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Journal : journal of social science

Urgency of Establishing Joint Operational Guidelines Between the Police and the National Narcotics Agency to Prevent Duplication of Efforts in Narcotics Investigation Andin Wisnu Sudibyo; Suparno Suparno
Journal Of Social Science (JoSS) Vol 4 No 6 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.470

Abstract

This study aims to analyze the authority of the National Police and the National Narcotics Agency (BNN) to investigate narcotics crimes, as well as the legal implications of the overlapping authority between the two institutions. Using the normative legal method and the statute approach, this study examines the provisions of Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 35 of 2009 concerning Narcotics, as well as other related regulations. A conceptual approach is also applied to explore the legal theory underlying the authority of investigators and the potential for conflict of authority in investigative practices. This study found that overlapping authority can lead to legal uncertainty, human rights violations, and ineffectiveness in the investigation process. Therefore, it is necessary to harmonize regulations, establish joint operational guidelines, and strengthen coordination between the National Police and BNN to prevent conflicts of authority and increase the effectiveness of narcotics law enforcement in Indonesia.
Synergy of Administrative and Criminal Law Enforcement as an Effort to Prevent and Eradicate Corruption in Procurement of Goods and Services in Government Environment Umar Maksum; Suparno Suparno
Journal Of Social Science (JoSS) Vol 4 No 7 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.473

Abstract

Corruption in government procurement of goods and services remains a critical issue in Indonesia, undermining national development and public trust. This research examines the synergy between administrative and criminal law enforcement as a strategy to prevent and eradicate corruption in this sector. The study highlights the vulnerabilities in procurement processes, such as regulatory gaps, weak oversight, and the misuse of discretionary authority, which often lead to corrupt practices like bid rigging and fictitious procurement. The objective is to analyze the effectiveness of integrating administrative and criminal law mechanisms to create a more transparent and accountable procurement system. Using a normative juridical method, the research reviews legal frameworks, including Law No. 31 of 1999, Law No. 20 of 2001, and Presidential Regulation No. 16 of 2018, alongside secondary legal materials. The findings reveal that while Indonesia has a comprehensive legal foundation, inconsistencies in enforcement and overlapping institutional authorities hinder effectiveness. The study emphasizes the need for clear distinctions between administrative violations and criminal acts, as well as improved coordination among supervisory bodies like APIP, LKPP, and the KPK. The research concludes that a synergistic approach, combining administrative oversight as a preventive measure and criminal law as a last resort, is essential. Recommendations include harmonizing regulations, establishing joint SOPs, and enhancing training for procurement officials. These measures aim to reduce legal uncertainty and foster a corruption-free procurement environment.