ANALISIS YURIDIS BEBAN PEMBUKTIAN TERBALIK DALAM PERKARA TINDAK PIDANA KORUPSI DI INDONESIA
Abstract
Corruption in Indonesia continues to show an increase from year to year.
The application of a system of reversing the burden of proof in cases of corruption
is an unavoidable reality, especially the eradication of the Corruption Crime.
Several cases handling indicated that this reversed burden of proof is still not free
from problems that contradict the principle of presumption of innocence in its
application because it places the burden of proof on the defendant.
This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. In this study the authors conducted a
study of the principles of law by utilizing descriptive methods. Data collection
techniques used in the Normative Legal Research are library research methods
(library research) which uses the library as a means of collecting data, by
studying books as reference material related to the problems to be studied.
The conclusion that can be drawn from the results of the study is that the
application of the reverse burden of proof against corruption cases in Indonesia is
still a polemic. There are pros and there are also cons. The provisions of the
inverse proof norm still give rise to multiple interpretations. The application of a
reversed proof system is contrary to the principle of presumption of innocence as
regulated in the Criminal Procedure Code, but still believes that the lex specialist
derogat lex geneali principle applies so that this is one of the means that can be
taken to eradicate corruption. Strengths and weaknesses in applying the reverse
burden of proof in corruption cases in Indonesia, among others, facilitate law
enforcement officers such as police, public prosecutors and judges. In the reverse
proof system, the suspect/defendant is considered guilty, so he is asked to prove
his innocence. With the evidence carried out by the defendant himself, it can
expand the source of evidence.
Keywords: Juridical Analysis, Reverse Evidence, Corruption
The application of a system of reversing the burden of proof in cases of corruption
is an unavoidable reality, especially the eradication of the Corruption Crime.
Several cases handling indicated that this reversed burden of proof is still not free
from problems that contradict the principle of presumption of innocence in its
application because it places the burden of proof on the defendant.
This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. In this study the authors conducted a
study of the principles of law by utilizing descriptive methods. Data collection
techniques used in the Normative Legal Research are library research methods
(library research) which uses the library as a means of collecting data, by
studying books as reference material related to the problems to be studied.
The conclusion that can be drawn from the results of the study is that the
application of the reverse burden of proof against corruption cases in Indonesia is
still a polemic. There are pros and there are also cons. The provisions of the
inverse proof norm still give rise to multiple interpretations. The application of a
reversed proof system is contrary to the principle of presumption of innocence as
regulated in the Criminal Procedure Code, but still believes that the lex specialist
derogat lex geneali principle applies so that this is one of the means that can be
taken to eradicate corruption. Strengths and weaknesses in applying the reverse
burden of proof in corruption cases in Indonesia, among others, facilitate law
enforcement officers such as police, public prosecutors and judges. In the reverse
proof system, the suspect/defendant is considered guilty, so he is asked to prove
his innocence. With the evidence carried out by the defendant himself, it can
expand the source of evidence.
Keywords: Juridical Analysis, Reverse Evidence, Corruption
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