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Journal articles on the topic 'Burden of proof (Islamic law)'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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1

Abdullah, Abdullah, and Muhammad Hatta. "The Application of the Burden of Proof Concept in Indonesia: A Comparative Study." SASI 28, no. 3 (2022): 458. http://dx.doi.org/10.47268/sasi.v28i3.1045.

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Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden

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Prayitno, Ahmad Hadi, Achmad Arifulloh, Toni Triyanto, Setiawan Widiyoko, and Moh Aris Siswanto. "Reversed Burden of Proof in the Procedural Law of Corruption Cases: A Normative Study of Justice and Legal Certainty in Positive and Islamic Law." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 12, no. 1 (2025): 376. https://doi.org/10.29300/mzn.v12i1.8182.

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This study examines the reversed burden of proof in the procedural law of corruption cases in Indonesia, focusing on its compatibility with the principles of justice and legal certainty from both positive and Islamic legal perspectives. The method used is normative legal research with a comparative approach between national positive law regulations and Islamic legal principles. The findings show that the reverse burden of proof in Indonesia, as regulated in positive law, is an important tool to combat corruption by shifting the burden of proof to the defendant to prove that their wealth is not

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Hatta, Muhammad. "Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia." Istinbath : Jurnal Hukum 18, no. 1 (2021): 76–103. http://dx.doi.org/10.32332/istinbath.v18i1.3288.

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The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes plac

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4

Musthofa, Moh Ahza Ali, Burhanudin Harahap, and Hari Purwadi. "Shifting the Burden: Reverse Proof in Shirkah under Islamic Law." Greenation International Journal of Law and Social Sciences 3, no. 1 (2025): 17–24. https://doi.org/10.38035/gijlss.v3i1.369.

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This study examines the concept of reverse burden of proof in musharakah dispute resolution in Indonesia. Musharakah, as a profit and loss sharing-based Islamic economic instrument, faces the challenge of information imbalance between active and passive partners, which disadvantages passive partners in proving loss disputes. This normative research uses statutory, conceptual, and case study approaches to court decisions. The results show that Fatwa DSN-MUI No. 105/DSN-MUI/X/2016 introduces a new norm that allows the manager to guarantee the return of capital if the loss is caused by negligence

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S, Suaidi. "Formulasi Sistem Pembuktian Terbalik Tindak Pidana Korupsi di Indonesia dalam Perspektif Hukum Islam." Al-Adillah: Jurnal Hukum Islam 1, no. 2 (2021): 63–76. http://dx.doi.org/10.61595/aladillah.v1i2.203.

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Corruption have widespread and even became a culture of Indonesia that the government set up a new system, known as Reversal Burden Of Proof. Even though the model is considered to be contrary to the fundamental principle of the rule of law, but in Islamic law and the evidence, it is legally seen as a necessity to eradicating corruption. It is based on the demands and the welfare of Reversal Burden Of Proof Formulation.

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Mustapa, Ilham, Hadenan Towpek, Rafeah Saidon, and Mohd Syahiran Abdul Latif. "PENENTUAN BEBAN PEMBUKTIAN DALAM PENGHAKIMAN KES FASAKH: APLIKASI MENGIKUT UNDANG-UNDANG ISLAM Determination of the Burden of Proof in Fasakh Judgments: Application According to Islamic Law." JOURNAL OF SHARIAH LAW RESEARCH 10, no. 1 (2025): 63–88. https://doi.org/10.22452/jslr.vol10no1.4.

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Abstract This article examines the concept and application of the burden of proof in fasakh cases based on Islamic fiqh and Shariah law in Malaysia. This study employs a qualitative approach by analyzing classical fiqh texts, legal provisions, and Shariah court judgments to assess how the burden of proof is applied in fasakh cases. Findings indicate that the burden of proof does not always rest with the plaintiff; in certain circumstances, the defendant bears this burden when asserting facts that contradict the original state (al-aṣl), apparent facts (al-ẓāhir), or customary practices (al-‘āda

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Khalid, Nasirullah. "Presumption of Innocence in the Islamic Law." Volume-3: Issue- 1 (January) 3, no. 1 (2021): 11–16. http://dx.doi.org/10.36099/ajahss.3.1.2.

