A Review of the Principle Geen Straf Zonder Schuld in Criminal Liability for Fraud Through Mystical Ritual Modus

Abstract

A criminal act refers not only to conduct prohibited by law but also to conduct punishable by criminal sanctions. The principle of criminal responsibility holds that no one shall be punished without fault (geen straf zonder schuld). Although not codified in written law, this principle applies as part of unwritten legal norms. In the current era of globalization and technological advancement, rational and modern thinking has not entirely replaced mystical beliefs within society. Many Indonesians, regardless of their level of education, still hold strong beliefs in mystical practices. In criminal law, all parties involved in a crime, including accomplices, may be held criminally liable. This study aims to formulate the elements of fraud as a criminal offense and to examine the application of the geen straf zonder schuld principle in cases of fraud committed through mystical ritual schemes. The method employed in this research is normative juridical, using both statutory and conceptual approaches. The core research questions addressed are: how is the delict of fraud through mystical rituals normatively formulated, and how does the geen straf zonder schuld principle apply in such cases? The study concludes that the normative formulation of fraud in this context lies in the deceptive acts or efforts used by perpetrators to persuade victims to believe in mystical or supernatural claims. The principle of geen straf zonder schuld underscores that criminal liability must be based on fault, and although not explicitly codified, it remains valid as part of Indonesia’s unwritten legal doctrine.