Jurnal Wawasan Yuridika
Vol 6, No 2 (2022): September 2022

Deferred Prosecution Agreement: a Restorative Approach in Tackling Corruption Committed by Corporations

Mas Putra Zenno Januarsyah ((Scopus ID: 57215023272) Sekolah Tinggi Hukum Bandung (STHB))
Widiada Gunakaya (Sekolah Tinggi Hukum Bandung (STHB))
Asep N. Mulyana (Kementerian Hukum dan Hak Asasi Manusia Republik Indonesia)



Article Info

Publish Date
28 Sep 2022

Abstract

This study aims to analyze the restorative approach to overcoming criminal acts of corruption committed by corporations through a deferred prosecution agreement. This research is descriptive with normative juridical research using secondary data in the form of primary, secondary, and tertiary legal materials through a statute approach and a conceptual approach. Data was collected using a document study, then analyzed qualitatively. The study results show that the deferred prosecution agreement is the ideal model for returning state financial losses due to corruption. This concept can be applied in Indonesia. In addition, this model provides legal certainty and legal benefits. As a consequence, as a dual-track system, deferred prosecution agreements also remain in the corridor of settlement through the criminal justice system.

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Journal Info

Abbrev

jwy

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely ...