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p-Index From 2021 - 2026
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All Journal Journal of Law and Social Politics
Anggara Rawijayadi
Universitas Negeri Semarang
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Normative Reconstruction of Blacklists in Government Procurement as an Instrument for Building Legal Awareness and Preventing the Practice of ‘Flag Borrowing’ Anggara Rawijayadi; Martitah Martitah; Ristina Yudhanti
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.130

Abstract

Background: Government procurement of goods and services is a strategic instrument in state financial management that must be implemented based on the rule of law, fair competition, and integrity. However, flag-borrowing practices (manifested in bid rigging, the use of falsified documents, and contract management by parties outside the official corporate structure) reveal distortions in the legal identity of business entities within the procurement system. Objective: This article examines the alignment between the conception and practice of blacklists and the principle of the rule of law, and formulates a normative reconstruction based on responsive regulation to sustainably prevent flag-borrowing practices. Methods: This study employs a normative juridical method using statutory and conceptual approaches, enriched by a socio-legal perspective through a case study of the Ministry of Law and Human Rights. Results: The analysis shows that the absence of a limitation period, the lack of an explicit obligation for proportionality review, and issues of enforcement temporality create disharmony between the objective of regulatory guidance and the principle of legal certainty. Conclusion: The reconstruction of blacklists should be directed toward five pillars: affirmation of a system-integrity orientation, temporal limitation of sanctions, proportionality review, beneficial ownership transparency, and a compliance-based rehabilitation mechanism. Through this approach, blacklists can be repositioned as a responsive, constitutional, and effective legal guidance instrument for preventing flag-borrowing practices in Indonesian public procurement.
Administrative Justice in E-Purchasing Mini-Competitions: Legal Protection for Business Actors Against Performance-Based Specification Disputes Anggara Rawijayadi; Martitah Martitah; Ristina Yudhanti
Journal of Law and Social Politics Vol. 4 No. 4 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i4.269

Abstract

Background: Performance-based specifications in e-purchasing mini-competitions can broaden technical evaluation discretion, while the studied 2025 workflow did not provide a dedicated, structured administrative objection channel for unsuccessful business actors. Objective: This study examines the absence of a formal administrative objection mechanism in Indonesia’s e-procurement mini-competition scheme and its implications for administrative justice in digital public procurement. Although electronic catalogs aim to improve efficiency and transparency, practices within the Ministry of Law in 2025 revealed procedural gaps, particularly in procurements involving performance-based specifications. Methods: This study employs a socio-legal empirical approach using grounded theory analysis, through semi-structured interviews with three Commitment-Making Officials (PPKs) and two business entities that filed objections, together with observation of administrative practices and review of official mini-competition documents from August to November 2025. Results: The findings indicate that performance-based specifications expand the CMOs’ technical discretion. At the same time, the lack of formal objection channels encourages unsuccessful participants to submit informal objections via the system’s messaging feature. This practice reflects an unmet need for structured administrative safeguards within the digital procurement framework. Conceptually, this study introduces the “missing objection mechanism” to describe the structural imbalance between technological efficiency and procedural safeguards. In practice, the study’s findings recommend strengthening administrative objection mechanisms in mini-competitions with performance-based specifications. Conclusion: Within the Ministry of Law mini-competitions examined, procedural legitimacy was strengthened when system traceability was accompanied by a clear opportunity for affected business actors to seek administrative correction; this case-specific finding requires validation in other procurement settings.
Co-Authors Martitah Ristina Yudhanti Ristina Yudhanti