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