Penerapan Asas Pembuktian Terbalik dalam Pemeriksaan Tindak Pidana Korupsi di Sidang Pengadilan

Abstract

This study examines the application of the reverse burden of proof principle in the trial of corruption crimes, a legal principle that places the burden on the defendant to prove that their assets were legally acquired. The study employed a normative and empirical juridical approach, using literature study methods, analysis of court decisions, and interviews with judges, prosecutors, and relevant legal practitioners. The results indicate that the application of the reverse burden of proof principle in Indonesia is regulated by Law Number 20 of 2001 concerning the Eradication of Corruption. However, its implementation within these boundaries still faces obstacles, such as limited evidence, understanding by law enforcement officials, and protection of the rights of defense attorneys. This study concludes that the successful application of the reverse burden of proof principle requires alignment between legislation, court implementation, and strengthening the capacity of law enforcement officials, while still paying attention to the principles of justice and human rights. These findings are expected to provide input for legal reform and the practice of corruption law enforcement in Indonesia.