Santet Delict in Indonesia’s New Criminal Code: Arrangement and Evidence System

Abstract

Delik witchcraft or santet is a legal phenomenon in Indonesia related to the act or practice of influencing or harming others by using black magic or mystical beliefs. The offense of witchcraft has complex legal implications, as it involves aspects of criminal law, cultural beliefs, as well as social and psychological factors. This study explores and analyzes the legal and social aspects related to witchcraft offenses, including conceptual explanations of witchcraft offenses, the legal basis used in the regulation of witchcraft offenses, as well as the legal and social impacts faced by the perpetrators and victims of witchcraft offenses. Through an interdisciplinary approach that combines legal analysis, sociology, and psychology, this study aims to understand the phenomenon of witchcraft offenses comprehensively, identify challenges and issues in the enforcement of witchcraft offenses, and provide policy recommendations for holistic handling of witchcraft offenses, involving diverse stakeholders, including the community, government, and law enforcement. This research is expected to contribute to a better understanding of witchcraft offenses and broaden horizons in the field of criminal and social law in Indonesia. This study aims to analyze witchcraft offenses in the Nusantara Criminal Code (Law Number 1 of 2023) and the evidence system. The method used in this study is in the form of a mixed method that combines normative juridical research with empirical data in the field.