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The principle of the Presumption of Innocence is one of the main principles of all modern legal systems. It is also an important right of the accused mentioned in the human rights documents. The principle simply means that an accused considered innocent until proved guilty by a competent court. Using the descriptive-analytical method, this article studies this principle from the Islamic Law perspective exploring its meaning, basis, and exceptions. The article finds that Islamic law recognizes this principle in its highest sources, That are the Holy Quran and Hadith (sayings and actions of the

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Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (2020): 47–57. http://dx.doi.org/10.15421/172092.

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It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal mode

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M., Zeki. "İslâm Hukukunda Dinî Hükümleri Hafifleten Umûmü'l-Belvâ." Hikmet Yurdu Düşünce - Yorum Sosyal Bilimler Araştırma Dergisi 13, no. 26 (2020): 195–235. https://doi.org/10.5281/zenodo.3820256.

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Sharia (Islamic law) does not assign obligants responsibility above their powers; on the contrary, it wishes to ease their lives and responsibilities. In this context, the principle of convenience is among the fundamental principles of Islam. It is possible for people to encounter various distress and hardships that they cannot keep away from and common among them such as cleaning, prayer and commerce. It is necessary to ease or remove provisions by managing the principle of convenience to relieve people from such hardship like umûmü’l-belvâ (public issue). There are pro

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Tsinaridze, Tinatin. "The Importance of the Burden of Proof and Evidence in Discrimination Disputes." International Journal of Social Sciences 5, no. 1 (2025): 64–94. https://doi.org/10.55367/phcw7419.

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Freedom and equality are constitutional principles that underpin the rule of law. This paper examines civil proceedings in discrimination disputes, focusing on the allocation of the burden of proof, the challenges faced by victims of discrimination in gathering evidence, and relevant international practices. It also examines the role of the Public Defender in adjudicating discrimination cases, particularly through the submission of amicus curiae opinions, and analyzes the significance and positive procedural implications of their admissibility in civil proceedings. Under current legislation, t

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Nawang, Nazli Ismail, Mohd Lotpi Mohd Yusob, and Aminuddin Mustaffa. "Anonymous Online Offenders – Presumption of Innocence or Presumption of Guilt? A Comparative Analysis between the Evidence Act 1950 and the Islamic Criminal Law." Jurnal Islam dan Masyarakat Kontemporari 19 (September 11, 2018): 49–60. http://dx.doi.org/10.37231/jimk.2018.19.0.282.

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Anonymity is perhaps the most valued feature of the Internet as its users are able to conceal their true identities or assume pseudonyms in the cyber world. Anonymity may be good for freedom of speech as any speakers could freely express their thoughts without the fear of being identified (though not impossible). Unfortunately, anonymity poses great challenges to law enforcement agencies as they would face difficulty in tracing cyber offenders. For that reason, the Malaysian Parliament has passed a new section 114A of the Evidence Act 1950 that has the effect of shifting the burden of proof on

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Abdullah, Abdullah. "Juridical Study of Corruption Crime in Indonesia: A Comparative Study." International Journal of Law, Environment, and Natural Resources 2, no. 1 (2022): 45–61. http://dx.doi.org/10.51749/injurlens.v2i1.22.

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Corruption is an act of deviation that is against the law and the principle of justice (al-`adalah). Corruption with all its negative impacts produces various distortions in the life of the nation and state. In Islamic law, Corruption (jarimah) Crime is prohibited in the Qur'an and al-hadith. Fingers of corruption fall into the category of ta'zir punishment where the type of punishment is determined by the government (ulil amri) through a court decision so that perpetrators of corruption can be sentenced to imprisonment, fines, cut-offs hands (had), or even death if the government so wishes. I

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Halimi, Sonia. "Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translation." Comparative Legilinguistics 46, no. 1 (2021): 37–64. http://dx.doi.org/10.2478/cl-2021-0007.

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Abstract The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as legal maxims, are subjected to a comparative analysis and discussed along with their corresponding expressions in

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Ath Thariq, M. Alwi, M. Zuhdi Imron, and Zuraidah Azkia. "TINJAUAN HUKUM ISLAM TERHADAP PENGGUNAAN UANG YANG DIBENTUK DALAM HIASAN SEBAGAI MAHAR PERNIKAHAN." Usroh: Jurnal Hukum Keluarga Islam 6, no. 1 (2022): 16–33. http://dx.doi.org/10.19109/ujhki.v6i1.12187.

