KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI MELALUI SISTEM PEMBUKTIAN TERBALIK: (STUDI KASUS PADA POLRES BAUBAU)

In the effort to eradicate corruption, receiving and granting gratuities isone of the actions that is difficult to convict, both in terms of regulations and theculture of Indonesian society while its eradication is still very slow, even thoughcorruption in Indonesia has been deemed to be detrimental to the social andeconomic rights of the Indonesian people so it is an extraordinary crime. (Extraordinarycrime). Therefore, it is one form of prevention that is extraordinary(extra-ordinary enforcement) and extraordinary measures (extra-ordinarymeasures). One of these actions is to make a comprehensive shift towards theexisting evidence system. With the application of reversing the burden of proofagainst corruption, gratification is regulated in Article 12 B jo. Article 12 C LawNumber 20 Year 2001 jo. Law Number 31 of 1999 concerning Eradication ofCorruption Crime. This article specifically regulates the granting of gratuitiesrelated to their position by public employees.The formulation of the problem in this research is what is actually thepolitics of Criminal Law which underlies the provisions of the reverse proofsystem in the handling of graffiti corruption, how is the practice of lawenforcement regarding the handling of criminal acts of corruption through asystem of implementing reverse proof, and how is the arrangement of a reverseproof system that can support effectiveness. eradicating corruption in the future.This type of research is. using a juridical empirical or sociological juridicalapproach. In the sociological juridical approach, law as law in action is describedas a social symptom of emptiness. Thus, law is not only given meaning as a chainof values, official decisions, fabric of rules and norms, written positive law, butcan also be given meaning as a teaching system about reality, as well as seeing thereality that occurs in society.The results of the study conclude first, that the political background ofcriminal law includes the provisions of the reverse proof system in handling thecrime of graft corruption at the beginning due to the problem of law enforcementin the case of graft corruption. One of the efforts to overcome this difficulty is toreformulate the fulfillment of the burden of proof in the judicial process by lawenforcement officials, namely by introducing a system of reversal burden of proof.Second, the practice of law enforcement regarding the handling of criminal acts ofcorruption through the system of implementing empirically reversed proof oftenfaces many obstacles, especially in terms of the substance of the meaning ofgratification, reporting of gratuities to the Corruption Eradication Commission,criminal sanctions, and qualifications of gratification givers and recipients, so thatOptimizing the application and enforcement of law with the objectives to beachieved, namely certainty and justiceKeywords: Criminal Law Policy, Reversed Evidence System