The Existence Of Presumption Of Innocence Principle In Indonesian Anti-Money Laundering Law

Lisanawati, Go (2020) The Existence Of Presumption Of Innocence Principle In Indonesian Anti-Money Laundering Law. In: Presumption Of Innocence (International Workshop Proceedings), 24 July 2020, Hanoi (Zoom).

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The Presumption of Innocence becomes the most important principle that must be guarantee by any laws to give protection to the human rights of the offender of crime who has been proceeded to a legal process start from the investigation, prosecution, and trial. Someone must be assumed as innocent until the court decides he/she is guilty of conducting crime. Presumption of innocence itself has been internationally adopted in the criminal law procedure of country, and it is related to how the evidentiary process can ensure the implementation of presumption of innocence. Under the Law on Anti Money Laundering, Indonesia implements the balance reversal of the burden of proof for the assets of the crime of the offender that did not result from a crime. This has been arising a debate and categorizes it as a presumption of guilt. Indonesian evidentiary system is using a negative system of proof based on a minimum of 2 (two) evidence and conviction of the Judges that the offender is truly committing a crime that has been charged.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: The Presumption of Innocence; Balance Reversal of the burden of proof; Indonesian Law on anti-money laundering; A Negative system of proof
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Ester Sri W. 196039
Date Deposited: 21 Jul 2021 09:00
Last Modified: 08 Mar 2024 04:12

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