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This research is motivated by the use of money formed in decoration as a wedding dowry. The purpose of this study is to determine the factors that cause people to use money made as decorations as a marriage dowry and to find out how Islamic law reviews the use of money formed by hisan as a marriage dowry. The method used in this research is a qualitative descriptive method with the type of field research. Based on the results of the study, it can be concluded that first, the factors that cause people to use decorative money as a wedding dowry, among others, because it has unique elements, foll

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Najjar Alavi, Ivan, Watni Marpaung, and Arifuddin Muda Harahap. "Reconstruction of Confiscation of Corruption Convicts' Assets in Restitution of State Financial Losses Islamic Law Analysis." JURNAL AKTA 12, no. 1 (2025): 72. https://doi.org/10.30659/akta.v12i1.43729.

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Corruption is an extraordinary crime that harms state finances and hinders national development. One of the main strategies in eradicating corruption is the confiscation of assets resulting from criminal acts to recover state losses. However, the implementation of asset confiscation in Indonesia still faces various obstacles, including ineffective regulations, complicated legal procedures, and weak coordination between law enforcement agencies. This study analyzes the main obstacles in the implementation of asset confiscation based on positive law and Islamic law and formulates a legal reconst

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Amrullah D, M. Dani Fariz, Dora Mustika, and Ari Priyanto. "REVIEW OF ISLAMIC LAW REGARDING ON CONFISCATION OF ASSETS RESULTING FROM CRIMINAL ACTS OF CORRUPTION." PRANATA HUKUM 20, no. 1 (2025): 1–12. https://doi.org/10.36448/pranatahukum.v20i1.378.

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Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The mechanism for enforcing the law on corruption is something that must be considered because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. Corruption crimes when viewed from Islamic criminal law are included in jarimah. Jarimah or Jinayah comes from the word jarama-yajrimu-jarimatan, which means "to do" and "to cut", and is specifically used limited t

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17

Khairunnisa Khairunnisa, Putri Utami, and Dwi Noviani, M.Pd.I. "Konsep Ashabah dalam Warisan Islam Menurut Beberapa Hadis Bukhori." Intellektika : Jurnal Ilmiah Mahasiswa 2, no. 4 (2024): 14–22. https://doi.org/10.59841/intellektika.v2i4.1256.

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Textually, Islamic inheritance law is one of the most detailed laws mentioned in the Koran, however, resolving the division of inheritance often requires repeated ijtihad by the ulama. One of the important things in the issue of inheritance is the issue of Ashabah. The results of the research concluded that the 'ashabah hadith is categorized as an authentic hadith and can be used as proof regarding the validity of the 'ashabah system in Islamic inheritance. The implementation of the 'ashabah inheritance system does not have discriminatory implications, on the contrary, it actually contains the

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Onah, H. C., A. J. Nwodo, and B. L. Igwe. "The place of bride price "ime ego n'isi nwanyi" as the crux of a valid customary marriage contract in Enugu North Senatorial zone of Enugu State under customary law practices." International Journal of Philosophy and Law 4, no. 1 (2023): 15–29. https://doi.org/10.5281/zenodo.8314685.

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This work delves into the complexities surrounding the practice and legal understanding of marriage customs among the Ndi Nsukka community in Enugu State, Nigeria. Central to this investigation is the role of the bride price, locally known as "ime ego n’isi nwanyi," in validating customary marriages. The study posits that in Ndi Nsukka culture, as in much of Africa, marriage is not just a union between two individuals but between families and their ancestors. As a result, parental and ancestral consent is often required, and marriages contracted without such approval are deemed

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Ardiansyah, Ardiansyah, and Atma Suganda. "BURDEN OF PROOF OF CUSTOMS VALUATION DISPUTES IN INDONESIAN TAX COURT." International Journal of Law, Government and Communication 5, no. 20 (2020): 100–111. http://dx.doi.org/10.35631//ijlgc.520008.

