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All Journal Law Development Journal Journal of Law and Social Politics
Andi Wahyu Wibisana
Universitas Pancasila
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : law development journal

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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.
Extensification of Corporate Crimes Against Political Parties for Undercover Campaigns in Places of Worship M. Maulana Bungaran; Agus Surono; Andi Wahyu Wibisana; Diani Kesuma
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1195-1206

Abstract

The practice of covert campaigning in places of worship constitutes an exploitation of sacred spaces that undermines the integrity and substantive justice of general elections. Law enforcement under the current Election Law regime faces a structural deadlock due to the overly rigid application of the lex stricta principle, which can only prosecute implementers, participants, and campaign teams officially registered with the General Election Commission. Consequently, cases involving covert campaign actors outside these three legal subjects are frequently dismissed, thus breeding impunity for political party elites who factually profit from such covert maneuvers. This article aims to reconstruct criminal liability in elections by shifting the enforcement paradigm toward the conception of corporate criminal offenses based on Law Number 1 of 2023 concerning the Criminal Code (KUHP 2023). Employing a normative legal research method with statutory and conceptual approaches, the study confirms that political parties fulfill the qualifications as subjects of corporate criminal offenses. Maneuvers by covert campaign actors do not nullify the criminal offense; Rather, they are constructed as acts committed by third parties acting on behalf of the corporation, in this context, the political party. The attribution of malicious intent (mens rea) is established through the construction of the offense of omission (tacit consent), where in the political party is proven to unlawfully enjoy electoral benefits without undertaking preventive measures. Integrating this corporate criminal architecture serves as a condition sine qua non to resolve the electoral law deadlock and exact layered criminal liability extending to the apex of the political party hierarchy.
Co-Authors Agus Surono Diani Kesuma, Diani M. Maulana Bungaran