Deferred Prosecution Agreement: Restorative Justice In Corporate Mining Crimes Across Multiple Jurisdictions

Abstract

Mining crimes by corporations have a serious impact on the environment and society. However, the role of Corporations in community life has two different sides, where there is a positive role and a role that causes negative things. Seeing the role of Corporations in this way, and in line with the implementation of restorative justice, it is necessary to study the form of law enforcement for Corporations in mining crimes that prioritize the aspect of restorative justice, this is known as the Deferred Prosecution Agreement (DPA), which has been practiced in countries such as the United States and the United Kingdom. The purpose of this study is to examine DPA as a manifestation of restorative justice in handling mining crimes by corporations. The research method used is normative legal research with a legislative, conceptual, and comparative approach from American and British countries that have implemented DPA. There are two legal issues that will be raised, namely (1) Application in mining cases in various countries, and (2) Parameters in determining the use of DPA in handling mining crimes. The conclusions of this study are (1) The application of DPA in mining cases in various countries, (2) Parameters for the use of DPA in mining cases against corporate actors.