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In applying the burden of proof of customs valuation disputes in the Indonesian tax court, some judges place the burden of proof to the importers, while others distribute the burden of proof to the customs administration. So, the legal problem that occurred in this study is regarding a different interpretation in applying the burden of proof. To solve that problem, it is necessary to research how the burden of proof applies in Tax Law through a comparative legal approach and research on how customs law regulates the burden of proof through a statute approach on WTO law and Indonesian customs l

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20

Kiralfy, Albert. "The Burden of Proof." Arab Law Quarterly 4, no. 1 (1989): 84. http://dx.doi.org/10.2307/3381450.

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Parisi, Francesco, Daniel Pi, and Alice Guerra. "Access to evidence in private international law." Theoretical Inquiries in Law 23, no. 1 (2022): 77–96. http://dx.doi.org/10.1515/til-2022-0004.

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Abstract This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology (i.e., ex ante investments that increase the quantity and quality of evidence in case an accident occurs). This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American co

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22

Padfield, Nicola. "THE BURDEN OF PROOF UNRESOLVED." Cambridge Law Journal 64, no. 1 (2005): 17–20. http://dx.doi.org/10.1017/s000819730526676x.

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23

Krok, Michał. "Realizacja zasady prawdy w postępowaniu cywilnym a ciężar dowodu i ciężar argumentacji." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 129–45. http://dx.doi.org/10.18778/0208-6069.73.09.

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The purpose of the paper is to analyze, how rules of the burden of proof and rules of the burden of argumentation justify a thesis, which is found as a true statement by court. Two concepts of the truth discussed in the Polish civil procedure (the objective/material truth and the judicial truth) are compared in connection with the rules of the burden of proof and the burden of argumentation. The rules of burden of proof and the rules of the burden of argumentation are constitutive rules. They state under what conditions a thesis counts as justified. The justification of a decision of applying

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Tiaglo, A. V. "To Understanding of the Burden of Proof in Anglo-American Law." Forum Prava 59, Suppl. (2019): t48—t53. https://doi.org/10.5281/zenodo.3568265.

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The basic purpose of this article is to explicate understanding and verbal expression of the burden of proof in Anglo-American law. For this, the method of comparative analysis of few analogous fragments from different editions of Black’s Law Dictionary is used. As a result, firstly, the set of concepts and corresponding terms by which the burden of proof is understood and expressed is found out. In a first approximation, omitting analogous ones, it is appropriate to restrict the subset of terms, on the one hand, by "(legal) truth", "belief", "burden of persuasio

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Bni Yaseen, Sharhabeel Ali Jabber. "General conditions of proof in Islamic law." Journal of Social Sciences (COES&RJ-JSS) 8, no. 3 (2019): 481–94. http://dx.doi.org/10.25255/jss.2019.8.3.481.494.

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BaniYaseen, Sharhape Ali Jabber. "General conditions of proof in Islamic law." Journal of Social Sciences (COES&RJ-JSS) 8, no. 3 (2019): 481.494. https://doi.org/10.25255/jss.2019.8.3.481.494.

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The present study aims at studying a particular subject from Ithbat (Proving), which is general conditions of Ithbatin the Islamic sharia. Ithbatindicatesthe judicial Ithbat. This research is characterize by having the subject on the four judicial doctrines:Hanifah, Malki, Shafie, and Hanbely. This research includes three main subjects. The first subject consists of the definition of the condition and Ithbatin the language and Islamic sharia and law. However, the second subject includes the importance of Ithbat in the judicature. Finally, the third subject indicates the general conditions of I

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Saifuddin, Suhaizad, and Hanifah Haydar Ali Tajuddin. "APPLICATION SHIFTING THE BURDEN OF PROOF IN SYARIAH CRIMINAL CASES UNDER THE SYARIAH COURT EVIDENCE ENACTMENT IN MALAYSIA." JOURNAL OF SHARIAH LAW RESEARCH 9, no. 1 (2024): 27–46. https://doi.org/10.22452/jslr.vol9no1.2.

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Burden of proof is one of the significant aspects in the Syariah Court Evidence Enactment. Inaccurate application of burden of proof and shifting the burden of proof could affect a just handling and outcome of a case. Brief analysis found that the inaccuracy issues seemed to be caused by misunderstandings and different interpretations among the Syariah law practitioners. Thus, the objective of this paper is to mainly identify the legal provisions relating to burden of proof and shifting the burden of proof in the Syariah Court Evidence Enactment. Besides, the paper also aims to analyse cases i

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Wiriadinata, Wahyu. "Corruption and Reversal Burden of Proof." Journal of Public Administration and Governance 4, no. 1 (2014): 62. http://dx.doi.org/10.5296/jpag.v4i1.5447.

