LEGAL CONSEQUENCES OF NOT APPLYING THE PRINCIPLE OF REVERSAL OF BURDEN OF PROOF IN THE TRIAL PROCESS (Study of Decision Number 333/Pid.Sus/2020/PN/Tjb)

Diva Pramesti Islami, . (2024) LEGAL CONSEQUENCES OF NOT APPLYING THE PRINCIPLE OF REVERSAL OF BURDEN OF PROOF IN THE TRIAL PROCESS (Study of Decision Number 333/Pid.Sus/2020/PN/Tjb). Syiah Kuala Law Journal, 9 (1). pp. 283-294. ISSN 2580-9059

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Abstract

The reversal burden of proof principle in money laundering crimes is considered as a crucial mechanism for uncovering hidden and complex financial flows. This article examines the legal consequences of not applying this principle in Decision Number 333/Pid.Sus/2020/PN Tjb. This study used normative juridical approach with qualitative legal analysis. The findings show that neglecting this principle results in defendants losing their right to prove the legitimacy of assets so that it violates the principles of justice. Furthermore, in the case studied, assets unrelated to the crime were initially seized but later returned after appeal. This inconsistency can set a negative precedent, weakening the effectiveness of anti-money laundering efforts and infringing defendants' rights. The study recommends regulatory revisions to establish fair and consistent procedures for implementing the reversal burden of proof principle in order to support legal certainty.

Item Type: Article
Additional Information: [No. Panggil: 2110611228] [Pembimbing: Slamet Tri Wahyudi] [Penguji 1: Handar Subhandi Bakhtiar] [Penguji 2: Yuliana Yuli Wahyuningsih]
Uncontrolled Keywords: Proof, Reversal Burden of Proof, Money Laundering
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: DIVA PRAMESTI ISLAMI
Date Deposited: 12 Feb 2025 04:46
Last Modified: 12 Feb 2025 04:46
URI: http://repository.upnvj.ac.id/id/eprint/35509

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