STUDY ON THE REVERSE BURDEN OF PROOF BASED ON ISLAMIC LAW AND INDONESIAN POSITIVE LAW

Dahwal, Sirman (2016) STUDY ON THE REVERSE BURDEN OF PROOF BASED ON ISLAMIC LAW AND INDONESIAN POSITIVE LAW. South East Asia Journal of Contemporary Business, Economics and Law,. pp. 1-6. ISSN 2289-1560

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Abstract

One of the main agenda of the Indonesian government today is to eradicate corruption, which is already entrenched, in fact has become a way of life. The lawyers argue that the cause of corruption in Indonesia, among others, are as follows: First, people assess that the government slow to solve the problem of corruption. Second, the lack of real government to take steps to eradicate corruption. Thirdly, the problem of corruption eradication in Indonesia is very complex. Unbalanced between the expectations of society with legal procedures to be followed. Society requires that all cases of alleged corruption to be resolved; While necessary to complete the correct legal procedures. Fourth, according to the study, Indonesia is the most corrupt country, but when the judicial process against the corruption cases held, it appears that Indonesia became the country's most clean of corruption. So as to overcome these problems, one solution offered is to apply the principle of reversed burden of proof as an effective alternative for resolving cases of alleged corruption in Indonesia. Actually there are many causes of corruption in Indonesia, but the author of four alone suffice as a description of the "face" prosecution case in the framework of law enforcement and justice in Indonesia; how truth and justice it is now very difficult in the can. Then the question arises, why is that? Experts looking for the answer, and many of them conclude that lies the problem of which is the legal system in Indonesia. In investigating a criminal case, Indonesia applies the principle of pre-guess the innocent. The principle that treats the suspect as a clean, honest, and without fault until proven otherwise. This means that law enforcement authorities are obliged to prepare strong evidence beforehand to strengthen its claim to be "ensnare" suspects with criminal provisions. In fact, to obtain such evidence, in the case of corruption, is a job that "extra" difficult, because the perpetrators of corruption are usually those who "know" about the law.

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