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This paper, entitled Corruption and Reversal Burden of Proof, was intended to deal with a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (applicable) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime. Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia? This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is

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Yao, Xian-sen, and Yao-yuan Zhang. "The Burden of Proof on Gang-related Property: Defunctionalization and Regulation." Legal Science in China and Russia, no. 6 (June 6, 2024): 108–17. http://dx.doi.org/10.17803/2587-9723.2023.6.108-117.

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Anti-Organized Crime Law establishes the proof system of gang-related property. However, due to the abstraction of the proof system and the disagreement of the distribution of the burden of proof, the proof system has the risk of blurring the burden of gang-related property, and forms a tendency of confiscation that is unfavorable to the accused. The defunctionalization of the burden of proof is manifested as the defunctionalization of the main body, the content and the function of the burden of proof. In view of the problem, criminal presumption rules, inversion of burden of proof, transfer o

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Effendy, Marwan. "PEMBALIKAN BEBAN PEMBUKTIAN DAN IMPLEMENTASINYA DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA." Jurnal Hukum & Pembangunan 39, no. 1 (2009): 1. http://dx.doi.org/10.21143/jhp.vol39.no1.201.

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AbstrakReversal burden of proof is one of several developing legal doctrine'sregarding criminal procedure law areas, under the law No. 31 1999 yearconcerning against corruption (amended by law No. 202001 year and LawNo. 30 2002 year concerning Commison Against Corruption) hascaracterized combination betwen balanced burden of proof and absoluteburden of proof where the burden of proof not only applicable for corruptioncrime and is placed to the accused front of the court, but is ordered toattorney too beside is burdened to civil servant or state executive out ofcourt.

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Saifuddin, Suhaizad, Hanifah Haydar Ali Tajuddin, Mohd Azhan Yahya, Mohamad Rizal Abd Rahman, and Fatimah Yusro Hashim. "EXAMINING THE APPLICATION OF STANDARD OF PROOF IN CRIMINAL CASES: A COMPARATIVE ANALYSIS OF ISLAMIC LAW AND COMMON LAW IN MALAYSIA." Malaysian Journal of Syariah and Law 12, no. 1 (2024): 11–22. http://dx.doi.org/10.33102/mjsl.vol12no1.491.

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In criminal litigation, evidence plays a very significant role in ensuring that justice is delivered. Nevertheless, justice cannot be achieved without the correct application of standard of proof. Failure to apply the correct standard of proof could result in miscarriage of justice. This paper examines the concept of standard of proof from the Islamic and common law perspectives. It also analyses the similarities and differences in the application of standard of proof under both legal systems. This study is a doctrinal research and utilises qualitative methods. The primary and secondary data a

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Anisa, Lina Nur. "Sumpah Pocong and Proof in Islamic Criminal Law." JURNAL ISLAM NUSANTARA 8, no. 2 (2024): 258. https://doi.org/10.33852/jurnalnu.v8i2.561.

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This article aims to analyze the sumpah pocong as a proof method within Islamic law and modern criminal law. The shroud oath is a unique cultural phenomenon in Indonesian society, especially in dispute resolution and truth verification. Although the shroud oath originates from a traditional tradition that has become part of religious practice in some communities, its validity in the formal legal system is often questioned because it does not meet the standards of proof empirically recognized in Islamic law and positive law. This research employs a library research method with a descriptive qua

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Spottswood, Mark. "Proof Discontinuities and Civil Settlements." Theoretical Inquiries in Law 22, no. 1 (2021): 201–62. http://dx.doi.org/10.1515/til-2021-0009.

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Abstract This Article explores settlement incentives under three different burden of proof rules. The conventional burden of proof is a discontinuous step-function, jumping from no damages to full damages at the 0.5 jury confidence level. Continuous burdens of proof, by contrast, would permit sanctions to steadily increase as juror confidence rises from 0 to 1, with no discontinuity. Linear burdens, which have received extensive attention in prior literature, escalate sanctions steadily across the whole range of confidence levels, while the logistic burden takes a nonlinear form. Using a data

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Hulu, Severius, Diantota Simanjuntak, Josua O. I. Limbong, and M. J. P. Sagala. "PENERAPAN SISTEM PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA PENCUCIAN UANG." Jurnal Darma Agung 27, no. 1 (2019): 822. http://dx.doi.org/10.46930/ojsuda.v27i1.138.

