Implementation Of The Deferred Prosecution Agreement (Dpa) Concept Under Article 328 Of The New Indonesian Criminal Procedure Code As An Effort To Prevent Corporate Corruption: A Maqasid Sharia Perspective

Abstract

Article 328 of Law No. 20 of 2025 on the New Indonesian Criminal Procedure Code, effective since 2 January 2026, formally regulates the Deferred Prosecution Agreement (DPA) in Indonesia. This normative legal study analyzes the regulation of DPA under Article 328 as an effort to prevent corporate corruption from the perspective of jarimah ta'zir and maqasid al-sharia. The findings show that although DPA now has a formal legal basis, its regulation remains general and leaves normative ambiguity, particularly regarding corporate eligibility indicators and assessment time limits. Viewed through jarimah ta'zir and maqasid al-sharia, DPA aligns with the principles of public good and property protection (hifz al-mal), though its implementation requires stronger transparency through implementing regulations.