Attorney General’s Office: Technical Guidelines for DPA to Cover Mechanisms and Substance of Agreements

The Attorney General’s Office (“Kejagung”) is currently preparing technical guidelines for the implementation of Deferred Prosecution Agreements (“DPA”). The DPA mechanism was introduced under Law No. 20 of 2025 on the Criminal Procedure Code (“KUHAP”), which came into effect in early January 2026.

The Deputy Attorney General for General Crimes of the Kejagung, Asep Nana Mulyana, stated that the guidelines will cover the procedures for implementing DPA, as well as the substantive provisions of agreement. He further stated that, in preparing these regulations, Kejagung will extensively adopt the implementation practices of DPA in the United Kingdom.

“We will also emphasize aspects related to corporate governance and the awareness and accountability of the parties involved when entering into prosecution agreements,” he stated to Hukumonline.

Asep explained that during the first six months of the implementation of the new KUHAP, several district and high prosecutor’s offices had submitted DPA applications to the Attorney General. In response, the Deputy Attorney General for General Crimes issued a circular letter as an interim guideline for DPA implementation while more comprehensive regulations are being prepared. “The submission of these applications will also serve as input for us in formulating more detailed and comprehensive regulations regarding the implementation of DPA,” he said.