Reversal burden of proof on corruption in Indonesia


  • Hibnu Nugroho General Soedirman University, Indonesia



perspective, reversal burden of proof, corruption, conviction, breakthrough


Corruption becomes the greatest enemy most countries face including Indonesia. Commitment to eradicate corruption significantly increases yet it would be meaningless if it is not supported by adequate legislation to implement the law effectively. Reversal burden of proof essentially aims to facilitate law enforcers to seek and disclose assets a suspect owns allegedly as corruption crime. The principle of reversal burden of proof was originated from Anglo-Saxon countries and this still applies to certain cases such as bribery-related gratifications as Malaysia and Singapore implement. In Indonesia, provisions on the principle of reversal burden of proof have been long recognized even since 1960 on the first law on corruption crimes. Nevertheless, for more than a half of century, the provision on reversal burden of proof has never been implemented. It occurs since articles which govern the issues barely provide clear regulation. It only mentions the principle yet never issues an implemented regulation to support the principle. In regards to this, the research is aimed at investigating, seeking and analyzing the weaknesses in implementing the principle of reversal burden of proof in corruption crimes recently as well as discussing obstacles in law enforcement.

Author Biography

Hibnu Nugroho, General Soedirman University

Hibnu Nugroho is a professor at The Law Faculty of General Soedirman university, has been conducting research on Corruption crimes for more ten years and currently as a lecturer and also a national anti corruption conselor


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How to Cite

Nugroho, H. (2018). Reversal burden of proof on corruption in Indonesia. Problems of Legality, (140), 175–182.