CD Skripsi

Analisis Yuridis Terhadap Beban Pembuktian Terbalik Pada Tindak Pidana Korupsi Di Indonesia

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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.
The purpose of this study was to determine the application of the law
regarding the reversed burden of proof on corruption in Indonesia and to find out
the advantages and constraints in applying the reversed burden of proof in
corruption cases in Indonesia.
This type of research is classified as normative legal research, namely legal
research conducted by researching library materials. In this study the authors
conducted research on legal principles by utilizing descriptive methods. The data
collection technique used in Normative Legal Research is a library research
method, namely using the library as a means of collecting data.
The conclusion that can be drawn from the results of the study is that the
application of the reverse burden of proof on 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 the
reverse proof system is contrary to the principle of presumption of innocence that
has been 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. The advantages and disadvantages of
applying the reversed burden of proof in corruption cases in Indonesia include
making it easier for 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. The weaknesses include
the suspect and the defendant being the object because confession is an important
piece of evidence. It has the potential as an effective block mailing tool to enrich
oneself and other forms of abuse of law enforcement and is also constrained by
the ambiguity and incoherence of the formulation of norms in it.
Keywords: Juridical Analysis, Reverse Evidence, Corruption

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1509117495

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1509117495

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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