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p-Index From 2020 - 2025
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All Journal International Journal of Sociology and Law
Mispansyah Mispansyah
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Opening Opportunities for Fairness in Developing Alternative Sanctions for Corporations in Corruption Cases Nani Arianti; Mispansyah Mispansyah; Suprapto Suprapto
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.788

Abstract

Corporate corruption poses a significant threat to economic stability and public trust. Traditional punitive sanctions, such as substantial fines or dissolution, often fail to achieve restorative justice and can lead to unintended consequences, including harm to innocent employees and stakeholders. This paper explores the imperative of developing alternative sanctions for corporations implicated in corruption cases, with a central focus on establishing a framework grounded in fairness. Through a normative juridical research method employing statutory, comparative, and conceptual approaches, this study analyzes the limitations of the current punitive paradigm. It examines various alternative sanctions, including Deferred Prosecution Agreements (DPAs), Non-Prosecution Agreements (NPAs), corporate monitorship, and mandatory compliance program overhauls. The findings indicate that these alternatives offer a more flexible and effective mechanism for balancing accountability with corporate rehabilitation. They create opportunities to incentivize self-reporting, cooperation, and genuine internal reform. This paper concludes that by integrating principles of proportionality, restorative justice, and forward-looking prevention into the legal framework, a fairer and more effective corporate sanctioning system can be developed. Such a system would not only penalize misconduct but also foster a culture of corporate integrity and contribute more effectively to the broader fight against corruption.
The Dominus Litis Principle and the Public Prosecutor's Interest in Case Control Achmad Yani; Mispansyah Mispansyah; Ahmad Syaufi
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.789

Abstract

The Public Prosecutor holds a central role in the criminal justice system as the primary controller of the prosecution process. This authority is based on the fundamental principle of Dominus Litis, which literally translates to "master of the case." This paper aims to deeply analyze the implementation of the Dominus Litis principle and to examine the various interests underlying the Public Prosecutor's authority in controlling a criminal case. Using a normative juridical research method with a literature and conceptual approach, this study investigates how the principle legitimizes the prosecutor's power to determine whether a case is suitable for trial, to terminate it, or to resolve it through alternative mechanisms. The analysis reveals that the prosecutor's interest in case control is not merely limited to technical-juridical aspects but also encompasses broader considerations such as the public interest, law enforcement efficiency, and the achievement of restorative justice. While granting significant discretion, this absolute authority also raises discourse on the importance of effective oversight mechanisms to prevent potential abuse of power and ensure accountability. It is concluded that the implementation of the Dominus Litis principle must always be balanced with transparency and objectivity to ensure that case control by the prosecutor genuinely aims to achieve substantive justice
Co-Authors Achmad Yani Ahmad Syaufi Nani Arianti Suprapto Suprapto