PENERAPAN PEMBUKTIAN TERBALIK TERBATAS DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA KORUPSI

MICHIGANDI, ALFANO (2009) PENERAPAN PEMBUKTIAN TERBALIK TERBATAS DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA KORUPSI. S1 thesis, UAJY.

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Abstract

Corruption means the activity of every human either government or private of which violates the laws to conduct self-enriching activity or behalf to other person or corporative of which brings disadvantages to state financial. The implementation of reverse verification is limited in the resolution process of corruption criminal action case. The implementation of reverse verification in the resolution process of corruption criminal action case is a deviation in the criminal law of which is regulated in Criminal Code. Based aforementioned above background problem, thus the case emerging is the implementation of reserve verification in the resolution process of corruption criminal action case and the factors of which can influence the implementation of limited reverse verification in resolution process of corruption criminal action case. This research was normative legal research, i.e. a legal research of which is focused on the norm, and this research needs secondary data as primary data source of which gained from literary study such as relating regulations and literatures. The data gained was then analyzed descriptively-qualitatively, and then compiled systematically and presented in the shape of analysis. From this analysis it can be concluded in principally the implementation of limited reverse verification is almost similar to the usual ordinary. However, in limited reverse verification the defendant is given right to prove that the defendant did not conduct corruption criminal action as accused by the public prosecutor. The determination on the existence of right to prove that the defendant did not conduct corruption criminal action is firmly stated in the Article 37 Paragraph (1) of the Laws Number 31 of 1999 junction Article 37 Paragraph (1) the Laws Number 20 of 2001. It is different to usual verification in Criminal Code is not firmly stated that the defendant has right to prove, although in practice, the defendant is given by the judge opportunity to prove that he is guilty. In the implementation of limited reverse verification there are many factors of which influence the regulations of which mandate the implementation of limited reverse verification, the factor of professional legal apparatus either the judge or the prosecutor and the factor of the defendant himself, on the ground of limited reverse verification is a right given by the laws to the defendant, thus the defendant can use it. All of these are the considerations of the judge in providing any ver

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