Reform of Criminal Law through Restorative Justice in Returning State Losses from Corporation as the Perpetrator of Corruption

Abstract

The development of an increasingly complex country raises a variety of new problems involving corporation, one of which is a criminal act of corruption involving corporation. Based on Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption and Regulation of the Supreme Court of the Republic of Indonesia No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporation, criminal liability for corruption involving corporations can already be requested from the management, corporation, and the management and corporation. The concept of law enforcement that continues to develop raises an approach or method of problem solving that focuses on recovery and coaching in the application of sanctions, the approach is known as restorative justice. However, the concept has not been fully applied in Indonesian laws and regulations, especially for corporations. The restorative justice approach has many similarities with the method of resolving criminal acts involving corporations in the United States, the method is known as the Deferred Prosecution Agreement (DPA) and Non-Prosecution Agreements (NPA). DPA or NPA in principle is a solution to the problem of corporate crime to agree to postpone or not prosecute provided unless the corporation meets the conditions and requirments set. In addition, it is stated in writing in the form of agreements called Deferred Prosecution Agreements or Non-Prosecution Agreements.