Pembuktian Terbalik Kasus Tindak Pidana Korupsi Dalam Perspektif Hak Asasi Manusia

Abstract

Corruption is considered a great crime and requires special handling. In handling corruption, special handling is needed by using the proof reversed or reversal of the burden of proof but in a balanced manner. The purpose of this study is to explain the reverse evidence of corruption from a human rights perspective. This research uses the empirical normative legal research method, namely the combination of normative legal provisions (laws) with practical elements (legal events in society/social elements). The study results state that the theory of reverse proof of corruption cases based on a human rights perspective does not violate the principles and respect for the rights of the defendants in the general principles of criminal law.

Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes

“…In that case, efforts to eradicate corruption will only achieve maximum results. 23 The theory of reversed evidence or reversal of the burden of proof adopted by Indonesia is not pure or absolute but only a shift in the burden of proof. This is because the theory of reversed proof in pure or absolute terms will intersect with human rights, especially the implementation of the provisions of criminal procedure law.…”

“…In that case, efforts to eradicate corruption will only achieve maximum results. 24 The procedural process of Criminal Justice in the realm of money laundering offense is oriented of them toward the return of criminal assets through the reverse burden of proof method in the UK and several other common law countries the process uses the practice of non conviction-based forfeiture which separates the aspect of asset owners on the one hand and the aspect of criminal assets on the other hand the reverse burden of proof does not violate human rights because it is based on the theory of balanced reverse burden of proof the difference that is still a conception that must be developed in the problem of reverse form in PPPU is the retrieval of criminal assets against more in corruption crimes. The United Kingdom and other European countries have used civil channels to return assets from money laundering crimes.…”