Reverse Proof Research Articles

The Effectiveness of Recovering Losses on State Assets Policy in Dismissing Handling of Corruption

The recovery of state financial losses due to corruption in Indonesia does not reduce the criminal risk for corruptors, and the purpose of this study is to examine the effectiveness of asset forfeiture from corruption in Indonesia. This comparative normative legal research compares the recovery of state losses due to corruption in Indonesia and Saudi Arabia. This research confirms that. First, the current legal framework for collecting and seizing corruption-related assets in Indonesia must be revised to recover state financial losses. Second, the existing mechanisms need to be improved for law enforcement against corruption, particularly the recovery of state losses. When compared to Saudi Arabia, the mechanism for recovering corruption assets in Indonesia is less efficient, considering that in Saudi Arabia, corruptors may lose 70% of their wealth confiscated by the Saudi Arabian government. Third, the seizure of corrupt assets in Indonesia must use the paradigm of unexplained wealth. This approach allows for confiscating assets belonging to people whose value is grossly disproportionate to their known income and who cannot prove (using reverse proof) that they acquired the assets legally.

Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system. Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.

The Gratification of Sexual Services in Corruption Offenses

Objective: This research aims to examine in depth the legal regulations related to gratification for sexual services in the context of corruption. As well as evidence in the trial of corruption crimes.
 
 Method: This research is included in normative juridical research. This research uses a statutory approach and a conceptual approach. The statutory approach provides an overview of the regulation of the subject matter under study. While the concept approach will obtain an overview of the suitability of the subject matter that has been regulated in the legislation with concepts that discuss the subject matter itself.
 
 Results: The Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption does not prohibit gifts to civil servants or state officials, but there are signs that must be considered regarding gratification in order to avoid the types of gratification that can be considered bribes. Corruption crimes related to gratification are expressly regulated in Article 12 b and Article 12 c of Law No. 31 of 1999 on the Amendment to Law No. 20 of 2001 on the Eradication of Corruption. Any gratification to a civil servant or state organizer is considered a bribe if it is related to his/her position and contrary to his/her obligations or duties. For gratification with a value of Rp. 10 million or more, the proof that the gratuity is not a bribe is carried out by the recipient of the gratuity (reverse proof); while those with a value of less than Rp. 10 million, the proof that the gratuity is not a bribe is carried out by the public prosecutor.

THEOREMS ON THE NUMBER OF ROOTS OF A CUBIC EQUATION AND THEIR LOCATION AS A MEANS OF DEVELOPING STUDENTS' VISUAL THINKING

Formulation of the problem. The basis of teaching mathematics is logical thinking, (which is associated with) based on the work of the left hemisphere. In scientific and methodological research, the volume of work related to the issue of organizing learning by coordinating the work of both the left and right hemispheres is increasing, that is, the development of other types of thinking, especially visual, along with logical thinking. Proposals have been developed on the methodology for the development of visual thinking of students in mathematics lessons. However, when studying the basics of algebra and analysis, improving the methodology for developing visual thinking and developing teaching materials for extracurricular activities are also urgent tasks.
 Materials and methods. The research materials are pedagogical, methodical literature, experience of foreign and domestic scientists. In the process of research, empirical methods (observation, verification, experiment), general scientific methods (analysis, synthesis, concretization, systematization, generalization) were used. The method of reverse proof was used to prove the theorems.
 Results. The study of graphs of a cubic function helps to build and prove hypotheses about the number of real roots of a cubic equation and their location, and makes it possible to clearly demonstrate the use of visual thinking.
 Conclusions. Educational material on the location of the roots of a cubic equation helps to develop the visual thinking of students, to formulate visual tasks for students. These visual tasks serve as a means of organizing the mathematical activity of students. It helps readers understand how theorems are created and how to look for proofs. It also shows the relationship between the discriminant of a cubic equation and the product of the extreme values of the corresponding cubic function. We recommend studying the location of the roots of the cubic equation for high school students in maths club training.

Concept of Product Responsibility Development and Quality Standardization of Processed Food Products to Improve Competitiveness and National Economic Development

This research was conducted with the aim of finding the development concept of product responsibility and quality standardization of processed food products. This research uses a normative juridical approach which is described descriptively analytically from legal materials and supporting data obtained, which is then analyzed qualitatively juridically. The results obtained from this research are that processed food producers have the responsibility to produce well by meeting the specified quality standards, and if their products harm consumers, they must provide compensation. The application of responsibility for processed food products still uses general legal instruments contained in the Civil Code and sectoral laws. Meanwhile, the implementation of food product standardization still uses legal instruments at the level of government regulations and decisions of the Head of BSN adopted from the provisions of international standards, so it has not provided legal certainty and strong coercive power. As a suggestion, in order to develop product liability and product quality standardization in the future, things that need to be done are strengthening regulations by forming the National Standardization System Law and the Product Liability Law, which include the principle of absolute liability and reverse proof.

