RECONSTRUCTION ON CORRUPTION ACT AND SHIFTING BURDEN OF PROOF ON THE SETTLEMENT OF CORRUPTION

Abstract

The reversal burden of proof is a rule of law requiring someone to prove his wealth. Someone suspected of corruption or bribery case can deny the accusation if he is able to show the proof of the source of his wealth.

Generally, the reversal burden of proof is not applied in Indonesia since the Indonesian law does not follow the reversal burden of proof principle. Therefore, the cases of overweight piggy banks involving several officials that may be indicted in corruption or bribery scandals are only partially proven and largely free from lawsuits where one of the underlying reasons is insufficient evidence.

Actually, there is a special law regulating corruption i.e. by giving full authority to the Corruption Eradication Commission (KPK) to fight against corruption. However, the Indonesian law has not been effective to entrap corruptors though the Corruption Eradication Commission (KPK) has worked hard for seven years and Indonesia still becomes the most corrupt country in south-east Asia. This is the worst achievement made by the officials and it is still maintained by the Indonesian officials.

Keywords: corruption, crime, bribery, the reversal burden of proof.