Reversal burden of proof on corruption in Indonesia

Hibnu Nugroho

Abstract


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.


Keywords


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

Full Text:

PDF

References


Elwi, Danil. (2012). Corruption, Concept, Crimes and its Eradication. Jakarta: Rajawali Pers.

Mukti, Harry. (2011). Reversal Burden of Proof in Corruption Crimes through Juridical Sociological Perspectives. Humaniora. Journal, Vol 8, No. 2. Surabaya: Erlangga University.

Rampengan, Margareth Carla. (2015). Functions of Report of Audit Findings (LHP) of National Audit Board (BPK) in Corruption Crimes. URL: http://ejournal.unsrat.ac.id/index.php/lexcrimen/ article/download/1575/1267.

Rukmini, Mien. (2003). Human Rights Protection through Presumption of Innocence and Equality before Law Principles inIndonesiaCriminal Justice System. Bandung : PT Alumni.

Wiriadinata, Wahyu. (2012). Preversal Burden of Proof in Corruption Crimes. Jurnal Legislasi Indonesia, Vol 9, No. 2. Constitutional Court, Bandung.


GOST Style Citations






DOI: https://doi.org/10.21564/2414-990x.140.121442

Article Metrics

Metrics Loading ...

Metrics powered by PLOS ALM

Refbacks

  • There are currently no refbacks.




Copyright (c) 2018 Hibnu Nugroho

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

ISSN 2224-9281