Implementation of Restorative Justice with Obligation of Reversal Burden of Proof as an Attempt to Restitute State Losses for Justice in the Crime of Money Laundering with Predicate Crime of Corruption

Abstract

Restitution of state losses in the Prevention of the Crime of Money Laundering (TPPU) should be an important concern in law enforcement in Indonesia. This study aims to examine the Restorative Justice Mechanism with the obligation of restitution burden of proof in order to justify state losses in the crime of money laundering with corruption crime in accordance with the concept of Indonesia as a legal state. The author also identifies why it is necessary for Indonesia. In addition, the steps of the implementation of Restorative Justice are also analyzed. In this study, Juridical Normative is employed to analyze the data by focusing on library research. The author described a circumstance, condition, and legal events in Indonesia related to the Restitution of state losses in the Crime of money laundering with the predicate crime of corruption. As a result, Restorative should be implemented in Indonesia for it can provide appropriate punishment for money laundering perpetrators for criminal origin in corruption. Restorative Justice is expected to be means of community renewal (Law as a tool/ instrument of social engineering) to achieve people’s welfare. Restorative Justice Mechanisms in the loss of the state towards money laundering offences with the predicate corruption must be implemented fairly.