PROBLEMATICS OF EVIDENCE IN CORRUPTION CASES A REVIEW OF THE APPLICATION OF THE PRINCIPLE OF REVERSAL OF BURDEN OF PROOF IN INDONESIAN CRIMINAL PROCEDURE LAW

Abstract

Corruption in Indonesia has long been categorized as an extraordinary crime that requires special and extraordinary legal handling. However, the criminal procedure law approach used to date still relies on the normative framework in Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP) which is general and conventional. This study aims to analyze the gap between the characteristics of corruption crimes and the available criminal procedure law instruments, as well as to describe the urgency of updating the criminal procedure law system in order to increase the effectiveness of law enforcement against corruption crimes. Through a normative legal approach and literature study of legal documents, academic literature, and judicial practices, this study found that the Criminal Procedure Code has not been able to answer the challenges of corruption crimes which are complex, closed, and cross-sectoral. Mechanisms such as justice collaborators, plea bargaining, wiretapping, and protection of reporters have not been fully and integrally accommodated in the current legal procedure system. This imbalance results in weak effectiveness of evidence and raises doubts about the legitimacy of the criminal justice process. Therefore, criminal procedural law reform is needed that not only accommodates the need to eradicate corruption efficiently and accountably, but also guarantees the protection of human rights, legal certainty, and a balance between the rights of suspects and the public interest. Recommendations in this study include formal integration of justice collaborator protection, legalization of plea bargaining mechanisms, strengthening the legitimacy of electronic evidence, and harmonizing the coordination of law enforcement agencies in the process of investigating and prosecuting corruption crimes.