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Agus Setyawan Heru Purnomo
Universitas Diponegoro
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Legal and Institutional Reconstruction of Special Procurement Practices in the Indonesian National Police Agus Setyawan Heru Purnomo; Yos Johan Utama; Budi Ispiyarso
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.8.3.1247-1257

Abstract

The procurement of special goods and services within the Indonesian National Police (POLRI) encompassing tactical equipment, weaponry, intelligence tools, and other classified operational needs operates under a distinct legal and institutional regime that differs from general public procurement governed by Presidential Regulation Number 16 of 2018 and its amendments. This distinction arises from considerations of state security, confidentiality, and operational urgency, yet it has also created legal ambiguity, weak institutional oversight, and inconsistent management practices across POLRI's procurement units. This study aims to analyze the existing legal framework and institutional arrangements governing special procurement within POLRI, identify the structural and normative weaknesses that hinder accountability and efficiency, and formulate a reconstructive model for a more coherent legal basis, governance structure, and management system. Employing a normative-empirical legal research method, this study examines statutory regulations, internal POLRI policies, and institutional practices, complemented by a review of comparative procurement models in other security and defense institutions. The findings indicate that the absence of a unified legal instrument specifically regulating special procurement has resulted in overlapping authority, limited transparency, and vulnerability to maladministration. The proposed reconstruction integrates principles of good governance transparency, accountability, and proportionality  into a special procurement framework that remains sensitive to security confidentiality requirements. This study contributes to the development of procurement law within security sector institutions and offers policy recommendations for strengthening POLRI's institutional governance in managing special goods and services procurement.
Legal Perspective on RIA in Public Procurement by Indonesian National Police: Strengthening Prudence, Mitigating Criminalization Risk Agus Setyawan Heru Purnomo; Yos Johan Utama; Budi Ispriyarso
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.v4i4.285

Abstract

Background: Public procurement by the Indonesian National Police (Polri) combines administrative, budgetary, and anti-corruption requirements with security-sensitive and urgent decisions, necessitating clearer documentation of regulatory choices, risks, and decision rationales. Objective: This study examines the legal, institutional, and evidentiary significance of integrating Regulatory Impact Assessment (RIA) into Polri’s procurement governance to strengthen prudence, enhance accountability, and mitigate undue criminalization. Methods: This normative legal research employs statutory, conceptual, and comparative approaches. Primary legal materials include procurement regulations, internal police regulations, and anti-corruption provisions. Secondary materials comprise regulatory governance literature and comparative RIA frameworks. No interviews, surveys, or observational data are used. Results: The findings identify fragmented internal regulations, insufficient ex ante impact analysis, inconsistent risk assessments, and inadequate documentation of decision rationales. These deficiencies increase the risk of administrative deviations being interpreted as corruption. RIA provides a structured framework for evaluating risks, documenting justifications, and improving policy coherence, thereby strengthening the legal defensibility and accountability of procurement decisions. Rapid or confidential RIA formats can accommodate Polri’s operational urgency and security requirements. Conclusion: A dedicated police regulation mandating RIA could improve procurement governance, enhance regulatory quality, and reduce undue criminal liability risks for officials. This study proposes an RIA-based regulatory model tailored to Polri’s high-risk procurement environment, emphasizing systematic assessment, documented reasoning, and institutional accountability.
Co-Authors Budi Ispiyarso Budi Ispriyarso Yos Johan Utama