PENERAPAN SISTEM TERBALIK TERHADAP TINDAK PIDANA KORUPSI (Sebuah Upaya Progreif dalam Pemberantasan Tindak Pidana Korupsi)

Muwahid Muwahid

Abstract

The main Object of this rsearch is the relutaion reversal burden of proff system of corruption in Act Numbwe 20 of 2001. This research is a normative legal reseach, data obtained from primary legal materials that legislation, and secondary legal materials namely, books, journals and law relating to the burden of proof. The technique of data analysis uses content analysis. The technique of data analysis uses content analysis. The results of reseach showed, First the reversal burden of proof system in criminal law of corruption stipulated in Article 12 B paragraph (1) , Artivle 13, Article 38A and Article 38B of Act Number 20 of 2001 on the eradication of corruption. Second, the data application of reversal  burden of proff principle in a criminal act of corruption which is an extra ordinary crime, this provision is evidence of irregularities in the conventional system as was stipulated by the Criminal Code, in this case applies the principle of lex specialis derogat lex generalis

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