The presumption of innocence is the principle that a person accused of a criminal offence is to be regarded as innocent until proven guilty according to law by a final judgment of a court.
Legal Sources
The principle is recognised in Article 11(1) of the Universal Declaration of Human Rights and Article 14(2) of the International Covenant on Civil and Political Rights. In Indonesia, Article 8(1) of Law No. 48 of 2009 on Judicial Power provides that every person who is suspected, arrested, detained, prosecuted or brought before a court must be presumed innocent until a final court judgment declares the person guilty.
Consequences
The presumption places the burden of proof on the prosecution. The accused need not prove innocence; Article 66 of the Indonesian Code of Criminal Procedure states that a suspect or defendant is not burdened with the obligation of proof. Guilt must be established to the required standard: in English law, beyond reasonable doubt; in Indonesian law, by at least two valid items of evidence leading to the judge's conviction.
Beyond the Courtroom
The presumption also governs how the state and the media treat suspects. Public officials should avoid declaring a suspect guilty before trial, and detention before trial should be the exception rather than the rule.
Limits
Some statutes shift an evidential burden to the defence on particular issues, such as the lawful origin of assets in certain corruption and money laundering proceedings. Such provisions must remain proportionate if they are to be compatible with the presumption.