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Indonesia Council Open Conference 2025
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Assessing the Potential for Deferred Prosecution Agreements (“DPA”) in Indonesia: A Consideration for the Judicial Oversight

Individual Paper

Individual Paper

11:30 am

08 July 2025

Forum 2 (Melbourne Connect)

Session 1: Criminal Justice: Alternative Sanctions, Human Rights and Judicial Oversight

One Conference streams

Politics & Law

Submission Description

According to the new Criminal Code Act 2023, Indonesia now acknowledges corporations as entities subject to criminal law. The resolution of corporate crimes is generally intricate and challenging, in contrast to individual crimes. This rationale motivates Western nations, including the UK and US, to employ alternate strategies for addressing corporate offenses, such as the Deferred Prosecution Agreement (“DPA”) mechanism. Countries like Australia and Indonesia are now contemplating the implementation of DPA. Australia is advocating DPA in the Bill to Amend the Combating Corporate Crime Act, while Indonesia has explored the potential in the Medium-Term Development Plan Draft. By using doctrinal research, this study will emphasize the implementation of DPA, the court's role, and its oversight. This study will examine the optimal method for monitoring the execution of DPA agreements, either by creating an independent ad hoc authority or enhancing the function of judicial oversight via the Preliminary Examination Judge.

Presenters

Presenters

Individual Paper Presenters

Dr. Febby Mutiara Nelson - Faculty of Law, Universitas Indonesia