BEBAN PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI (GRATIFIKASI)

MAHENDRA, DANAN (2007) BEBAN PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI (GRATIFIKASI). S1 thesis, UAJY.

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Abstract

Reformation took place since 1998, but the eradication of corruption was still being not yet maximal, many corruption case which not yet been revealed. one of its cause is the difficulty for proving by using KUHAP system, so that reversed burden of proof represent one of the way for effectively fight against corruption. The initial problem lies in how the implementation from reserved burden of proof to resolved corruption crime (gratification). Therefore the purpose of this research is to know how applying reversed burden of proof in corruption crime (gratification). The method applied within this research is the study of normative law, focusing on norm and using secondary data as primary data, that is primary sources of law, namely legislation correlated with the research, and secondary sources of law namely legal opinion, research results, and literatures correlated with the research. The result of this research is the effectiveness of implementation reversed burden of proof really depended on the public prosecutor's capacity in gathering beginning evidences of at least 2 legal evidences, where this evidence filled elements in the accusation letter and if the proven defendant was guilty then the judge in deciding also must relate in the provisions of the article 183 KUHAP. Therefore the writer of this research suggest, in purpose to make implementation of revesed burden of proof effective, the public prosecutor in making the accusation letter only used the form primair-subsider not the alternative or cumulative, if the primary accusation was unproven, the defendant could be still being snared with the accusation subsider that took the form of another passive bribes.

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