Synergy of Administrative Law and Criminal Law as a Strategy for Harmonizing Law Enforcement Against Corruption in Government Procurement of Goods and Services
Abstract
Corruption in the government procurement of goods and services (PBJ) sector is one of the most significant sources of state financial leakage in Indonesia. Although there are comprehensive administrative and criminal legal instruments, overlapping authorities and unclear boundaries of their application often create problems in law enforcement practices. This study aims to analyze the application of administrative and criminal law in PBJ, identify the factors causing disharmony, and formulate an ideal legal harmonization model to prevent and eradicate corruption effectively. Using normative juridical methods and conceptual and comparative approaches, this study examines various provisions such as Law Number 1 of 2004 concerning State Treasury, Law Number 30 of 2014 concerning Government Administration, Presidential Regulation Number 16 of 2018 in conjunction with Presidential Regulation Number 12 of 2021 concerning Procurement of Goods/Services, and Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The research results show that the dualism of administrative and criminal legal regimes leads to the criminalization of procedural violations and creates legal uncertainty. Therefore, a harmonization model based on the principles of ultimum remedium, proportionality, and institutional integration between the Corruption Eradication Commission (KPK), the Public Prosecutor's Apparatus (APIP), the Public Prosecutor's Office (LKPP), and the Supreme Audit Agency (BPK) is needed to ensure fair, effective, and accountable law enforcement.