Reverse Evidentiary Analysis in Article 12 B Paragraph (1) A and B of Law Number 20 of 2001 Amendments to Law Number 31 of 1999 Concerning The Eradication of Corruption

The purpose of this study is to analyze the philosophical basis of the reverse proof system for future Gratification corruption crimes and the formulation of norms for the reverse proof system for future Gratification corruption crimes. The research method used in this study is normative juridical with qualitative descriptive data analysis techniques. The results of the study are the philosophical basis of the reverse proof system for the crime of graft corruption related to bribery Article 12 B, namely that both the public prosecutor and the defendant are obliged to prove but the public prosecutor alone proves the gift received by the recipient of the gratuity while the defendant proves that the gratuity is not a bribe, has nothing to do with position and does not conflict with their duties or obligations. The construction of legal substance, which directs the formulation of reverse evidentiary norms with an emphasis on legislative policies according to the 2003 CAC as a characteristic of the combination of the hukum umum and hukum sipil legal systems as a legal system.

Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes

Corruption is one of the Extra Ordinary Crimes because of the difficulty of proving the crime by law enforcement. In the enforcement and eradication of corruption crimes, there are several problems faced, one of which is in settlement of corruption crimes through juridical settlement, namely the existence of an evidentiary process that is considered complex in court and as minimal as possible does not damage the protection and honor of human rights. The United Kingdom and other European countries have used civil channels to return assets resulting from money laundering crimes, while Indonesia is still returning assets from money laundering crimes, meaning there is no return of any assets before a court decision. It takes courage from related law enforcement in the criminal act of money laundering by using the reverse burden of proof in the law of proving money laundering cases. This study aims to determine the application of reverse proof in corruption cases. This research uses normative legal research methods. The results of the study The application of reverse proof requires review because, in reverse proof, the defendant must prove that his property is not a crime of corruption. The application of the reverse proof policy is that most of the assets owned by the bribe giver are not in the name of the briber but have been suspected of money laundering to hide the original identity of the assets derived from the proceeds of corruption.

Application of Burden of Proof to Child Labour as Protection of Children's Rights

Child labour should be given legal protection, one form of protection for child labour is to impose a Burden of Proof (Burden of Proof) for child labour in accordance with the provisions of the ILO Convention (International Labor Organization) No. 138 of 1973 on the minimum age to be allowed to work and the ILO (International Labour Organization) Convention No. 183 then 1999 on the abolition of the worst forms of work for. This research aims to examine the philosophical foundation of the burden of proof in the Indonesian legal system and to examine the burden of proof implementation for child labour in Indonesia. This research is legal research using a normative juridical approach, the data used are primary data and secondary data analyzed using quantitative analysis. The results of the study are the first philosophical application of the principle of reverse burden of proof that has been regulated in various legal rules in Indonesia, including Law No. 8 of 1999 on Consumer Protection, Law No. 40 of 2007 concerning limited Company legal No. 32 of 2009 on the protection and management of the environment and the provisions of the crime of corruption relating to the freezing, expropriation and confiscation of the perpetrators of the crime of corruption in accordance. Both countries have ratified ILO Convention No. 138 of 1973 on the Minimum age to be allowed to work and ILO Convention No. 182 of 1999 on the Prohibition and immediate action on the elimination of the worst forms of Child Labour which affirms the existence of a reverse proof for child labour.

Money Laundering Crime in The Perspective of Islamic Law in The System of Proof

This paper initiates the study of Islamic law, related to the reverse proof system contained in Articles 77 and 78 contained in law No. 8 of 2010. In Article 77, it is known that in court there is an examination with an interest in proving the absence of criminal acts related to the ownership of assets. In addition, from Article 78, it is known that the submission of sufficient evidence related to the possession of assets is an obligation for the defendant when the examination contained in Article 77 is carried out. Islamic law in the study of the burden of scientific proof needs to get a big position, because it is believed that Islamic law has a part of the scope that covers everything. In this study the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh and legislation. From the results of the study, the evidence to the contrary does not apply to all criminal cases, but only to special cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law.

