JICL
Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H

THE RENEWAL OF THE EVIDENTIARY PROCESS FOR THE CRIMINAL ACT OF SUPERNATURAL PRACTICES

Meitria Cahyani (Universitas Darussalam Gontor)
Febrian Arif Wicaksana (Universitas Darussalam Gontor)
Andini Rachmawati (Universitas Darussalam Gontor)
Fazari Zul Hasmi Kanggas (Universitas Darussalam Gontor)
Aisyah Habibah Rahman (Universitas Darussalam Gontor)



Article Info

Publish Date
30 May 2026

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.

Copyrights © 2025






Journal Info

Abbrev

jicl

Publisher

Subject

Description

Journal of Indonesian Comparative of Syariah Law JICL specializes in the study of legal comparison or legal thought which contains scientific works related to thoughts in the field of positif law, customary law, and Islamic ...