PEMBAHARUAN KEBIJAKAN HUKUM PIDANA TERKAIT BEBAN PEMBUKTIAN PADA TINDAK PIDANA KORUPSI DALAM RANGKA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA

This research aims to find out and analyze about how the criminal law policy reform related to the burden of proof theory can be used as the legal instruments in order as a tool to recover the state financial losses. This research has the type of Normative legal research, which has done by examining the library materials or the secondary data. The result for this reserach explain which Presumption Of Guilty is very urgent to be contained on the Eradication Of Corruption Crime Law Policy and it is considered to implement as immediatly. The application of the Presumption Of Guilty theory should be limited only on the evidance step on the trial only. Through the method of reversing the burden of proof, which expected to eliminate the difficulties of Eradication on the Corruption Crime Law Policy which faced during this time. Therefore, it is reasonable if the legislators still desire to contained the reversing of the burden of proof system on the Corruption Crime Law Policy, so it should be able to find out the base of law, which is by making the presumption of guilty to become the foundation or the philosophy which has function as the base of law. Then, level of the principle to be implemented as a norm, so that the policy about the burden of proof can be included on every article clause in the Corruption Crime Law Policy. Legal rules which is in the context of eradicating corruption also should be developed progressively according to the development of times, to reduce the left behind and get lose of current corruption modes nowadays.  Keywords: Criminal Law Policy, Burden of Proof, Corruption