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One of the Government's efforts in emphasizing the rampant money laundering criminal acts or money laundring is giving special attention in the aspect of proof. Proof of true or whether the accused did the Act of charged, became the most important part of the law of criminal procedure. In the perspective of the science of criminal, law is known for three (3) theories about the law of proof: the burden of proof on the prosecution, the burden of proof on the defendant, the burden of proof that was balanced. The relationship of the system of reverse proof is limited on human rights (human rights)

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Haetami, Enden. "The Strength of Electronic Evidence in the View of Islamic Law." International Journal of Science and Society 4, no. 4 (2023): 666–75. http://dx.doi.org/10.54783/ijsoc.v4i4.615.

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Electronic documents are admissible as evidence under Law No. 11 of 2008 about Electronic Information and Transactions; consequently, it is vital to examine the use of electronic documents as evidence in positive Indonesian law and how electronic evidence is seen in Islamic law. Al-Qur'an and As-Sunnah have specified the requirements for criminal proof in Islamic law. This is normative juridical research pertaining to legal norms and regulations, court decisions, and living norms that arise in society. According to the findings of the study, electronic media can be utilized as evidence, but no

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Muda Sipayung, Iskandar. "Analysis of the Crime of Money Laundering with Counterfeiting and Money Laundering Together and Continuing (Case Study of Supreme Court Decision No. 4857 K/Pid.Sus/2024)." International Asia Of Law and Money Laundering (IAML) 4, no. 1 (2025): 26–31. https://doi.org/10.59712/iaml.v4i1.117.

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This paper departs from the problems of any criminal acts related to money laundering as supplementary crimes and is there a legal basis to apply pengga / ihan burden absolute proof (shifting burden of proof~ in the process of money laundering. Results the study concluded, that the falsification of letters that become predicate crime. Legal basis for applying the absolute transfer of the burden of proof (shifting burden of proof in the process of money laundering applied Article 263 Paragraph (1) Criminal Code juncto Article 55 Paragraph (1) to 1 Criminal Code juncto Article 64 Paragraph (1) C

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Jurkeviča, Tatjana, and Kaspars Šmits. "BURDEN OF PROOF: PROCEDURAL UNDERSTANDING OF STANDARD OF PROOF." Administrative and Criminal Justice 3, no. 80 (2017): 44. http://dx.doi.org/10.17770/acj.v3i80.2788.

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Topicality of a subject-matter “Burden of proof: Procedural understanding of standard of proof” is based on ambiguous understanding of the standard of proof in legal practice, that is, of the moment when a fact is considered to be proven or unproven. Goal of an article is to research legal regulation of burden of proof in civil procedure, administrative 51ADMINISTRATĪVĀ UN KRIMINĀLĀ JUSTĪCIJA 2017 3 (80) procedure, administrative offence procedure and criminal procedure law and to determine standard of proof within each of these procedures. Burden of proof, or duty to prove claimed fact, is an

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Mulyadi, Lilik. "ASAS PEMBALIKAN BEBAN PEMBUKTIAN TERHADAP TINDAK PIDANA KORUPSI DALAM SISTEM HUKUM PIDANA INDONESIA DIHUBUNGKAN DENGAN KONVENSI PERSERIKATAN BANGSA-BANGSA ANTI KORUPSI 2003." Jurnal Hukum dan Peradilan 4, no. 1 (2015): 101. http://dx.doi.org/10.25216/jhp.4.1.2015.101-132.

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This article describes some problems of the result of research regarding the shifting of burden of proof upon corruption offences in the Indonesian system of criminal law with regards UN Convention Against Corruption (UNCAC) 2003. There are two basic questions which become the research objections, firstly: to what extent the shifting of burden of proof has been implemented in the criminal court regarding corruption cases, and secondly, to what extent does the legislation policy apply for the shifting of burden of proof in relation with UNCAC 2003. The article uses normative research which regu

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VAPNIARCHUK, Viacheslav V., Oksana V. KAPLINA, Ivan A. TITKO, Volodymyr I. MARYNIV, and Oksana V. LAZUKOVA. "The Burden of Criminal Procedural Proof." Journal of Advanced Research in Law and Economics 10, no. 1 (2019): 386. http://dx.doi.org/10.14505//jarle.v10.1(39).40.

