Showing posts with label burden of proof. Show all posts
Showing posts with label burden of proof. Show all posts

Wednesday, July 3, 2013

Violating the rule of law to save the rule of law? (Indonesia)

To what extent is it permissible to violate legal principles in order to save the legal system? In the U.S., we've often had such debates when it comes to balancing human rights during wartime, from Lincoln's suspension of habeas corpus during the Civil War to extradition during the War on Terror.

In Indonesia, legal scholars and activists are now considering whether the government should lower the presumption of innocence in order to facilitate the prosecution of corruption suspects. The Corruption Eradication Commission has used burden shifting to require corruption defendants to prove their innocence.