KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI MELALUI SISTEM PEMBUKTIAN TERBALIK

(STUDI KASUS PADA POLRES BAUBAU)

Abstract

In the effort to eradicate corruption, receiving and granting gratuities is
one of the actions that is difficult to convict, both in terms of regulations and the
culture of Indonesian society while its eradication is still very slow, even though
corruption in Indonesia has been deemed to be detrimental to the social and
economic rights of the Indonesian people so it is an extraordinary crime. (Extraordinary
crime). Therefore, it is one form of prevention that is extraordinary
(extra-ordinary enforcement) and extraordinary measures (extra-ordinary
measures). One of these actions is to make a comprehensive shift towards the
existing evidence system. With the application of reversing the burden of proof
against corruption, gratification is regulated in Article 12 B jo. Article 12 C Law
Number 20 Year 2001 jo. Law Number 31 of 1999 concerning Eradication of
Corruption Crime. This article specifically regulates the granting of gratuities
related to their position by public employees.
The formulation of the problem in this research is what is actually the
politics of Criminal Law which underlies the provisions of the reverse proof
system in the handling of graffiti corruption, how is the practice of law
enforcement regarding the handling of criminal acts of corruption through a
system of implementing reverse proof, and how is the arrangement of a reverse
proof system that can support effectiveness. eradicating corruption in the future.
This type of research is. using a juridical empirical or sociological juridical
approach. In the sociological juridical approach, law as law in action is described
as a social symptom of emptiness. Thus, law is not only given meaning as a chain
of values, official decisions, fabric of rules and norms, written positive law, but
can also be given meaning as a teaching system about reality, as well as seeing the
reality that occurs in society.
The results of the study conclude first, that the political background of
criminal law includes the provisions of the reverse proof system in handling the
crime of graft corruption at the beginning due to the problem of law enforcement
in the case of graft corruption. One of the efforts to overcome this difficulty is to
reformulate the fulfillment of the burden of proof in the judicial process by law
enforcement officials, namely by introducing a system of reversal burden of proof.
Second, the practice of law enforcement regarding the handling of criminal acts of
corruption through the system of implementing empirically reversed proof often
faces many obstacles, especially in terms of the substance of the meaning of
gratification, reporting of gratuities to the Corruption Eradication Commission,
criminal sanctions, and qualifications of gratification givers and recipients, so that
Optimizing the application and enforcement of law with the objectives to be
achieved, namely certainty and justice
Keywords: Criminal Law Policy, Reversed Evidence System