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The urgency of the article stated in the article is due to the need to revise traditional scientific views on certain peculiarities of criminal procedural evidence in connection with the expansion of the adversarial nature of domestic criminal proceedings. The purpose of the paper is to determine the essence of the category ‘burden of proof’ and justify the necessity of introducing it into scientific and law enforcement circulation. The main approach to the study of this problem was to carry out a critical analysis of the norms of the current criminal procedural legislation that regulates the

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Amaral, Guilherme Rizzo. "Burden of Proof and Adverse Inferences in International Arbitration: Proposal for an Inference Chart." Journal of International Arbitration 35, Issue 1 (2018): 1–30. http://dx.doi.org/10.54648/joia2018001.

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This article addresses two subjects that are relevant to the finding of facts in international arbitration, namely, the burden of proof and the power of the arbitral tribunal to draw adverse inferences. Regarding the burden of proof, it shows that despite the existence of a general rule stating that the party making the allegation carries the burden to prove it, there are other factors – such as the applicable law to the merits or to the procedure – that may play a role in defining it. In circumstances where the party carrying the burden of proof is not able to discharge it without evidence th

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Voitovich, Lilia V., Elena A. Nakhova, and Elena V. Silina. "The subject of proof and the burden of proof in civil proceedings in the Anglo-Saxon and continental legal systems of foreign countries." Vestnik of Saint Petersburg University. Law 14, no. 4 (2023): 1062–76. http://dx.doi.org/10.21638/spbu14.2023.414.

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The article deals with the problems of the concept and legal nature of the subject of proof and the distribution of the burden of proof in civil proceedings in the countries of the Anglo-Saxon and continental legal systems. The authors point out the need for a fundamental revision of the Russian theory of evidence and making the necessary changes to procedural legislation, taking into account the positive experience of the legal regulation of the subject of proof in the procedural legislation of other states and the reception of certain positively tested norms of procedural legislation of fore

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Lisova, Anna P. "The Burden of Proving in the Criminal Procedure of the Main European States." Advocate’s practice 3 (April 29, 2021): 44–49. http://dx.doi.org/10.18572/1999-4826-2021-3-44-49.

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The article contains a summary of the theoretical and legal aspects of foreign criminal procedure law (using the examples of Germany, France and Italy) related to the legal phenomenon of «burden of proof». Conclusions are formulated that: the criminal procedural law of these states assesses the legal phenomenon «the burden of proof» as an integral part of the principle of the presumption of innocence; the admissibility of the transfer of the burden of proof of certain circumstances of the criminal case from the prosecution to the defense is admitted, while the grounds and scope of such transfe

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Sagita, Afrianto. "PEMBAHARUAN KEBIJAKAN HUKUM PIDANA TERKAIT BEBAN PEMBUKTIAN PADA TINDAK PIDANA KORUPSI DALAM RANGKA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA." Jurnal Hukum Respublica 17, no. 2 (2018): 309–30. http://dx.doi.org/10.31849/respublica.v17i2.2095.

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Abstract This research aims to find out and analyze about how the criminal law policy reform related to the burden of proof theory can be used as the legal instruments in order as a tool to recover the state financial losses. This research has the type of Normative legal research, which has done by examining the library materials or the secondary data. The result for this reserach explain which Presumption Of Guilty is very urgent to be contained on the Eradication Of Corruption Crime Law Policy and it is considered to implement as immediatly. The application of the Presumption Of Guilty

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Kandala, LJJ. "Contemporary International Environmental Law: The Precautionary Principle and Reversal of the Burden of Proof." Denning Law Journal 33, no. 1 (2025): 161–76. https://doi.org/10.5750/dlj.v33i1.2070.

