Rekonstruksi Standar Pembuktian Nexus Korupsi dan Harta Kekayaan dalam Perkara Pencucian Uang

Abstract

Money laundering derived from corruption raises a normative issue concerning the relationship between proof of the predicate offense, the criminal origin of property, and the reversal of the burden of proof. This study analyses the normative construction of that relationship, examines relevant decisions of the Constitutional Court and the Supreme Court, and reconstructs an evidentiary nexus standard. It employs normative legal research using statutory, conceptual, and case approaches, with legal materials analyzed through grammatical, systematic, and teleological interpretation. The study finds that Article 69 of Law Number 8 of 2010 removes the requirement of prior conviction but does not eliminate the need to establish a connection between property and the predicate offense. Judicial decisions confirm the necessity of such a connection but have not developed a uniform evidentiary threshold. This study proposes a minimum evidentiary nexus standard, satisfied through a prima facie nexus based on temporal, transactional, ownership/control, value, and behavioral indicators. The defendant’s evidential burden concerning legitimate origin should operate only after such nexus is established, while unexplained wealth functions as corroborative evidence.