Initiating the Plea Bargaining: An Effort to Optimize the Return of State Financial Losses on Corruption

Abstract

The current orientation of law enforcers is still focused on punishing corruptors with imprisonment, while the return of state financial losses due to corruption is not optimal in its implementation. This study aims to examine the paradigm shift of sentencing in corruption which focuses on recovering state losses and their implementation. The paradigm shift of sentencing in several countries in the world has now shifted, including the application of the Plea Bargaining and Deferred Prosecution Agreement (DPA) by several countries, but in this article, the discussion will focus on Plea Bargaining. This research is legal research with document analysis and uses comparative legal methods. The United States and Pakistan were selected as comparison countries because the United States was the earliest country to implement Plea Bargaining, implemented many Plea Bargaining in its criminal justice system and, had many studies on Plea Bargaining, while Pakistan was chosen as a comparison because it is a country that has implemented Plea Bargaining in the criminal justice system as an effort to optimize the return of state financial losses. This article will discuss the possibility of Indonesia implementing Plea Bargaining in law enforcement against corruption to optimize the return of state financial losses due to corruption

Concept of Benefit Owner's Responsibility in Crime in Indonesia: Charging Criminal Actors Behind Corporates

“…This writing uses qualitative methods and concepts with historical and comparative approaches through the literature which discusses the problems in this writing (Nelson & Santoso, 2020). Data collection techniques use general data and official records as well as mass media and electronic media (Singleton, et al, 1988).…”

The effect of the quality of local government financial reports on corruption moderated with the audit findings

“…Aminah, Suhardjanto, D., Rahmawati, & Winarna, J. / Economic Annals-XXI (2022), 197 (5)(6), 45-50 KKN is centralized among the president's family, military leaders, and conglomerates (Nelson & Santoso, 2020). However, the emergence of democracy introduced in the 1998 reform era in Indonesia has made corruption cases easier to identify with the freedom of the media.…”