ASRUL ALIMINA, 03094393 (2010) PEMBALIKAN BEBAN PEMBUKTIAN DALAM PERADILAN TINDAK PIDANA KORUPSI. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Corruption have been considered to be a remarkable badness and brought the disaster for life of national economy and doing an injustice perpetrator the corruption a lot of representing literate circle and also conducting by more than a all have the importance in it so that show of the badness cannot again in ordinaryly however in needing remarkable efforts, inclusive of in it overcome the constraint of verification of Doing An Injustice of Corruption which during the time felt difficult enough because of Negative Legal Evident Theory System according to the Rules which is embracing by criminal procedure (KUHAP) felt not yet adequate to ensnare the doing an injustice perpetrator the corruption, so that, in needing system of reserve Burden of Proof for the purpose of so that easier Publik Prosecutor prove the doing an injustice of corruption which is conducting by, specially concerning grafication and Property and chattel expressed in conference which anticipating to come from doing an injustice corruption.Type from this research use the Doctrinal Research and also Theoretical Researh by using Statute Approach as well as used by a conceptual approach, and materials which are used sonsist of primary law, secondary law, and tertiary law ones with the stages; steps identify the law fact to solve, substance gathering punish and substance which relevan with the substance punish if needed, doing analyze for issue punish pursuant to law substance which which there have later will reply the issue punish and also this research is expected to give an prescripsion to issue or lifted law problem. This matter go together the nature of law science which applied and prescriptive. Based on the researh result, that in the reality reserve Burden of Proof which is there are in Indonesia Anti Corruption Act (UUP Tipikor) cannot applied in practice because of Procedure of criminal embracing Negative Legal Evident Theory system according to Code do not give the space for system of reserve Burden of Proof such as those which there are in UUP Tipikor and also system of reserve Burden of Proof also oppose against the Human Rights (HAM) which is confessing and under the aegis of our Constitution and also International conventions which we have ratified and also not yet ratificated, so that in needing the existence of change to KUHAP and or procedure of criminal which arranged in UUP Tipikor so that system of reserve Burden of Proof earn to applied better.

Item Type:	Thesis (Thesis)
Additional Information:	KKB KK-2 TH 51 / 10 Ali p
Uncontrolled Keywords:	Reserve,Burden,Proof.
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K5000-5582 Criminal law and procedure > K5015.4-5350 Criminal law
Divisions:	03. Fakultas Hukum > Magister Ilmu Hukum
Creators:	Creators NIM ASRUL ALIMINA, 03094393 UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor NUR BASUKI MINARNO, Prof.,Dr.,S.H.,M.Hum. UNSPECIFIED
Depositing User:	Nn Anisa Septiyo Ningtias
Date Deposited:	29 Jun 2016 07:17
Last Modified:	29 Jun 2016 07:17
URI:	http://repository.unair.ac.id/id/eprint/38326
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