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Scirj Volume IV, Issue III, March 2016 Edition
ISSN: 2201-2796

Reconstruction Regulation Reversal Burden of Proof Criminal Case in Indonesia’s Legislation

Erwin Adiabakti

Abstract: This journal aimed at investigating the problems of reconstruction of reversal regulation of the burden of proof for criminal case in legislation in Indonesia which so far does not reflect harmony and ideal regulation reconstruction of the burden of proof for criminal case with basic reflection of the harmonic legal values based on human right protection. The results concluded, indicates entirely the reconstruction disharmony of the reversal regulation of the burden of proof from each law does not regulate clearly and concretely about the application consequences of the reversal of burden of proof. The reversal regulation of the burden of proof today the regulation substance does not correspond with the value of legal certainty as well as the regulation does not accommodate the human right protection in balanced manner, in the term of human right value manifestation that correlate with the reversal regulation of the burden of proof still not proportional. Reconstruction of reversal regulation of the burden of proof is appropriate with the legal certainty value as the regulation must able to accommodate the human right protection in balanced manner by using reversal concept of burden of proof which is limited and balanced in nature, the regulation reflects the fair legal certainty value manifestation and the reversal regulation substance of the burden of proof more comprehensive and give implication to the effective law enforcement process.

Reference this Paper: Reconstruction Regulation Reversal Burden of Proof Criminal Case in Indonesia’s Legislation by Erwin Adiabakti published at: "Scientific Research Journal (Scirj), Volume IV, Issue III, March 2016 Edition, Page 9-17 ".

Search Terms: disharmony, reconstruction, reversal of the burden of proof

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