Legal and Institutional Reconstruction of Special Procurement Practices in the Indonesian National Police

Abstract

The procurement of special goods and services within the Indonesian National Police (POLRI) encompassing tactical equipment, weaponry, intelligence tools, and other classified operational needs operates under a distinct legal and institutional regime that differs from general public procurement governed by Presidential Regulation Number 16 of 2018 and its amendments. This distinction arises from considerations of state security, confidentiality, and operational urgency, yet it has also created legal ambiguity, weak institutional oversight, and inconsistent management practices across POLRI's procurement units. This study aims to analyze the existing legal framework and institutional arrangements governing special procurement within POLRI, identify the structural and normative weaknesses that hinder accountability and efficiency, and formulate a reconstructive model for a more coherent legal basis, governance structure, and management system. Employing a normative-empirical legal research method, this study examines statutory regulations, internal POLRI policies, and institutional practices, complemented by a review of comparative procurement models in other security and defense institutions. The findings indicate that the absence of a unified legal instrument specifically regulating special procurement has resulted in overlapping authority, limited transparency, and vulnerability to maladministration. The proposed reconstruction integrates principles of good governance transparency, accountability, and proportionality  into a special procurement framework that remains sensitive to security confidentiality requirements. This study contributes to the development of procurement law within security sector institutions and offers policy recommendations for strengthening POLRI's institutional governance in managing special goods and services procurement.