STUDI ANALISIS TERHADAP PEMBUKTIAN TINDAK PIDANA SANTET DALAM PASAL 252 KUHP

Abstract

Witchcraft (santet), a controversial phenomenon of black magic, presents significant challenges in legal proceedings yet poses potentially severe consequences, including injury or even death. The enactment of Article 252 of Law No. 1 of 2023 represents a legislative effort to formally regulate the practice of santet. While the mystical nature of santet continues to make evidentiary processes difficult, the provision attempts to strike a balance between the preservation of traditional beliefs and the enforcement of objective legal protection. Nonetheless, the real impact of this law’s implementation remains a subject requiring further scholarly investigation.

This study examines two primary aspects: first, the formulation of santet as a criminal offense within the framework of Article 252 of Law No. 1 of 2023; and second, the evidentiary provisions associated with such an offense. Using a qualitative methodology with a library research approach, the study draws upon relevant literature, synthesizes findings, conducts analysis, and critically evaluates the constructed body of knowledge.

The findings reveal that the formulation of santet as a criminal offense in Article 252 emphasizes preventive measures, seeks to address a legal vacuum, and responds to the prevailing social context in which belief in supernatural forces remains widespread. This approach aligns with related provisions in Articles 546–547 of the Criminal Code concerning the act of offering assistance in committing a crime. Furthermore, the evidentiary rules in Article 252 place greater emphasis on proving an offer or admission to perform santet rather than proving the act itself. Consequently, the focus lies in establishing the connection between the santet practitioner and the individual who engaged their services—an act that may be classified as criminal conspiracy and thereby subject to legal sanctions.