PENERAPAN DEFERRED PROSECUTION AGREEMENT (DPA) DALAM TINDAK PIDANA KORUPSI OLEH KORPORASI DI INDONESIA

Corruption prevention is one of the agenda of law reform that has been implemented by the Indonesian Government. However, there is a gap in the most important objective of combating corruption crimes to restore the country's financial losses with the fact that the field is not as easy as imagined to return the country's financial losses. So there needs to be a new paradigm as an effort to maximize the return of state financial losses due to corruption crimes which will then be discussed in this thesis titled "Implementation of Deferred Prosecution Agreement (DPA) in Corruption act by corporations in Indonesia" The thesis aims to determine if the DPA is acceptable in the Indonesian legal system as one of the roads traveled or a solution in the completion of a corporate corruption act. The type of research used is normative, using statute approach, conceptual approach, and comparative approach. That in the United States the most happening is corruption and fraud (fraud) that corporations do. The main component of the corruption is the evasion, price setting, trading of stocks by insider, and higher stock valuation (stock over valuing), and so on. The United States has introduced a system of DPA which is applied is still limited to corporate crimes, namely crimes that are considered to consume energy, time and high costs plus a difficult evidence. In Indonesia, corporations can become perpetrators of corruption crimes and are responsible for corruption, so that they can be prosecuted as perpetrators. The Indonesian criminal justice system needs to consider adapting the DPA model in the country's refund of corruption by corporations. This thinking is based on the suitability of this model with provisions in UNCAC