Asas Praduga Tak Bersalah (Presumption Of Innocence) Pada Pembuktian Terbalik Tindak Pidana Korupsi

Abstract

Corruption is an extraordinary crime that requires an unconventional legal approach, including the use of a reverse burden of proof system. On the other hand, the Indonesian criminal law system upholds the principle of the presumption of innocence, as stipulated in the 1945 Constitution, the Criminal Procedure Code, and human rights instruments. This study aims to examine the relationship between the principle of the presumption of innocence and the application of reverse burden of proof in corruption cases. The method used is normative legal research with a statutory, conceptual, and comparative approach. The results of the study indicate that although reverse burden of proof contributes to the effectiveness of eradicating corruption, its application must still be in line with the principles of human rights protection. The main conclusion is that the principle of the presumption of innocence and reverse burden of proof can run in harmony if its application is limited proportionally, especially in the crimes of gratification and money laundering, and still guarantees the defendant's right to a fair defense in court.