Perampasan Aset Terpidana Tindak Pidana Korupsi Berdasarkan Asas Pembuktian Terbalik

Abstract

The seizure of assets belonging to perpetrators of corruption is a critical mechanism for recovering state financial losses and deterring white-collar crime. However, traditional evidence mechanisms often face significant obstacles in tracing and confiscating assets hidden or laundered by corrupt actors. This research examines the implementation of asset seizure against convicted corruption offenders through the lens of the reverse onus principle (asas pembuktian terbalik). Utilizing a normative juridical approach with statutory and conceptual frameworks, this study analyzes how the reverse onus principle shifts the burden of proof from the prosecutor to the defendant to prove the legitimate origin of their assets. The findings indicate that while the reverse onus principle offers an effective legal instrument to optimize asset recovery and overcome evidentiary hurdles in corruption cases, its implementation must be carefully balanced with the protection of human rights and constitutional guarantees. Therefore, a harmonized regulatory framework is essential to ensure that asset confiscation remains legally accountable, transparent, and aligned with the principles of justice.