THE IDEA OF PREVENTING CORPORATE CORRUPTION THROUGH DEFERRED PROSECUTION AGREEMENT (DPA) IN INDONESIA
Arija Br Ginting1*, Febby Mutiara Nelson2, Topo Santoso3
1Ms.S.H.,M.H, Universitas Indonesia, Indonesia, arija.br@ui.ac.id
2 Ms.S.H.,M.H, Universitas Indonesia, Indonesia, febbymutiara_n@yahoo.com
3 Prof. Dr. S.H.,M.H, Universitas Indonesia, Indonesia, santosox@ui.ac.id
*Corresponding author
Abstract
Nowadays, corporate corruption cases handled by Indonesian Corruption Eradication Commission (KPK) reached 90%. From 2004 to 2016, corruption in the form of bribes amounted to 50.9% of all corruption types. Corporate involvement is typically in the form of Complicity and nowadays may result any development. However corporation that are criminally punished are very low in percentage, therefore Supreme Court Decree or PERMA No.13 of 2016 is expected as a repressive solution to the problem by way of formalizing corporate criminal procedural law. According to the authors, the commitment of preventing corporate corruption attributed to the nature of contemporary corporations is far more important than such repressive measures. So that the authors offer the Deferred Prosecution Agreement (DPA) mechanism as a preventive measure to combat the corporate corruption in Indonesia. DPA was originally practiced by common law countries, but it is not impossible to be applied in civil law countries like Indonesia. The proof is that Indonesia has also adopted many concepts of criminal law from the common law state. Thus this article will discuss several things, namely: (1) some civil law concepts adopted by the common law system that indicate Indonesia's opportunity to implement DPA (2) The idea of preventing corporate corruption contained in the DPA, and (3) some notes on the weaknesses and advantages of DPA if it is applied in Indonesia and some critism to the PERMA No.13 of 2016 is also analyzed. Comparative approach of law and literature study, especially between civil and common lawstate, was chosen to answer the problem. Furthermore, all data obtained were analyzed qualitatively.
Keywords: Deferred prosecution agreement, Corruption, Corporation
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