Principles of Reversal Burden of Proof in the Perspective of Indonesian Criminal Law and Islamic Law

Abstract

A defendant is not burdened with the obligation of proof in criminal law cases in Indonesia and Islamic law. However, the evidence has shifted in cases of extraordinary crimes, such as corruption and money laundering. It is known as the reversal burden of proof. This paper is compiled to test the primacy of the inverted proof system. This article is juridical-normative and qualitative research using the content analysis method with data sourced from literature. This article finds two things. First, there are seven principles of reversal burden of proof in Indonesian criminal law, namely the principle of justice, benefits, wealth, evaluating evidence, legality, invisible crime, and presumption of guilt. There are four principles of reverse proof in Islamic law: the principle of intention, fairness, maqāṣid al-sharī’ah, and presumption of guilt. Second, the evidence is reversed in Islamic law not only in corruption and money laundering cases. However, all ḥudūd, qiṣāṣ and ta’zīr crimes are applied to this principle. Second, the direction of intention only exists in the Islamic legal system because it relates to the divine side.