Reorientation of Corruption Criminal Act Removal in the Optimization of State Financial Loss Return Using Deferred Prosecution Agreement Concept

DOI

10.2991/icils-19.2019.32How to use a DOI?

Keywords

Corruption, State Financial Loss, Deferred Prosecution Agreement

Abstract

Current Corruption Criminal Act in Indonesia is in particularly systemic development, there are constraints because of no any removal tool by which it may be formed by using a restorative approach and making criminal law function to be ultimum remedium. The objective of this study is to examine Deferred Prosecution Agreement concept in the optimization of state financial loss return. The specification of study is descriptive, normative juridical, and methods used are statute approach and conceptual approach. The technique of data collection used is literature study. The data were analyzed by using qualitative method. The results of the study on problems under investigation showed that Deferred Prosecution Agreement concept may be an alternative solution to overcome constraints in the removal of corruption criminal act in terms of state financial loss return under optimal. Using Deferred Prosecution Agreement concept, the public prosecutors having prosecution authorities in cases of corruption criminal act are able to delay prosecution even abolish when corruption criminal actor corporation with voluntary and cooperative actions, as well as commitment to improve corporate management to prevent them from corruption acts in the future. Even Deferred Prosecution Agreement concept is in accordance with restorative approach and criminal law function as ultimum remedium.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mas Putra Zenno Januarsyah
AU  - Ihwan Sutiawan
AU  - Elisatris Gultom
PY  - 2019/11
DA  - 2019/11
TI  - Reorientation of Corruption Criminal Act Removal in the Optimization of State Financial Loss Return Using Deferred Prosecution Agreement Concept
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 181
EP  - 188
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.32
DO  - 10.2991/icils-19.2019.32
ID  - ZennoJanuarsyah2019/11
ER  -