The Principle of the Reverse Burden of Proof of Corruption Crimes in the Legal System in Indonesia

Abstract

This research aims to examine the application of the principle of reversal of the burden of proof in the context of criminal acts of corruption in Indonesia, especially in recovering state financial losses. Reversal of the burden of proof is a strategy adopted to facilitate the process of recovering illegally obtained assets, as stipulated in the Anti-Corruption Convention which advises participating countries to consider this approach if consistent with national legal principles. This research uses normative legal methods to describe existing problems, linked to legal theories and applicable laws and regulations. The approaches used include historical, legislative and conceptual approaches. The analysis was carried out descriptively, analytically and argumentatively.

In the context of Human Rights, the reversal of the burden of proof creates a dilemma, especially in relation to property rights, which fundamentally must be protected and respected. This research also considers the effectiveness of reversing the burden of proof in reducing criminal acts of corruption and the deterrent effect it has on perpetrators. Apart from that, a comparison of approaches between preventing corruption and imposing heavier sanctions to recover state losses was also discussed. The findings show that, although the system of reversal of the burden of proof has been implemented, challenges in its implementation are still relevant, especially in ensuring that this approach does not conflict with human rights principles.

The conclusion of this research emphasizes that reversal of the burden of proof can be an effective tool in eradicating corruption, as long as it is carried out by taking into account the balance between the need to repair state losses and protecting the human rights of the accused. Recommendations are aimed at improving the legal framework that supports the effective implementation of reversal of the burden of proof, which integrates legal, social and human rights aspects more harmoniously.

Keywords:Reversal of the Burden of Proof, Corruption Crimes, Positive Law, Human Rights, Return of Assets