Refleksi Hukum: Jurnal Ilmu Hukum
Vol 5 No 2 (2021): Refleksi Hukum: Jurnal Ilmu Hukum

PEMBUKTIAN TERBALIK PADA TINDAK PIDANA PENCUCIAN UANG

Sahuri Lasmadi (Unknown)
Elly Sudarti (Unknown)



Article Info

Publish Date
29 Apr 2021

Abstract

This research is motivated by the difficulty of the proving process in the crime of money laundering in which mechanism to reverse the burden of proof is used during examination in court. This research is normative legal research, using a statutory, conceptual, and case approach. From the results of this research, it can be concluded: (1) Reverse evidence is applied to the assets of the defendant, both for active money laundering (Article 3 and Article 4) and passive money laundering (Article 5). However, the concept of reverse proof is not clearly and explicitly explained in the PP TPPU Law, confusing its implementation in court. (2) If the defendant succeeds in proving, the assets are still under the control of the accused and his heirs. On the other hand, if the defendant fails to prove, the defendant's assets will be confiscated by the State after a binding court decision is released.

Copyrights © 2021






Journal Info

Abbrev

refleksihukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

REFLEKSI HUKUM is a peer-review scholarly Law Journal issued by Faculty of Law Satya Wacana Christian University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). REFLEKSI HUKUM accepts ...