According to the first paragraph of Supreme Court (“SC”) Circular Letter Number 1 of 2026 Regarding Guidelines for the Implementation of the 2023 Criminal Code and the 2025 Criminal Procedure Code (“SCCL 1/2026”), the SC considers that it is necessary to provide guidance in terms of, inter alia, maintaining the unity and consistency in the implementation of Law Number 1 of 2023 regarding the Criminal Code (“Criminal Code”) and Law Number 20 of 2025 regarding the Criminal Procedure Code (“Criminal Procedure Code”) in the practice of criminal case proceedings. The implementing provisions are specified in the Attachment of SCCL 1/2026 which provide the elucidations, among others, regarding the Examination Hearing of the DPA under Article 328 of Criminal Procedure Code.
What is DPA?
DPA refers to a legal mechanism for the public prosecutor to postpone prosecution against a defendant whose perpetrator is a corporation (as stipulated under Article 1 (17) of Criminal Procedure Code). It is intended to promote legal compliance, facilitate the recovery of losses arising from criminal offenses, and enhance efficiency within the criminal justice system.
How it works?
Article 328 of Criminal Procedure Code states that the request for a DPA can be submitted by a suspect, defendant, or advocate to the public prosecutor before the case being proceeded to the court.
Based on Point III (2) (d) under the attachment of SSCL 1/2026, the procedures for the examination hearing with regard to the DPA are as follows:
- After receiving the request for ratification of the DPA from the public prosecutor, the chairman of the court appoints sole judge to conduct the hearing of DPA;
- The judge sets the hearing date no later than 3 (three) days after the appointment of the respective/authorized judge;
- On the scheduled hearing date, the public prosecutor presents the suspect or defendant to the court;
- The judge may order the public prosecutor to summon other concerned parties to be presented in the hearing;
- The judge examines whether the request for the DPA fulfills the requirements as stipulated in Article 328 paragraphs (8) and (12) of the Criminal Procedure Code.
- If the request for the DPA is approved, the judge will issue the court ruling as follows:
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- Approves the DPA;
- Suspends prosecution for a period of … (in accordance with the agreement as stipulated in Article 328 paragraph (13) of the Criminal Procedure Code);
7. If the request for the DPA is rejected, the judge will issue the court ruling as follows:
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- Rejects the DPA;
- Orders the public prosecutor to proceed with the trial under regular procedures;
8. The court’s authority to monitor the implementation of the DPA is executed by a judge appointed by the chairman of the court.
9. Every DPA is officially recorded and submitted to the judge to be recorded in the court minutes (as referred to in Article 328 paragraph (16) of the Criminal Procedure Code).
Disclaimer
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Published by: IABF Law Firm
Published on: 30 January 2026
