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Riska Andi Fitriono
Universitas Sebelas Maret Surakarta, Indonesia
Humanities Education Social Sciences

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Strengthening the Preventive Function of State Attorneys in Mitigating Corruption Risks in Government Projects Dicka Pandu Anggara; Riska Andi Fitriono
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 5: Agustus 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i5.18242

Abstract

This study analyzes the normative construction of the authority of State Attorney Prosecutors in providing legal assistance for government projects and formulates an optimization model for such assistance as a preventive instrument against corruption. This research applies normative legal research using statutory, conceptual, and case approaches, supported by document studies of legal assistance in government projects. The findings indicate that the authority of State Attorney Prosecutors is grounded in Article 30 paragraph (2) of the Prosecutor's Office Law, further elaborated in Presidential Regulation Number 15 of 2024, and operationalized through Prosecutor's Regulation Number 7 of 2021. Nevertheless, the regulation still contains vague norms, particularly the phrase “to be or be implemented” and the application-based mechanism, which tends to place particulars in a passive position and involve them only during project implementation. Such a condition weakens early detection of procurement-related risks. Optimization requires clarification of the tempus of legal assistance beginning from the planning or pre-contract phase, stronger transparent coordination between applicants and prosecutors, and the formulation of an imperative exit strategy clause when bad faith, project irregularities, or alleged criminal conduct are discovered. According to State Attorney Prosecutors can serve as a preventive legal instrument to strengthen legal certainty, accountability, and protection of state finances.
Legal Protection for Third Parties in Good Faith in Asset Confiscation in Tax Corruption Cases : Analysis of Decision No. 95/Pid.Sus-TPK/2021/PN.Smg and Decision No. 265 K/Pid.Sus/2023 Fendy Tri Aryanto; Riska Andi Fitriono
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 5: Agustus 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i5.20826

Abstract

Asset confiscation in corruption cases is an essential instrument for recovering state financial losses. Nevertheless, its implementation may raise legal problems when the confiscated object is controlled by, or claimed as the legal property of, a bona fide third party. This article examines the legal protection of third parties in the imposition of additional criminal sanctions in the form of asset confidentiality in a tax-related corruption case, based on Decision No. 95/Pid.Sus-TPK/2021/PN.Smg and Supreme Court Decision No. 265 K/Pid.Sus/2023. This research applies normative legal research using statutory, conceptual, and case approaches. The primary legal materials include the Anti-Corruption Law, the Anti-Money Laundering Law, the 1945 Constitution of the Republic of Indonesia, and Supreme Court Regulation No. 2 of 2022. The findings indicate that asset confusion is justified when a strong causal link and sufficient evidence connect the asset to criminal proceeds. However, when an asset is legally acquired by a third party, the state must provide an effective, simple, and due-process-oriented objection mechanism. A judgment confiscating third-party assets without adequate evidentiary assessment may conflict with legality, legal certainty, proportional justice, and property rights protection. This article recommends strengthening the evidentiary standard concerning asset origin and optimizing third-party objection procedures under Supreme Court Regulation No. 2 of 2022.
Co-Authors Dicka Pandu Anggara Fendy Tri Aryanto