Analisis Yuridis Normatif Pasal 293 RUU KUHP Nasional tentang Tindak Pidana Penawaran Jasa Penggunaan Kekuatan Gaib

Abstract

Criminal offense the use of services offering a magical power that article to be accommodated in the concept / Draft Law Book of Law Criminal Law (draft-Penal Code). One of these is a form of witchcraft witchcraft which is a magical power that can cause its victims become ill or even cause death. But whether the provisions of Article 293 of the Criminal Code in the Bill can be applied and still needs to be proven normative juridical analysis. In this regard it is for the criminal offense the use of services deals occult powers must be completely implemented and verified pursuant to Article 183 of the Criminal Procedure Code 2 (two) the evidence needed in filing a criminal. Likewise on sanctions for the crime of services offering the use of supernatural powers in Article 293 bill-Criminal Code is given the threat of five (5) years, in which if it turns out the use of occult powers / witchcraft that cause death means such offenses including "the crime of material" whose consequences to the threat of sanctions provided in Article 293 bill-criminal Code less relevant, where should the penalties are the same as the penalty on the crime of murder in the category of "the crime of material" which focuses on the impact the 15 (fifteen) years or a lifetime Special to the cause of death.