Tadulako Master Law Journal
Vol 2, No 2 (2018): JUNE

REVERSAL BURDEN OF EVIDANCE ON A CRIMINAL CORRUPTION IN INDONESIA

Hasnawati, Hasnawati (Unknown)



Article Info

Publish Date
30 Jun 2018

Abstract

The research aim are to know the implementation of strict evidence in corruption committed in Indonesia and the constraint or obstacle faced by the corruption agency. The method of this research was normative juridical, because the research about reversal burden of proof of corruption in crime in Indonesia, which data obtained from primary, secondary, and tertiary legal materials. Research result reveal that implementation of proof in corruption cases is often felt to be ineffective and very burdensome to the Investigator apparatus therefor  two theories of proof, namely the free theory embraced by the dependent and negative theory according to the law adopted  by the public prosecutor or ordinary commonly called the theory reversal burden of  limited proof and in balance , the dependent has the right to proved that he has not commited a criminal act of corruption and that the prosecutor still has the duty to verify the indictment. The obstacles faced by law enforcement in implementing the burdening system of proof on the handling of corruption crime, namely the Contraints for the public Prosecutor and the obstacle for the judge divided into 2(two) types, namely : Juridical and Non Juridical Contrains

Copyrights © 2018






Journal Info

Abbrev

TMLJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

TADULAKO MASTER LAW JOURNAL is published by Tadulako University Palu-Central Sulawesi Indonesia. TADULAKO MASTER LAW JOURNAL is an open-access peer-reviewed journal that mediates the dissemination of academicians, researchers, and practitioners in the law. TADULAKO MASTER LAW JOURNAL accept ...