Penerapan Pembuktian Terbalik Berimbang dan Terbatas pada Harta Hasil Peredaran Narkotika (Studi Putusan Nomor 427/Pid.B/2014/PN.Mdn)

Abstract

Balanced and limited reversal of the burden of proof has not been implernented effectively in proving the property emanated from money laundering criminal act. The research problems are as follows: I) how about the regulation on balanced and limited reversal of the burden of proof in the legal provisions in Indonesia, 2) how about the implementation of balanced and limited reversal of the burden of proof concerning the property emanated from drug trafficking in the Ruling No. 427/Pid.B/2014/PNmdn, and 3) how about the obstacles and efforts in implementing balanced and limited reversal of the burden of proof The research used juridical normative and descriptive analytic method by analyzing all legal provisions related to the balanced and limited reversal of the burden of proof The data were gathered by conducting library research and field research method. Based on the research problems, it can be concluded that 1) the regulation on reversal of the burden of proof has been stipulated in the Indonesian legal provisions, 2) the process of evidence in the Ruling No. 427Pid.B/20l 4/Pn.mdn does not follow the balanced and limited reversal of the burden of proof, and 3) from its substance, the obstacles in the implementation of balanced and limited reversal of the burden of proof in Indonesia still uses the legal principle of "lex superior derogate legi inferiori and ft·om its legal structure, law enforcement officials' awareness of balanced and limited reversal of the burden of proof is still low, and from its juridical culture, judges tend to use evidence stipulated in KUHAP (Code of Law of Criminal Procedure).