Kepastian Hukum Atas Frasa Tindak Pidana Korporasi Dalam Mekanisme Deferred Prosecution Agreement

Abstract

The regulation of the Deferred Prosecution Agreement (DPA) mechanism in Article 328 paragraph (2) of Law No. 20/2025 concerning the Criminal Procedure Code (KUHAP) lacks clear normative boundaries, thereby creating the potential for legal uncertainty in its application. This study aims to analyze the extent to which the regulatory formulation of the DPA mechanism in Article 328 paragraph (2) of the KUHAP 2025 satisfies the principle of legal certainty. The research employs a normative legal method utilizing both statutory and conceptual approaches. The analysis is conducted based on four parameters of legal certainty : clarity of norms, measurability, predictability, and consistency of norms. The findings indicate that the phrase "corporate criminal offense" within Article 328 paragraph (2) of the 2025 KUHAP remains vague norms; it fails to define the specific types of offenses eligible for resolution via DPA, thereby allowing for open multiple interpretations, excessively broad discretion of public prosecutors, and potentially leading to disparities in law enforcement. Consequently, there is a need for an explicit formulation of normative parameters that strictly limit the scope of DPAs based on the characteristics of corporate criminal offenses, in order to ensure legal certainty, consistency, proportionality, and accountability in the application of the DPA mechanism