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Assessing the burden of proof concerning the safety of human activities for both health and the environment presents a nuanced and intricate challenge. This paper delves into the evolving standards of burden of proof, examining the application and consequences within international environmental law. It addresses the issue of the allocation of the burden of proving harmlessness between developers and those impacted by activities. Employing a doctrinal research approach, this paper observes a shift in the allocation of the burden of proof in contemporary international environmental law. The pape

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Teixeira, Luiza Vitoria Theodorio, Maria Fernanda Oliveira Rocha, and Vera Mônica Queiroz Fernandes Aguiar. "A INVERSÃO DO ÔNUS DA PROVA NO DIREITO AMBIENTAL: UMA ANÁLISE DOS FUNDAMENTOS UTILIZADOS PELO SUPERIOR TRIBUNAL DE JUSTIÇA." Revista ft 29, no. 145 (2025): 58–59. https://doi.org/10.69849/revistaft/fa10202504252358.

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This study addresses the issue of the reversal of the burden of proof in environmental law, with an analysis of the grounds used by the Superior Court of Justice (STJ) for its application, consolidated by the creation of Summary No. 618 in 2018. Among the reference grounds analyzed are objective liability, the Consumer Protection Code, and the precautionary principle. The topic is of great relevance in the current national context, where environmental preservation is a priority. However, although the environment is an essential constitutional right, it is crucial that its protection does not v

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Taufik, A. Taufik. "Verstek Divorce Case in the Perspective of Positive Law and Islamic Law." Law Development Journal 1, no. 2 (2020): 90. http://dx.doi.org/10.30659/ldj.1.2.90-98.

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The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, e

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Azizah, Hanifah, M. Hamdan M. Hamdan, Mahmud Mulyadi, and Sunarmi Sunarmi. "Analisis Pembuktian Terbalik Pada Tindak Pidana Pencucian Uang (Studi Putusan MA NO. 1454 K/PID.SUS/2011; PUTUSAN MA NO. 537 K/PID.SUS/2014; PUTUSAN MA NO. 336 K/PID.SUS/2015)." Journal of Education, Humaniora and Social Sciences (JEHSS) 4, no. 1 (2021): 80–87. http://dx.doi.org/10.34007/jehss.v4i1.588.

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TPPU (Money Laundering Criminal Act) is regulated in Law 8/2010 on Prevention and Eradication of TPPU. The research was focused on TPPU which corruption as its principle criminal act, Its Law enforcement by using reversal of the burden of proof. The research used juridical normative and descriptive analytic method. The data were gathered by conducting library research and analyzed qualitatively, and the conclusion was drawn deductively, from general to specific. The purposes of this research is to know about the regulation on reversal of the burden of proof in Law on TPPU and the implementatio

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Wiriadinata, Wahyu. "Korupsi dan Pembalikan Beban Pembuktian." Jurnal Konstitusi 9, no. 2 (2016): 313. http://dx.doi.org/10.31078/jk924.

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This paper was intended to answer a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (prevailing) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime. Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia? This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is a tool of social engineering. This concept was cited b

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Jurkeviča, Tatjana. "Burden of Proof: Standard of Proof in Court Proceedings (Latvian Experience)." De Securitate et Defensione. O Bezpieczeństwie i Obronności 8, no. 2 (2023): 216–32. http://dx.doi.org/10.34739/dsd.2022.02.14.

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Topicality of a subject-matter “Burden of proof in major court proceedings” is based on ambiguous understanding of the standard of proof in legal practice, that is, of the moment when a fact is considered to be proven or unproven. Goal of an article is to research legal regulation of burden of proof in civil procedure, administrative procedure, administrative offence procedure and criminal procedure law and to determine standard of burdens of proof within each of these procedures. Burden of proof, or duty to prove a claimed fact, is an essential element of any evidentiary proceedings. Determin

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Kegge, Rogier. "The precautionary principle and the burden and standard of proof in European and Dutch environmental law." Review of European Administrative Law 13, no. 2 (2020): 113–31. http://dx.doi.org/10.7590/187479820x15930701852274.

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This article offers an analysis of the application of the precautionary principle by European courts and the highest Dutch administrative courts in environmental cases. The precautionary principle is one of the leading principles in EU environmental law, but it has no unequivocal meaning. This makes the principle difficult to apply and the allocation of the burden of proof and the level of standard of proof complex matters. In the context of the allocation of the burden of proof, it is essential to make the distinction between the precautionary principle invoked as an obligation or a justifica

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