Reversed Proof in Law Enforcement of Money Laundering Cases Originating from Corruption

Abstract

This study aims to analyze the effectiveness of law enforcement of the reversed burden of proof system in money laundering crimes originating from corruption cases. The research method used by the author in conducting this research is the Normative Juridical research method. This study uses the Criminal Proof Theory Approach, the Legal System Theory in the Perspective of Lawrence M. Friedman and the Theory of Legal Objectives in the Perspective of Gustav Radbruch. Based on the research conducted, the following results were obtained: 1) The reversed burden of proof system in the legal system in Indonesia is an extraordinary legal instrument created by the government in order to eradicate extraordinary crimes such as corruption and money laundering. The reverse burden of proof system in Indonesia applies a limited and balanced reverse burden of proof system, this is based on the defendant still getting legal protection for his rights related to the principle of presumption of innocence and self-blame (non-self-incrimination). 2) The current system of proof for corruption cases still has shortcomings and weaknesses in the law enforcement process, proof of corruption cases still uses the concept of proof based on the Criminal Code where the burden of proof lies with the public prosecutor (JPU), law enforcement officers cannot use the reverse burden of proof system as regulated in the law on corruption because there is no mechanism or procedure for how the reverse burden of proof system is applied. 3) The application of the reverse burden of proof system in law enforcement of money laundering cases originating from corruption is expected to increase the effectiveness of proof for law enforcement of these cases, increase penalties for perpetrators so that they can provide a greater deterrent effect and be able to maximize the return of state financial losses.