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Journal : International Journal of Sociology and Law

Redesigning the Boundaries of Corruption in Government Procurement of Goods and Services Andi Akbar Subari; Achmad Faisal; Suprapto Suprapto
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.790

Abstract

Government procurement, particularly in Indonesia, remains highly susceptible to corruption due to systemic regulatory loopholes and excessive human discretion, often characterized by collusion and bid-rigging. This institutional vulnerability defines the traditional "boundaries of corruption" as the discretionary corridors within existing administrative law. This research aims to fundamentally redesign these boundaries by shifting control from human discretion to technological enforcement. This study employs normative legal research focusing on the Presidential Regulation on Procurement, integrated with a technological design approach relevant to the journal. The core contribution is a reform model proposing the mandatory integration of AI-powered Smart Contracts and Distributed Ledger Technology (Blockchain) into the public procurement process. Key findings indicate that the primary corrupt boundary lies in ambiguous clauses concerning direct appointments and contract amendments. We propose that an AI-based system can monitor real-time pricing anomalies and bidder networks (network analysis), while Smart Contracts can automate and audit execution, thereby eliminating human factor vulnerability. This redesign transforms the boundaries of corruption from a matter of criminal enforcement to one of algorithmic inevitability, providing a robust, transparent, and self-auditing framework for digital governance.
The Authority of Prosecutors to Seize Assets in Corruption Cases Agung Pamungkas; Achmad Faisal; Anang Shophan Tornado
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.792

Abstract

Corruption is an extraordinary crime that not only causes massive state financial losses but also impedes national development. Efforts to eradicate corruption are insufficient if limited to the imprisonment of perpetrators; they must be accompanied by state asset recovery. The prosecutor, as the dominus litis in the criminal justice sistem, plays a central role in the process of seizing assets derived from corruption. This research aims to analyze the authority of prosecutors to seize assets in corruption cases, identify the obstacles encountered, and formulate solutions to optimize the exercise of this authority. The research method employed is normative juridical, utilizing a statutory approach and a case approach. The findings indicate that prosecutors have a strong legal basis for asset seizure, as stipulated in the Criminal Procedure Code (KUHAP), the Anti-Corruption Law, and other relevant regulations. However, in practice, prosecutors face various obstacles, both juridical, such as legal loopholes in the evidentiary process, and non-juridical, such as the complex modus operandi of perpetrators in concealing assets, slow inter-agency coordination, and challenges in tracing assets located abroad. Therefore, it is imperative to strengthen the regulatory framework through the enactment of the Asset Forfeiture Bill, enhance the capacity and integrity of prosecutors, and bolster international cooperation to maximize the recovery of state losses.