Jurnal
Penerapan Sistem Pembalikan Beban Pembuktian Tindak Pidana Korupsi (Binamulia Hukum)
At the present a reform has been conducted concerning the Penal Law provisions that were deemed contrary to the legal conditions of the state that is under development. The Penal Law as applied in Indonesia was inherited from the Ducth colonial Penal System. In practice that Penal System proved to be insufficient to handle corruptive practices. Accordingly, a special law provision is required. The old Penal Code has put the burden of proof as set forth in Article 184 on the prosecutor. The law no. 31 of 1999 has been enacted and then amended by law no. 20 of 2001 on the Eradication of Corruption Practices, and has reversed of the burden of proof, including for corporations, in that the wealth on assets of the corporation under his or her management control that is deemed related to any corruptive activities si free from any mistakesrnrnKeywords: The Penal Law, Corruption.
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