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All Journal Law Development Journal Jurnal Ragam Pengabdian
Andi Wahyu Wibisana
Universitas Pancasila
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Strategies For Preventing Corruption In The Procurement Of Goods And Services At State-Owned Enterprises Andi Wahyu Wibisana
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.96-123

Abstract

The procurement of goods and services within state-owned enterprises (SOEs) is the sector in Indonesia with the most widespread and recurring corruption, with state losses due to procurement corruption surging from Rp5.3 trillion between 2016 and 2020 to Rp43.33 trillion between 2021 and 2023. The absence of a decrease in corruption figures despite the ongoing strengthening of anti-corruption regulations indicates a fundamental gap in SOE procurement governance. The core issue is the absence of a comprehensive, integrated, and legally binding prevention strategy. At the same time, SOE boards of directors have the full authority to establish procurement procedures independently without equivalent accountability standards. This study employs a normative-dogmatic legal methodology. The findings reveal that procurement fraud in SOEs occurs systematically across all stages of the procurement cycle and across sectors. Furthermore, it is found that fraud prevention fails due to a ‘trifragmentation’ of the system, which undermines the substance of regulations by containing normative gaps, a supervisory structure co-opted by conflicts of interest, and an internal legal culture that is permissive towards gratification. The discussion concludes that the most coherent academic response is to formulate a single binding legal instrument that closes every fraud loophole at every layer of the procurement cycle, restores the independence of internal oversight, and institutionalises anti-corruption cultural transformation as a corporate obligation.
Business Judgment Rule (BJR) Principle in Relation to Corruption Offenses in Regionally Owned Enterprises Muhammad Olik Abdul Holik; Agus Surono; Agung Iriantoro; Andi Wahyu Wibisana
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/kwz5j396

Abstract

This research examines legal protection for directors of Regional-Owned Enterprises (BUMD) through the application of the Business Judgment Rule (BJR) in the context of liability for corporate losses often associated with corruption offenses. This study aims to analyze the legal framework governing BJR in BUMD governance in Indonesia, examine director liability for corporate losses from the BJR perspective, and formulate a regulatory reform model to provide legal certainty and protection for BUMD directors. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials obtained through literature review and interviews. The findings indicate that BJR application is essential to distinguish between legitimate business risks and criminal offenses. Therefore, regulatory reform is necessary to clearly incorporate BJR principles such as good faith, due care, and rational business judgment as the basis for legal protection of BUMD directors. Such regulation is expected to enhance legal certainty, prevent criminalization of business decisions, and strengthen sound and professional governance of regional enterprises.
Co-Authors Agung Iriantoro Agus Surono Muhammad Olik Abdul Holik