The Reconstruction of the Reversal of the Burden of Proof Verificationin Corruption Delict

Soehartono Soemarto
Journal article International Journal of English Literature and Social Sciences • September 2018 Indonesia

Abstract

The reverse proof system adopted in the Act Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by the Act Number 20 of 2001 Amendment to thye Act Number 31 of 1999 is a limited and balanced reverse verification system. This is contained in the general explanation of the Act. One of the reasons for the application of a reverse proof system into positive law in Indonesia is that Corruption is not only considered as a crime that is detrimental to certain parties but a crime that is a violation of social and economic rights and has a negative impact on many parties. If we examined from the side of the formulation, it is necessary to reconstruct or reformulate the articles that govern the reverse proof system as stated in the Act on Corruption. Reformulation needs to be done with several basic reasons. One of the reasons is, for example, the process of proceeding (criminal procedural law of corruption) only applies a reverse verification system during the trial. Therefore, through this paper, it is described how the reconstruction of the regulation of the reverse proof system of corruption in the future by using normative legal research. Construction of proof is reversed in order to investigate, investigate the corruption so there are several alternative ideas; First, on the substance of the law, which directs the formulation of the norm of burden of proof upside down with an emphasis on legislation policy in accordance with the 2003 United Nations Anti-Corruption Convention (KAK) as a characteristic of a combination of the "Common law" legal system and the "Civil Law" legal system". Second, the construction of the law enforcement structure, namely placing officials of the Corruption Eradication Commission (KPK) all the way to the regions, especially the provincial areas. Third, construction in the culture of society, reconstructed their perspective by way of providing massive, structured, and systematic education emphasizing that corruption are extraordinary crimes.

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International Journal of English Literature and Social Sciences

The International Journal of English Literature and Social Sciences (IJELS) is a bimonthly, doubl... see more