Serious Fraud Office, “Defered Prosecution Agreement”, www.sfo.gov.uk/publications/guidance-policy-and-protocols/deferred-prosecution-agreements/, downloaded 20 April 2019 Explaining the importance of the principle of dominus litis, which means that the prosecutor as the head of the case, Asep stressed that the concept of DPA can be applied in Indonesia. With regard to the authority of the prosecutor, Asep also explained the principle of expediency which gives the Attorney General a prerogative to continue or stop the process of a case. Nelson, Febby Mutiara, “Simple, Fast, and Light Cost Trial: Initiating The Handling of Corruption Crimes through the Concept of Plea Bargaining and Defered Prosecution Agreement,” PhD thesis, Depok: Universitas Indonesia, 2019. United Kingdom, Schedule 17 Crime and Courts Act 2013 Fulbright, Norton Rose, “Deferred Prosecution Agreements-Justice Delayed or Denied?”, Asia Pacific Insight, No. 14 March 2018, Asia Pacific Insights. Suhariyanto, Budi, “Restorative Justice in Corporate Criminalization of Corruption Perpetrators to Optimize The Return of State Losses,” Jurnal Rectsvinding, volume 5 No. 3 December 2016, Jakarta: Ministry of Justice and Human Rights. Asep said the precedent for applying the DPA concept already exists in the country. He revealed that there was one day a garlic transaction between co-oratory units in the Middle East and companies in China. During the payment, money destined for China was transferred to one of the country`s red-plate banks.
Republic of Indonesia, Law No. 20 years 2001 relating to the amendment of Law No. 31 of 1999 on the elimination of corruption, supplement to status 4150. Serious Fraud Office – Crown Presecution Service, “Deffered Prosecution Agreements Code of Practice”, the Company has an important role in the economic development of a country, but it is not uncommon for companies in their activities to commit deviant acts or crimes with different modus operandi. One way to dissolve offences committed in the UK is the Membership Agreement (DPA), as defined in the Crime and Courts Act 2013. DPA is in fact the narrowing of criminal prosecutions in advance, provided that the group meets certain conditions within a specified time frame. The dpa can be considered by Indonesian law enforcement and Indonesian lawmakers to try to solve corporate crimes that harm the country`s economy. In order to enforce the DPA in Indonesia, basic legislation must determine whether the company is criminally responsible in Indonesia, as well as the authority of prosecutors to temporarily suspend prosecutions. Lioyd, Dennis and M.D. A Freeman. Introduction to case law, London: Sweer – Maxwell Limited. According to the author of the Deferred Prosecution Agreement in Business Welfare, Asep Nana Mulyana, the mere understanding of DPA is the prosecutor`s authority to prosecute, but agreed not to follow with certain conditions and criteria.
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