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Journal : Al-Mizan (e-Journal)

The Existence of Legal Aid Institutions as Embodiments of Principle of Equality Before the Law Arhjayati Rahim; Noor Asma; Astika Hunawa
Al-Mizan (e-Journal) Vol. 14 No. 2 (2018): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (499.545 KB) | DOI: 10.30603/am.v14i2.937

Abstract

This study discusses the existence of Legal Aid Institutions in providing legal assistance, and the implementation of the provision of legal assistance to the community so as to realize the principle of equality before the law. Research locus was conducted in South Sulawesi Province (LBH Makassar, PBHI) and in Gorontalo Province (LBH FSE Sultan Amai Gorontalo IAIN, LBH Ichsan, YLBHI). The results showed that the existence of Legal Aid Institutions can provide satisfaction and a positive response from the community who consider that when dealing with the law it must be expensive but with the existence of legal aid institutions the poor can get free legal services at no cost, but there are still many poor who do not yet know about the existence of facilities and containers provided by the State in terms of providing free legal assistance. The implementation of legal assistance which is the goal of legal aid agencies for the poor has been carried out well even though in the field implementation many obstacles have been encountered in maximizing legal aid services at the research sites.
Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi: (Studi Perkara Nomor: 22/Pid.Sus-TPK/2018/PN.Gto) Arhjayati Rahim; Madinah Mokobombang
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1897

Abstract

Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a criminal act of corruption. This study aims to determine the arrangement of the shifting burden of proof system in cases of corruption and the application of the shifting burden of proof system in cases of corruption in Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto. This type of research is a literature analyzed with a normative juridical approach. The results of the research show that the Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto, seen from the evidence that in terms of the application of reverse evidence, the defendant exercised his right to carry out shifting burden of proof. However, the defendant did not prove that the property he had obtained was not the result of a criminal act of corruption, even though it was his obligation to prove this, so that the right to shifting burden of proof evidence was not fully utilized by the defendant.