PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI
| Main Author: | LAURE, PITHER EDUARD |
|---|---|
| Format: | Article info Journal |
| Bahasa: | ind |
| Terbitan: |
FAKULTAS HUKUM UNIVERSITAS WARMADEWA
, 2017
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| Online Access: |
http://fh-warmadewa.ac.id/e-jurnal/index.php/LAW/article/view/139 http://fh-warmadewa.ac.id/e-jurnal/index.php/LAW/article/view/139/138 |
Daftar Isi:
- Republic Indonesia is a country whose ideology, which the state based on law that is based on Pancasila and the Counstitution of 1945. People who commit crimes of coruption are those who do not understand the life of the nation. Although in Indonesia does not have clear laws on the reverse burden of proof because there is still little evidence contrary to Criminal Code Procedures, but in the law of corruption ussed in Indonesia will admit of proof, where a suspect can prove to the judge that the charges against him it is not true. From these problems that will be researched are : (1) How the arrangement of proof reversed in corruption, (2) How the implementation of proof reversed in corruption. The research methods used in this study is a normative legal research, the method or methods used in legal research conducted by examining the existing libary materials. Studying the problems by looking at the existing regulations, and describes the problems that occur in practice or in daily life of the community. From research done show that the formulation of evidence that is implemented into law No. 20 of 2001 on the change in the law No. 31 of 1999 is as set forth in article 37, which reads : The defendant has the right to prove that he/she did not commit corruption, in which case the defendant can prove that he/she was not quilty of corruption, it shall be used as a profitable thing for him. The public prosecutor still be obliged to prove the charges. Indonesian criminal justice system in Criminal law covering material and formal criminal law. Material criminal law contained in the Criminal Code and outside of the Criminal Code. Later formal criminal law rooted in law No. 8 of 1981 about Criminal Procedures Code. Therefore, the general crimes in the Criminal Code and the special crimes outside the Criminal Code as well as corruption familiar with the rules of evidence. That the system reverse burden of proof applied in a limited and spesific to the acts, namely gratification, bribery, plunder wealth of the defendant, the crime of narcotics and money laundering.Every law enforcement officer needs to find a format and a cammonperception in carrying out reverse proof, so that reverse proof though a relatively new system and the scope of its application is narrow butdoes not create a doubt law enforcement to apply it. Keyword : Proof Reversed, Coruption.