The Implementation of the Deferred Prosecution Agreement Concept to Corruption by Corporations with the Anti-Bribery Management System (SNI ISO 37001: 2016)

Abstract

Prevention of corruption is one of legal reform agendas that has been implemented by the Indonesian government. However, there is a gap in the main objective of the prevention to restore the country’s financial losses. Returning state’s financial losses is not easy. There are needs of a new paradigm to maximize the return of state financial losses caused by corruption. In the United Kingdom, the Serious Fraud Office used the Deferred Prosecution Agreement to handle Rolls-Royce’s alleged corruption offenses. One of the requirements is a legal compliance program that the corporation must obey. This study conducted in a form of a descriptive study. It employed normative juridical research type with statute and conceptual approaches, as well as legal comparison. The data was collected through literature studies before subsequently analyzed qualitatively. The results show that the implementation of the concept of deferred prosecution on corruption crimes committed by corporations with anti-bribery management system (SNI ISO 37001: 2016) is stated in the legislation policy related to the prohibition of corruption crimes committed by corporation. Any corporations can be held criminally accountable. However, policies and regulations in Indonesia do not require corporations to follow the legal compliance program.