encounters significant obstacles, particularly with evidentiary requirements. The formal offense established in this article does not require proof of the manifestation of physical or mental repercussions, but rather stresses the declaration of the perpetrator who has supernatural powers. On the other hand, there is the potential for abuse of this item in society, which might generate horizontal disputes. The efficacy of sanction implementation relies on the accurate comprehension of its boundaries and objectives by law enforcement authorities and the public.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...