Criminalizing Claims of Magical Harm: Evidentiary Construction and Legal Policy under Article 252 of the Indonesian Criminal Code

Abstract

Article 252 of Law Number 1 of 2023 concerning the Indonesian Criminal Code has generated considerable public debate because it is frequently perceived as a provision criminalizing witchcraft or supernatural powers. This article examines the criminal law policy, evidentiary construction, and socio-legal implications of Article 252 through normative juridical and socio-legal approaches. The study analyzes statutory provisions, legislative explanations, criminal law doctrines, evidentiary principles, and relevant socio-cultural literature. The findings demonstrate that Article 252 constitutes a formal offense that does not require proof of the existence or effectiveness of supernatural powers. Instead, criminal liability is based on objectively observable conduct, namely the declaration of possessing supernatural powers and the offering or provision of services claiming the ability to cause illness, death, or mental and physical suffering. The principal evidentiary challenge lies in proving the statutory elements through lawful evidence, including witness testimony, electronic communications, advertisements, and transactional records. From a socio-legal perspective, the provision reflects an attempt to balance legal rationality, public order, and social protection within a culturally pluralistic society where supernatural beliefs remain influential. Effective implementation therefore requires restrictive interpretation, rigorous evidentiary standards, and respect for constitutional guarantees of religious and cultural freedom.