Deferred Prosecution Agreement Mechanism in Environmental Criminal Law Enforcement: Between Rehabilitative Potential and Implementation Challenges

Abstract

The reform of Indonesian criminal law through Law Number 1 of 2023 on the National Criminal Code and Law Number 20 of 2025 on the National Criminal Procedure Code introduces a more explicit framework for corporate criminal liability, including the Deferred Prosecution Agreement (DPA). In environmental cases, DPA requires careful examination because corporate environmental crimes do not merely cause economic losses, but also affect public health, ecological carrying capacity, affected communities, and the interests of future generations. This article aims to analyze the regulation of DPA for corporations suspected of committing environmental crimes, its compatibility with environmental protection and the right to a healthy environment, as well as its prospects and implementation problems. This article applies normative legal research with a statute approach by examining the National Criminal Procedure Code, the National Criminal Code, Law Number 32 of 2009 on Environmental Protection and Management, Law Number 6 of 2023 on Job Creation, and relevant criminal and environmental law literature. The discussion shows that DPA may serve as an instrument to accelerate ecological restoration, strengthen corporate compliance, and improve corporate governance. However, its application must be strictly limited to prevent corporate impunity. DPA must remain within the criminal justice system, be subject to judicial supervision, involve affected communities, preserve individual criminal liability, and prioritize environmental restoration as its core obligation. Therefore, technical guidelines from the Supreme Court, internal prosecutorial guidelines, standards for environmental loss assessment, and independent monitoring mechanisms are necessary.