OPTIMIZING THE FUNCTION OF INVESTIGATORS OF THE LAMPUNG REGIONAL POLICE SPECIAL CRIMINAL INVESTIGATION DIRECTORATE IN PROVING BEWUSTE SAMENWERKING IN ROAD PROJECT CORRUPTION IN NORTH LAMPUNG

Abstract

This study examines the optimization of investigators’ role in proving bewuste samenwerking (joint intent) in road project corruption cases in North Lampung Regency, as well as the legal and practical factors hindering such proof. Corruption in public procurement requires law enforcement officers to establish collective mens rea beyond administrative formalities. Based on the principle of participation (deelneming), proving the involvement of medeplegers depends on demonstrating bewuste samenwerking among perpetrators. This research employs a normative and empirical juridical approach using primary and secondary data obtained through literature and field studies, analyzed qualitatively. The findings indicate that investigators optimize the proof of bewuste samenwerking through the integration of legal structure, substance, and culture within the Special Criminal Investigation Directorate of the Lampung Regional Police. Scientific crime investigation, follow the money analysis, and circumstantial evidence strengthen the chain of proof and establish the perpetrators’ respective roles and meeting of minds. However, investigators face obstacles arising from unclear boundaries between maladministration and criminal conspiracy, as well as practical challenges such as passing the buck, witness recantations, and fee-commitment practices. These obstacles can be addressed through digital forensics, financial analysis, enhanced investigator competencies, procurement expertise, physical testing facilities, and tactical guidelines distinguishing administrative violations from criminal collusion.