Harmonisasi Sanksi Administratif dan Sanksi Pidana Terhadap Pejabat Publik yang Terlibat Konflik Kepentingan (Conflict of Interest) dalam Pengadaan Barang dan Jasa

Abstract

This research examines the urgency of harmonizing administrative and criminal sanctions in addressing the phenomenon of conflict of interest in government procurement processes in Indonesia. The primary issue raised is the overlap of norms between administrative law and criminal law, which frequently leads to the criminalization of public officials' policies. Utilizing normative legal research methods with statutory and conceptual approaches, this study analyzes the intersection between maladministration and office-related offenses. The results indicate that the absence of clear boundaries regarding abuse of power leads to legal uncertainty and hampers bureaucratic effectiveness. As a solution, this research proposes a Dual-Track System model that integrates the role of the Internal Government Oversight Apparatus (APIP) and administrative courts as a filter before entering the criminal realm. This model emphasizes the recovery of state losses and the use of digital technology to detect interest affiliations early. This harmonization is expected to achieve proportional justice, where criminal law remains positioned as an ultimum remedium without neglecting firmness against clear corrupt practices.