Open AccessAnalisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi
Author(s) -
Arhjayati Rahim,
Madinah Mokobombang
Publication year - 2020
Publication title -
al-mizan
Language(s) - English
Resource type - Journals
ISSN - 2442-8256
DOI - 10.30603/am.v16i2.1897
Subject(s) - commit , language change , normative , public prosecutor , obligation , burden of proof , law , criminal law , political science , computer science , philosophy , linguistics , database
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.