Application of the Deferred Prosecution Agreement Concept in Indonesia Sample Clauses

Application of the Deferred Prosecution Agreement Concept in Indonesia. The Indonesian criminal justice system needs to be considered in adapting the DPA. This is by the law enforcement model against the specified corruption crime, namely the return of state losses due to criminal acts of corruption and considering providing reduced sentences for the suspect or defendant. The principle of opportunity in the law enforcement model in Indonesia still does not ac- commodate the provisions in the United Nations Convention Against Corruption (UNCAC) (Nasution & Bismar, 2006). Deferred ProsecutionAagreement is a negotiation carried out by the Prosecutor with the de- fendant or his lawyer, where the defendant here is a corporation, to divert the prosecution from the judicial process or deal with corporate errors through administrative or civil recovery procedures (Xxxxxxxx, 2015). Deferred ProsecutionAagreeement is carried out voluntarily between prosecutors and corporations based on self-reporting of the perpetrator or the Prosecutor's findings for crimes. The DPA mechanism always requires a compliance program for corporations. The DPA concept directly or indirectly regulates a concept adhered to by procedural law in Indonesia, namely the simple, fast, and low-cost principles. It is also hoped that the Deferred Prosecution Agreement can solve the prob- lems in handling corporate criminal cases (Sinaga, 2021). In implementing DPA in Indonesia, it is necessary to consider the following matters (Mutiara, 2019):
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