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All Journal LAW REFORM Al-Amwal : Journal of Islamic Economic Law PAMALI: Pattimura Magister Law Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Studi Multidisiplin Ilmu Lentera Negeri
Agustinus Purnomo Hadi
Sekolah Tinggi Hukum Militer
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reversal of the Burden of Proof in Money Laundering: A Legal Economic and Business Ethics Perspective Agustinus Purnomo Hadi; Arizon Mega Jaya; Aristama Mega Jaya
Al-Amwal : Journal of Islamic Economic Law Vol. 11 No. 1 (2026): Al-Amwal : Journal of Islamic Economic Law
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v11i1.10354

Abstract

Background: Money laundering originating from corruption has become a serious issue that not only affects law enforcement but also undermines economic stability and business integrity. The practice distorts market mechanisms, creates unfair competition, and contradicts ethical principles in both conventional and Islamic economic systems. Objective: This study aims to analyze the application of the reversal of the burden of proof in money laundering crimes derived from corruption, as well as to examine its role from the perspective of legal economics and business ethics, including Islamic business ethics. Method: This research employs a normative juridical method with statutory and conceptual approaches. Legal materials are collected through literature studies, including legislation, academic journals, and relevant legal doctrines, and are analyzed using qualitative legal interpretation. Results: The findings indicate that the reversal of the burden of proof is an effective legal mechanism in uncovering illicit assets and supporting law enforcement in money laundering cases. From a legal economic perspective, this mechanism contributes to reducing information asymmetry, enhancing transparency, and preventing market distortions. From a business ethics perspective, it promotes accountability and discourages unethical financial behavior. Furthermore, in the framework of Islamic business ethics, money laundering is inconsistent with principles such as honesty (ṣidq), trustworthiness (amānah), and justice (‘adl), thereby justifying stronger legal enforcement. Contribution: This study contributes by integrating criminal law analysis with legal economic and ethical perspectives, particularly Islamic business ethics, thus offering a more comprehensive approach to combating money laundering and strengthening ethical economic systems.
Independent investigation and inquiry body as a solution for the protection of citizens’ human rights Prastopo, Prastopo; Hadi, Agustinus Purnomo; Rita, Jelli; Jaeni, Ahmad; Sugianor, Sugianor
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/991770

Abstract

The protection of human rights in criminal procedure requires not only formal legal guarantees but also an institutional design capable of ensuring independent and impartial investigations. In Indonesia, the concentration of investigative authority within the Indonesian National Police (POLRI) raises concerns regarding the effectiveness of such independence. This study aims to examine whether the current institutional framework under Law No. 20 of 2025 on the Criminal Procedure Code is capable of guaranteeing objective and accountable investigative processes. This research employs a doctrinal legal approach, using statutory and conceptual analyses based on legal materials collected through systematic library research. The analysis applies textual, systematic, and teleological interpretation, supported by deductive reasoning to evaluate the institutional design of investigative authority. The findings indicate that limitations of investigative independence stem from structural factors, including concentration of authority, budgetary dependence, hierarchical organizational culture, and weak oversight mechanisms. These conditions constrain objective law enforcement and weaken human rights protection. This study proposes an Integrated Oversight Framework that combines internal reform, judicial control, and public accountability as a layered model of oversight. However, the framework remains normative and requires further empirical validation and institutional feasibility analysis.
Co-Authors Ahmad Jaeni Alfiyana Fitri Hana Ani Maryani Ani Maryani, Ani Aristama Mega Jaya Arizon Mega Jaya Hambali Hambali Ira Wayuni M. Ali Ridho Meighitine, Suci Mulyono Mulyono Nanik Tulak Ridwan, Ridwan Rita, Jelli Santoso, Imam Budi Siregar, Nobel Patar Suci Meighitine Sugianor, Sugianor Taun, Taun Tetelepta, James Chris Deweighat