Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Limited Reerse Evidentiary System in the Basic Perspective of Presumption of Innocence

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306387,
        author={Sugeng  Riyadi and Zudan Arief Fakrulloh},
        title={Limited Reerse Evidentiary System in the Basic Perspective of Presumption of Innocence},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={money laundring; limited reverse proof system; principle of presumption of innocence},
        doi={10.4108/eai.6-3-2021.2306387}
    }
    
  • Sugeng Riyadi
    Zudan Arief Fakrulloh
    Year: 2021
    Limited Reerse Evidentiary System in the Basic Perspective of Presumption of Innocence
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306387
Sugeng Riyadi1,*, Zudan Arief Fakrulloh1
  • 1: Borobudur University, Indonesia
*Contact email: sugengunboro@gmail.com

Abstract

The Reverse Proof System is Limited and Balanced based on Article 77 of Law No. 8 of 2010 and the provisions of kuhap. The evidence of the reverse is limited and balanced", that the defendant has the right to prove that he did not commit the crimes alleged against him and the public prosecutor is still obliged to prove his indictment. The arrangement creates concerns for perpetrators of money laundering crimes, because the reverse evidentiary system can not necessarily be implemented optimally, given that there are some juridical problems that are likely to occur, namely contrary to the Basic Principles of Criminal Law, namely the principle of presumption of innocence. On the other hand, the system adopted is also contrary to Law No. 48 of 2009, that which can bring out the wrong verdict or not a person is a judge. This research method uses normative juridical research. The result of this research is that the provisions of Article 77 of Law No. 8 of 2010 need to be changed so as to provide legal certainty for the accused and not contrary to the principle of presumption of innocence and the system adopted in Law No. 48 of 2009.