Opposite Evidence Is Extra Ordinary Enforcement For Corruption Cases, Here's The Explanation

YOGYAKARTA The crime of corruption in Indonesia is categorized as an extraordinary crime because it is very destructive and takes place systematically and widely. Therefore, eradicating corruption must be done in an extraordinary effort. One of them is by applying reverse evidence. So, what is reverse proof?

The inverse proof is a proof system used by Anglo-Saxon countries and aims to facilitate proofs that are limited to certain cases' or certain or special cases of nature.

In Indonesia, the inverse proof system applies to overcome extraordinary crimes, such as criminal acts of corruption. This inverse evidence applies to gratification offenses and is accommodated in positive law in Indonesia, namely Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

In Article 37 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, it is said that the inverse evidence is limited or balanced. This means that the defendant has the right to prove that he has not committed a criminal act of corruption and is obliged to provide information about all his property and the property of his wife or husband, children and property of each person or corporation who is suspected of having a relationship with the case concerned, and the public prosecutor remains obliged to prove his charges.

The reverse proof system in the article is a deviation from article 137 of the Criminal Procedure Code (KUHAP). This article states that the public prosecutor must prove that the defendant committed a criminal act.

On the other hand, Article 66 of the Criminal Procedure Code, asserts that the suspect or defendant is not burdened with the obligation to prove it.

With the reverse proof system, the defendant has the right to prove in court that the gratuity he received was not part of bribery.

In addition, the defendant also has the right to prove that assets that are suspected of having a relationship with his case do not come from corruption.

The protection for the defendant's rights can be said to be a balance guarantee because, according to the reverse proof, the defendant has been deemed to have committed corruption.

However, it should be underlined that inverse evidence can only occur in court proceedings, not in the investigation or prosecution stage.

According to Indiyanto Seno Adji in Corruption and Criminal Law, if the reverse proof is required when he is a suspect, it is feared that the reverse evidence could backfire for law enforcers to eradicate corruption itself. It can happen, the inverse evidence is misused by investigators.

The application of inverse evidence will be effective if law enforcement officers, both the police, prosecutors, the KPK, and judges, are completely clean, authoritative, and professional.

With the inverse proof system, a person will be afraid to commit corruption, because it is difficult for him to provide a satisfactory explanation of his source of wealth, if he did get the wealth illegally. So with the reverse proof system, it is almost impossible for people to dare to commit corruption, because running anywhere he will continue to be hunted.

This is information about the reverse proof system to handle corruption. To get other interesting news, keep reading VOI.ID.