Legal analysis demonstrates environmental restoration potential of deferred prosecution agreements for corporate offenders, indicating a need for clear implementation standards.
The reform of corporate criminal law in the Criminal Procedure Code (KUHAP) introduces the Deferred Prosecution Agreement (DPA) as a case resolution mechanism that emphasizes legal compliance, loss recovery, and efficient law enforcement. This article aims to analyze the provisions of the DPA as an instrument for reforming corporate criminal law in the environmental sector and examine the implications and challenges of its implementation following the Job Creation Law and the New Criminal Procedure Code. This research is a normative legal study with a statutory and analytical approach. The results show that the DPA presents a new paradigm that is not solely oriented towards criminalization but also encourages environmental restoration by imposing obligations on corporations to improve governance, implement compliance programs, and undertake corrective actions. However, the effectiveness of its implementation remains hindered by a lack of technical guidelines, unclear environmental restoration standards, and the need to strengthen oversight mechanisms. Therefore, comprehensive implementation regulations and harmonization with the environmental law enforcement system are needed so that the DPA can become an effective, accountable, and environmentally restoration-oriented instrument for reforming corporate criminal law.
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Meyke Risexio (2026) studied this question.
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