Linda Rahma Wati, Nurul Adzkia, Tania Putri Vianka, Sonia Ivana Barus, Iskandar Iskandar

Konstruksi Hukum Pengawasan Internal terhadap Tindakan Koruptif Aparatur Sipil Negara (APIP): Studi Kasus Fee Proyek di Kementerian Pertanian

Introduction

Konstruksi hukum pengawasan internal terhadap tindakan koruptif aparatur sipil negara (apip): studi kasus fee proyek di kementerian pertanian. Mengkaji konstruksi hukum pengawasan internal APIP terhadap korupsi ASN, studi kasus fee proyek Kementan. Soroti tantangan APIP & rekomendasi pengawasan efektif.

Abstract

This research examines the legal construction of internal supervision by the Government Internal Supervisory Apparatus (APIP) in tackling corrupt acts committed by the State Civil Apparatus (ASN), with a case study of project fees at the Ministry of Agriculture. Corruption in the bureaucracy, especially through the practice of project fees, shows the weakness of the internal control system, even though it has been regulated in regulations such as Government Regulation Number 60 of 2008 concerning the Government Internal Control System (SPIP) and Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. Through a normative juridical approach and case studies, this research found a gap between legal norms and their implementation. APIP, as the main instrument of supervision, still faces challenges in terms of independence, competence, and adequate structural support. Cases in the Ministry of Agriculture show that supervisory actions are often reactive, not preventive. Therefore, it is necessary to strengthen the role of APIP through the adoption of integrity audit methodology (probity audit), human resource capacity building, and institutional reform in order to realize effective, independent, and accountable supervision. This research offers legal and institutional recommendations to strengthen clean and integrity governance.

Review

This research, titled "Konstruksi Hukum Pengawasan Internal terhadap Tindakan Koruptif Aparatur Sipil Negara (APIP): Studi Kasus Fee Proyek di Kementerian Pertanian," delves into a highly pertinent and critical issue concerning the efficacy of internal supervision in combating corruption within the Indonesian public sector. By employing a normative juridical approach complemented by a focused case study on project fees at the Ministry of Agriculture, the authors aim to dissect the legal construction and practical implementation of internal oversight by the Government Internal Supervisory Apparatus (APIP). The abstract clearly signals the paper's central argument: a significant gap exists between the well-established legal norms, such as Government Regulation Number 60 of 2008 and Number 94 of 2021, and their actual effectiveness in deterring corrupt acts. A key strength of this study lies in its identification of the multifaceted challenges confronting APIP, which impede its ability to function as an independent, competent, and structurally supported supervisory body. The research highlights how the prevalent issue of "project fees" at the Ministry of Agriculture serves as a stark illustration of a control system that is often reactive rather than proactively preventive. This reactive stance not only allows corrupt practices to persist but also underscores a fundamental weakness in the existing internal control framework. The abstract effectively conveys that despite formal regulations, the practical operational environment for APIP is fraught with hurdles that compromise its potential to uphold integrity among the State Civil Apparatus (ASN). In response to these identified systemic weaknesses, the paper proposes a set of concrete and actionable recommendations designed to strengthen APIP's role. These include the adoption of an integrity audit (probity audit) methodology, a strategic focus on human resource capacity building, and comprehensive institutional reforms. Such recommendations are well-aligned with the identified problems and offer a clear pathway towards enhancing APIP's independence, competence, and preventive capabilities. Overall, this research makes a valuable contribution by not only meticulously diagnosing the legal and practical shortcomings of internal supervision in the fight against corruption but also by providing thoughtful legal and institutional recommendations crucial for fostering cleaner governance and improving public sector accountability.

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