KONSEP DEFERRED PROSECUTION AGREEMENT (DPA) DALAM PERTANGGUNG-JAWABAN PIDANA KORPORASI SEBAGAI BENTUK ALTERNATIF PENYELESAIAN SENGKETA

Abstract

Corporate prosecution through formal prosecution is considered to be able to destroy the corporation. If possible, the punishment of the corporation should not cause the corporation to go bankrupt and go bankrupt. The entanglement of corporations in criminal law does not only occur in Indonesia, in the world several phenomenal big cases have disrupted the company's health, which has impacted the company to make efficient by closing several of its subsidiaries and automatically downsizing the number of employees, namely the case that happen to Siemens Aktiengesellschaft (AG) and Volks Wagen (VW). To minimize the bankruptcy of corporations as a result of being convicted, several countries apply the Deferred Prosecution Agreement. The Deferred Prosecution Agreement is an alternative form of dispute resolution carried out outside the court. The author wants to know how the advantages and disadvantages of implementing the Deferred Prosecution Agreement if it is applied in Indonesia by using a conceptual approach and a comparative approach to the application of the Deferred Prosecution Agreement in England and America, to produce the concept of implementing the Deferred Prosecution Agreement in Indonesia. The results of the author's research, the concept of setting up a Deferred Prosecution Agreement at least contains: 1) Corporate approval for cooperation, 2) Process supervision by Judges, 3) Determining the term of the agreement, 4) Standard agreement clauses, 5) Considerations for the use of deferred prosecution agreement only for certain cases. However, we also need to know the advantages and disadvantages of this Deferred Prosecution Agreement concept if applied in Indonesia. The advantages are: 1) The company's reputation and trust are maintained, 2) Minimizes corporate bankruptcy, 3) Shorten, simple and low-cost case resolution, 4) Prosecutors are given the power to regulate the contents of the agreement. Weaknesses: 1) Prone to abuse of authority, 2) Need to make special rules (Lex Specialis). The author suggests that if you apply the concept of the Deferred Prosecution Agreement to corporate crimes, the attorney general should make regulations that regulate the guidelines for the implementation of the Deferred Prosecution Agreement and the standard operating procedures of the prosecutor dealing with the Deferred Prosecution Agreement. If supervision is needed, it is necessary to make special rules regarding the Supervisory Board.