http://www.theage.com.au/world/black-magic-may-still-weave-a-spell-over-indonesian-law-20130308-2fqyb.html

Black magic may still weave a spell over Indonesian law
  Date March 9, 2013 
Michael Bachelard
Indonesia correspondent for Fairfax Media

 
Legislating against "black magic", adultery and living outside of wedlock: 
Indonesia's President Susilo Bambang Yudhoyono. Photo: AFP

Australian travellers to Indonesia beware: smuggling drugs will still earn you 
a jail sentence but, if an official draft of the country's new criminal code 
becomes law, so could practising ''black magic'', adultery and living outside 
wedlock.

The new draft law is supposed to modernise Indonesia's 1918 Criminal Code, last 
updated in 1958, but some of its proposals constitute a step back to the Middle 
Ages.

In this country where many people believe they could be killed, injured or 
robbed by a sorcerer using black magic, news portal Detik.com's report on 
Thursday that people guilty of using black magic to cause ''someone's illness, 
death, mental or physical suffering'', face up to five years in jail or 300 
million rupiah ($31,000) in fines would be welcome.

Even claiming to have the power to cast dark spells would become a criminal 
offence under the new code and, if the magic was performed for financial gain, 
the penalty would increase by one-third. However, ''white'' magic would remain 
legal.

Commentators quoted in the Jakarta Globe newspaper agreed it may be difficult 
to find hard evidence for these offences.

The new criminal code, which was drafted by the country's Ministry of Justice 
and Human Rights and circulated this week to parliamentarians, also highlights 
the growing sense of religious puritanism in Indonesia, taking a stronger line 
on moral ''offences''.

Indonesian law has long contained criminal sanctions against adultery, but in 
the new 500-page draft, the penalties have been beefed up considerably; those 
caught straying outside the marital bed could find themselves spending up to 
five years on a prison pallet.

Ministry spokesman Goncang Raharjo said the existing maximum penalty for 
adultery of nine months had failed to stop the practice, so ''we increased the 
sanctions to prevent people from easily committing adultery''. Living together 
outside wedlock would also be criminalised for the first time, earning 
cohabiters up to one year in jail and putting it on a par with prostitution.

All the provisions in the new law, including those related to the dark arts, 
were included for the good of the people, the ministry insisted.

An MP from President Susilo Bambang Yudhoyono's Democrat Party, Khatibul Umam 
Wiranu, agreed with the new proposals when contacted by the Jakarta Globe, but 
said of witchcraft that charges should be ''based on fact-finding, not [just] 
on someone's statement''.

As for adultery, it was ''the beginning of many social problems'', so the 
sentence ''should deter offenders, [and] nine months is not long enough''. But 
five years was ''too long'', he said.


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