Plea Bargaining Mechanism in Corruption Crimes: A Strategy for Returning State Financial Losses in Indonesia

DOI

10.2991/978-2-38476-519-5_13How to use a DOI?

Keywords

Corruption Crime; Plea Bargaining; Returning State Financial Losses

Abstract

Corruption seriously undermines good governance. One method that is receiving a lot of attention is plea bargaining, which involves negotiating guilty pleas. Although it has numerous advantages, its usage in corruption cases still suffers from practical problems and reaps a series of benefits, but also yields losses. This work proposes to reflect on the extent to which plea bargaining can be applied for the recuperation of state losses lost owing to corruption in Indonesia. This work utilizes a comparative, statutory, and conceptual normative legal method. If well implemented, the system can hasten court proceedings and be more effective in the returning of state losses. It also affords the suspect with the chance for the return of the expenditure of the state with less energy to the court. But much of the problems still have yet to be resolved particularly on the problems of society’s culture of law, institutions, and the elements of law. It can be compared with the case of America’s court system which for a very long period used the power of the plea bargaining in its adversarial court system wherein a very significant part of the application of the law is used. For the system to be effectively used in Indonesia, stricter guidelines and control need be institutionalized for confirmation of its effectiveness in the recuperation of financial loses of the state owing to corruption.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Heru Aprianto
AU  - Hari Purwadi
AU  - Muhammad Rustamaji
PY  - 2025
DA  - 2025/12/29
TI  - Plea Bargaining Mechanism in Corruption Crimes: A Strategy for Returning State Financial Losses in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 165
EP  - 174
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_13
DO  - 10.2991/978-2-38476-519-5_13
ID  - Aprianto2025
ER  -