Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research Article

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

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  • @INPROCEEDINGS{10.4108/eai.18-11-2020.2311689,
        author={Febby Mutiara Nelson and Lushiana Primasari and Emiliya Febriyani},
        title={Initiating the Plea Bargaining: An Effort to Optimize the Return of State Financial Losses on Corruption},
        proceedings={Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={BIS-HSS},
        year={2021},
        month={9},
        keywords={corruption sentencing plea bargaining},
        doi={10.4108/eai.18-11-2020.2311689}
    }
    
  • Febby Mutiara Nelson
    Lushiana Primasari
    Emiliya Febriyani
    Year: 2021
    Initiating the Plea Bargaining: An Effort to Optimize the Return of State Financial Losses on Corruption
    BIS-HSS
    EAI
    DOI: 10.4108/eai.18-11-2020.2311689
Febby Mutiara Nelson1,*, Lushiana Primasari1, Emiliya Febriyani1
  • 1: Faculty of Law, Universitas Indonesia, 16424, Indonesia
*Contact email: feby.mutiara@ui.ac.id

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.