Principles of Reversal Burden of Proof in the Perspective of Indonesian Criminal Law and Islamic Law

The principles of criminal law in Indonesia and Islamic criminal law do not burden the defendant in proving. However, there have been changes to the reverse burden of proof system, especially in cases of corruption and money laundering. This article discusses the principle of reversed burden of proof in Indonesian criminal law and Islamic criminal law. The research method is juridical-normative with statutory, conceptual, and historical approaches. Sources of data using primary and secondary legal materials. The results of the study show that there are seven principles of reverse proof in criminal law in Indonesia, namely the principle of justice, the principle of utility, the principle of wealth, the principle of evaluating evidence, the principle of legality, the principle of invisible crime, and the principle of presumption of guilt. Meanwhile, the principles of proof are reversed in Islamic criminal law, namely: intention, justice, maqāṣid al-sharīah, and presumption of guilt. Reverse proof in Islamic criminal law is not only applied in cases of corruption and money laundering, but is applied to all ḥudūd, qiṣāṣ and ta'zīr crimes. The principle of intention only exists in the Islamic criminal law system, because it relates to the divine side.

Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi Ditinjau Dari Asas Praduga Tidak Bersalah (Presumption of Innocence)

This study aims to examine and analyze the regulation and application of the reverse evidence system in the Corruption Eradication Act. This research is a normative legal research, the nature of prescriptive research is to re-examine according to legal theory against norms that are considered still unclear. The results of this study indicate that the regulation of reverse proof of corruption begins with Law Number 3 of 1971 concerning the Eradication of Criminal Acts of Corruption which has explicitly included it in Article 17. In its development, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption also regulates the reverse evidence, namely in Article 37. However, the policy in the formulation of the reversed evidence has not been able to represent the circumstances and situations in handling corruption crimes at that time where corruption was an extraordinary crime that had caused financial losses. country. The issuance of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes provides a clearer policy direction than the previous law, namely by improving the formulation of reverse evidence. The implication of the reverse proof system with this change is that there are two types of reverse proof systems contained in the law on eradicating corruption, namely balanced limited reverse proof and pure/full reverse proof.

The Application of the Burden of Proof Concept in Indonesia: A Comparative Study

Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden of proof in Indonesian criminal law and Islamic criminal law.Results of the Research: The application of a reverse burden of proof in Indonesia is limited and balanced (balanced probability of principles) as regulated in Article 37 of Law no. 31 of 2019 in conjuction with Law No. 20 of 2000 concerning the Eradication of Corruption Crimes and Article 35 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In Islamic criminal law, the application of t a reverse burden of proof has long been carried out, as seen in Surah Al-Nisa verse 135 and the story of Prophet Yusuf's proof of Zulaikha's accusation in Surah Yusuf verses 24-29, and several hadiths of the Prophet Muhammad. These two legal systems are similar in terms of the application of a reverse burden of proof that is only applied to certain cases, such as corruption and money laundering. However, the difference is that the application of a reverse burden of proof in Indonesian criminal law is limited and balanced. In contrast, the principle of a reverse burden of proof against corruption cases in Islamic criminal law is absolute.

Tindak Pidana Pencucian Uang Terhadap Perjudian Online

Law Number 8 of 2010 regulates the Prevention and Eradication of the Crime of Money Laundering. This law contains any provisions that can be a predicate crime in money laundering, one of which is a crime of online gambling. The legal rules that contain criminal sanctions in Law no. 8 of 2010 contained in articles 3 to 5 with a reverse proof system article 2 paragraph (1) where the defendant is obliged to prove the truth of all his assets. This study uses a normative method, using a legal approach (Statute Approach), a conceptual approach (Conceptual Approach) and data analysis (data analysis). The data collection method in this research is library research on legal materials, both primary legal materials, secondary legal materials, as well as tertiary legal materials and/or non-legal materials. The search for legal materials is done by reading, viewing or listening. or via the internet.

Skema Penerapan Unexplained Wealth: Reformulasi Perampasan Aset pada Tindak Pidana Korupsi di Indonesia

Abstract: The criminal act of corruption has developed as an extraordinary crime. Corruption eradication regulations in Indonesia still focus on non-asset so that they have not been effective in suppressing corruption crimes. The authors uses a normative juridical research with a statutory approach. The government's efforts to confiscate the assets of criminal acts of corruption have two mechanisms, namely criminal and civil in Law No. 8 of 1981 concerning Criminal Procedure Law, Law No. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, as well as Law No. 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption. The regulation does not yet have a comprehensive framework. Therefore, unexplained wealth as a mechanism for confiscating assets to optimize actions in criminal acts of corruption. There are three implementations of unexplained wealth. First, renewal of legal products, namely the Draft Law on Confiscation of Criminal Acts of Assets, especially corruption. Second, law enforcement officials are guided by the regulations that have been drafted in the Asset Confiscation Draft. Third, the proof mechanism uses reverse proof. Keywords: Asset Confiscation, Corruption, Mechanism, Scheme, Unexplained Wealth.

