Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Cessation Of Prosecution Agreements in Corruption Cases: Does Legal Expediency Threaten the Sustainability of a Fair Legal System?

Yan Patmos (Faculty of Law, Universitas Jambi)
Hafrida (Faculty of Law, Universitas Jambi)
Sahuri Lasmadi (Faculty of Law, Universitas Jambi)



Article Info

Publish Date
06 May 2025

Abstract

The application of a prosecution termination agreement in corruption cases is a response to the need for efficiency and expediency in modern criminal law enforcement. Instruments such as the Non-Prosecution Agreement (NPA) and Deferred Prosecution Agreement (DPA) are considered capable of accelerating the recovery of state losses, reducing the burden of cases in court, and encouraging cooperation between perpetrators in disclosing broader crimes. This research aims to analyze the position and application of prosecution termination agreements in the Indonesian criminal law system, as well as evaluate their impact on the principles of justice and the sustainability of the legal system. The research method used is normative juridical with statutory and conceptual approaches. The results show that although the expediency approach offers various practical advantages, its application in corruption cases raises serious concerns about substantive justice, legal accountability and legal certainty. The absence of clear normative arrangements opens the door to abuse of authority, legal discrimination, and weakening the legitimacy of the criminal justice system. Therefore, strict regulations and strong supervisory mechanisms are needed so that expediency is not used as an excuse to compromise the basic principles of a state of law with justice and integrity. This study concludes that the application of a cessation of prosecution agreement can only be justified if it is implemented within a legal framework that guarantees a balance between efficiency and justice.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...