Strengthening the Preventive Function of State Attorneys in Mitigating Corruption Risks in Government Projects

Abstract

This study analyzes the normative construction of the authority of State Attorney Prosecutors in providing legal assistance for government projects and formulates an optimization model for such assistance as a preventive instrument against corruption. This research applies normative legal research using statutory, conceptual, and case approaches, supported by document studies of legal assistance in government projects. The findings indicate that the authority of State Attorney Prosecutors is grounded in Article 30 paragraph (2) of the Prosecutor's Office Law, further elaborated in Presidential Regulation Number 15 of 2024, and operationalized through Prosecutor's Regulation Number 7 of 2021. Nevertheless, the regulation still contains vague norms, particularly the phrase “to be or be implemented” and the application-based mechanism, which tends to place particulars in a passive position and involve them only during project implementation. Such a condition weakens early detection of procurement-related risks. Optimization requires clarification of the tempus of legal assistance beginning from the planning or pre-contract phase, stronger transparent coordination between applicants and prosecutors, and the formulation of an imperative exit strategy clause when bad faith, project irregularities, or alleged criminal conduct are discovered. According to State Attorney Prosecutors can serve as a preventive legal instrument to strengthen legal certainty, accountability, and protection of state finances.