JURIDICAL ANALYSIS IN REVERSE PROOF OF GRATUITIES CASE ACCORDING TO LAW NO. 20 OF 2001 ABOUT CRIMINAL ACTS OF CORRUPTION (Verdict Study No. 86/Pid.sus-TPK/2019/PN MDN)

The Legal Regulation on Gratification in Law No. 20 of 2001 on Combating Criminal Acts of Corruption is Article 12 B paragraph 1, namely for recipients of gratuities worth Rp 10,000,000 that the burden of proof on the recipient, while more than Rp 10,000,000 the burden of reversal of proof to the Public Prosecutor. The application of Reverse Proof on The Handling of Gratuity Cases 86/Pid.sus-TPK/2019/PN MDN is money amounting to Rp 530,000,000 given to Dzulmi Eldin as Mayor of Medan and the use of money needed operational funds of the Mayor of Medan is used for the purposes of Dzulmi Eldin as Mayor of Medan. The judge in handing down the verdict of Article 5 paragraph 1 of Law No. 31 of 2001 juncto Article 64 paragraph 1 of the Criminal Code is for 2 years and a fine of Rp 200,000,000 with the provision that if the fine is not paid it is replaced with a criminal cage for 4 months. Constraints in the Application of Reverse Proof in The Case of Gratification 86/Pid.sus-TPK/2019/PN MDN do not apply the reverse proof system.Keywords: Reverse Proof, Gratification, Criminal Acts of Corruption

Deterrence and Eradication of Gratification Crime

This study examines the principles that can deter and eradicate gratification as part of the corruption crime. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods, which will conclude the research's object. The results show that the deterrence and eradication of gratification crime have been regulated in Article 12 B and Article 12 C of Law No. 20 of 2001. In addition, this provision contains an encumbrance of reverse proof, which aims to simplify the process of proving illegal receipts and indications as a bribery crime for civil servants or state administrators. The principles in deterrence and eradication of gratification crime include legal certainty, transparency, accountability, public interest, proportionality, and respect for human rights. Therefore, it is recommended to CEC, civil servants or state administrators, and the community to practice the principles of deterrence and eradication of gratification crime. In this case, Indonesia can be released from the shackles of criminal acts of corruption in the future.

Herbal Formulation MD-1 Ameliorates High Fat Diet Induced Diabetes Mellitus in C57BL/6J Mice by Attenuating Adipose Tissue Inflammation: A Reverse Proof of Concept Study

Herbal Formulation MD-1 Ameliorates High Fat Diet Induced Diabetes Mellitus in C57BL/6J Mice by Attenuating Adipose Tissue Inflammation: A Reverse Proof of Concept Study

Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality

The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.

Reception of Investigation Principles According to ILO’s International Labor Standards on Labor in Indonesia

The position between workers and workers in labor law always places an unbalanced position, where the position of workers will always be in a weak position. In the dispute over industrial relations disputes regulated in Law Number 2 of 2004 the basis for evidence is based on Article 163 HIR (Herzien Indonesis Reglement)/ 283 RBg (Rechtsreglement Buitengewesten) / 1865 BW (burgerlijk wetboek voor Indonesie). The provisions of this Article give rise to injustice about the reverse evidence that has been established by the International Labor Organization (ILO) through international labor standards and other ILO legal instruments regarding reverse proof in cases of dismissal, Freedom of Association, and Equality in Employment and Occupation. This research utilizes a juridical normative, descriptive approach and is supported by case studies as data support, and an analysis is carried out based on qualitative methods and legal comparisons.

Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia

The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes place, law enforcement will have difficulty in proving the guilt of the perpetrators of the crime. In Indonesia, the application of the reverse burden of proof is applied to corruption and money laundering crimes which are limited to the Eradication of Corruption Crimes and Money Laundering Crimes. In Islamic law, the application of the reverse burden of the proof system is included in the ta'zir category which is based on government policy (ulul amri). The inverse burden of proof system is implied in the Qur'an, Surah Yusuf, Verses 26-29. However, in applying the reverse proof system, the jurists use istihsan in making ijtihad on contemporary social problems. Thus, both in the perspective of general law and Islamic law, the reverse proof is something that is specifically allowed, for criminal cases where it is estimated that there will be difficulties in proving it. Keywords: Ratio Legis Reverse Proof System, Indonesia, Comparative Legal Study