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All Journal Jurnal Wawasan Yuridika
Prija Djatmika
Faculty of Law, Brawijaya University, Malang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Regulatory Model and Minimum Safeguards for Conditional Prosecution in Corruption Cases Angga Rizky Bagaskoro; Prija Djatmika; Faizin Sulistio
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i2.4655

Abstract

The enactment of Law No. 20 of 2025 on the Criminal Procedure Code has provided a legal basis for deferred prosecution agreements. However, their application in corruption cases still raises questions concerning the limits and minimum safeguards required to prevent prosecutorial discretion from developing into selective leniency. This article examines the juridical implications of conditional prosecution in corruption cases and formulates a regulatory model and minimum safeguards compatible with Indonesia’s anti-corruption framework. This study employs normative legal research using statutory, conceptual, and comparative approaches by examining the United States, the United Kingdom, France, and Singapore. The findings show that the recognition of deferred prosecution agreements must be accompanied by rules that limit the cases eligible for this mechanism and ensure accountability in its implementation. The proposed model places the procedural basis within criminal procedure law, while corruption-specific safeguards are regulated through the anti-corruption regime and technical prosecutorial guidelines. The novelty of this study lies in the formulation of operational minimum safeguards, including eligibility criteria and mandatory exclusions, verified obligations for the recovery of state losses and compliance, judicial validation, transparency and monitoring, as well as legal consequences for breach of the agreement.
Criminal Liability of Political Parties as Legal Entities in Money Laundering from Corruption Iqmal Eaby Mugy Mahawidya; Prija Djatmika; Ngesti Dwi Prasetyo
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i2.4656

Abstract

Money laundering derived from corruption may involve political parties when illicit assets are received, controlled, or used through their organizational structures. The legal issue arises from the status of political parties as legal entities (rechtspersoon) and the absence of clear parameters for attributing money laundering conduct to the organization rather than solely to individual members or officials. This research examines the position of political parties as corporations in the money laundering regime and formulates a justice-based model of criminal liability. It employs normative legal research using statutory, conceptual, and limited comparative approaches. The findings show that criminal liability may be attributed to a political party when there is a demonstrable institutional connection between the conduct of its organs, the flow and use of illicit assets, and the interests of the organization. Such attribution is assessed through institutional benefit, the use of organizational structures or facilities, and failure of prevention or internal control. A justice-based model therefore requires a clear distinction between personal and institutional liability, accompanied by proportionate sanctions focusing on asset recovery and the strengthening of internal compliance.
Co-Authors Angga Rizky Bagaskoro Faizin Sulistio Iqmal Eaby Mugy Mahawidya Ngesti Dwi Prasetyo