Abstract
The polemic of the ratification of KPK (Corruption Eradication Commission) Constitution indicated the good intentions of government as well as people in society through their respective perceptions which in conclusion whether the KPK is getting stronger or become weaker. The aim of this analysis is to examine on the implication of reversal burden proof system on corruption criminal act in Indonesian Law. Reversal of the burden proof as determined in the PTPK Law and the 2003 KAK Law leaves problems in its implementation, through normative legal research with the study of laws and comparisons, something new is obtained which is a guideline for judges in giving verdicts regarding the results of verification of assets and actions. Implications of proven or unproven acts and assets of the defendant through reversing the burden of proof of criminal criminal behavior which is greatly affects the received sanction by the defendant which include imprisonment penalties, criminal sanctions for fines and additional criminal sanctions in the form of returning state financial losses.
Highlights
Since Indonesia being established in 1945, with an experience of being colonized country by Netherland for 350 years
The founding of country known as The Founding Father have been agreed that Indonesia being established based on the system of civil law, and this determination of system make a great influence on Indonesian Criminal Law system, whether it general criminal law or special criminal law
Suparman Marzuki stated that around 2007 the authority and task of KPK on destroying corruption criminality keep being blocked by hard resistance of every opposing side of KPK, the resistance activity even become bigger, more concrete and more diverse in 2017 compared to the previous years
Summary
Since Indonesia being established in 1945, with an experience of being colonized country by Netherland for 350 years. Suparman Marzuki stated that around 2007 the authority and task of KPK on destroying corruption criminality keep being blocked by hard resistance of every opposing side of KPK, the resistance activity even become bigger, more concrete and more diverse in 2017 compared to the previous years. It is done by individual as a defendant of corruption from the outside of institution and other sides within certain agenda, and it was done at the same time from many people and it makes KPK almost falling apart.(Marzuki, n.d.)
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