Law Enforcement on Misuse of Social Assistance Funds: A Legal Sociology Perspective

Abstract

Social assistance is one of the primary programs organized in developing countries in a bid to reduce poverty. In Indonesia, the government has allocated IDR 152 trillion toward poverty alleviation. However, the persistent misuse of social assistance funds has unfolded to be a serious concern. According to the Ombudsman of Indonesia, approximately 81.37% of the 1004 complaints received between 29 April and 29 May 2020 were related to the misuse and misallocation of COVID-19 social assistance funds. Therefore, this study aims to comprehensively describe the legal enforcement model for preventing the misuse of social assistance funds and to identify the challenges faced by law enforcement from the perspective of legal sociology. In order to achieve the stated objectives, a qualitative approach grounded in legal sociology was adopted, utilizing empirical study methods. Data were collected through in-depth interviews with academics specializing in administrative law and public policy, as well as through an extensive review of the relevant literature. Subsequently, the gathered data were analyzed qualitatively using a descriptive approach. The obtained results showed that the key challenges in preventing the misuse of social assistance funds include weak regulatory frameworks, limited competency among law enforcement officials, and inadequate institutional infrastructure. Cultural factors were also found to play a significant role in influencing the effectiveness of law enforcement. Based on these insights, preventive measures were inferred to be essential and should focus specifically on strengthening the legal structure and utilizing technological tools to enhance transparency and monitoring. Accordingly, the substance of social assistance laws must be revised to include more detailed and specific provisions, while repressive measures should impose stricter sanctions on individuals who engage in misuse. Fostering a shift in the legal culture of society was also considered very important. These combined efforts are expected to reduce the misuse of social assistance funds, improve legal enforcement effectiveness, and essentially contribute to poverty reduction in Indonesia.

1. Introduction

Social assistance is a priority program in developing countries, which is typically carried out with the aim of reducing poverty (Singh 2021, p. 23; Sambodo and Novandra 2019, pp. 113–21; Lavers 2019, pp. 646–71; Osabohien et al. 2019, pp. 82–89; Behrendt et al. 2019, pp. 17–41). Data from the Asian Development Bank (ADB) Social Protection Indicator show that prior to the COVID-19 pandemic, the average social protection spending in Asian countries was approximately 5.35% of gross domestic product (GDP), while Pacific countries recorded 6.0%. The proportion of the population receiving social assistance across Asia-Pacific countries reached 44.1% (Van der Auwera et al. 2021).

In response to economic turbulence and the growing social welfare needs triggered by the COVID-19 pandemic in 2020, several Southeast Asian countries have implemented fiscal policies in the form of social assistance and protection programs. For instance, in Indonesia, the largest component of government spending in 2020 was allocated to social assistance (bansos), amounting to IDR 61.4 trillion, while capital expenditure reached IDR 20.7 trillion (Mawar et al. 2021). By 2022, the budget for social assistance programs aimed at poverty reduction had increased to IDR 152 trillion (Fadhilah et al. 2023, pp. 748–63). This allocation primarily supported the Family Hope Program (PKH), the Pre-Employment Card initiative, and Non-Cash Food Assistance (BPNT) (Ur Rahman et al. 2021; Pramudiantama and Faridatussalam 2022). As stated in various previous explorations, social assistance is generally designed to provide financial and social support to vulnerable groups (Smythe and Blumenstock 2022, pp. 1–10; Shahidi et al. 2019, p. 2; Cai and Yue 2020; Sarkodie and Adams 2020, pp. 455–66; Wan et al. 2021). Its beneficiaries typically include poor families, abandoned children, persons with disabilities, the elderly, and refugees (Razavi et al. 2020, pp. 55–80; Gerard et al. 2020, pp. 281–96; Rohwerder and Szyp 2022; Devereux 2021, pp. 421–47; Gentilini 2022). Assistance may take various forms, including cash transfers, food aid, energy subsidies, healthcare, education, and other essential supports (Sumadi 2023, pp. 49–62; Nugroho et al. 2021, pp. 1204–24; Laar et al. 2020, pp. 9–11; Kinsey et al. 2019). Accordingly, considering the vast budget allocations for poverty alleviation through social assistance, adequate regulatory mechanisms are essential to ensure effective oversight and prevent misuse (Tasi and Syamsir 2021; Hakovirta et al. 2020, pp. 19–39; Drolc and Keiser 2021, pp. 773–89; Li and Walker 2021, pp. 89–102). This is essentially important, particularly considering the fact that the misuse of social assistance funds can have serious repercussions, including the misallocation of resources intended for the poor and substantial financial losses to the state.

The Indonesian government has established several legal frameworks to regulate social assistance distribution as part of its poverty alleviation strategy. These include Law No. 11 of 2009 on Social Welfare, Law No. 13 of 2011 on the Handling of the Poor, Presidential Regulation No. 63 of 2017 on Non-Cash Social Assistance Distribution, and Minister of Social Affairs Regulation No. 1 of 2019 on Social Assistance Spending in the Ministry of Social Affairs, among other related regulations. Collectively, these frameworks normatively stipulate the eligibility criteria, types of assistance, and mechanisms for the distribution and supervision of social assistance funds.

Regardless of the existence of these legal instruments designed specifically to ensure accurate targeting and effective monitoring, the Ombudsman of Indonesia recorded 621 public reports concerning the distribution of social assistance. Among these were 268 complaints regarding registered individuals who did not receive assistance, 66 complaints about authorities failing to distribute aid, 47 complaints of beneficiaries receiving less than the allocated amount, 31 cases comprising fictitious recipients, 6 reports of poor-quality assistance, 5 complaints about ineligible individuals receiving aid, and 191 other related grievances (Silalahi 2021).

According to the Ombudsman of Indonesia, approximately 81.37% of the 1004 complaints received between 29 April and 29 May 2020 were related to the misuse and misallocation of COVID-19 social assistance funds (Siaran Pers 2020). Indonesian National Police (POLRI) also stated that 102 cases of social assistance misuse were committed by high-ranking officials in 2020 (Ferreira et al. 2022). The misuse of social assistance has caused frustration and hardship for the demographic who are desperately in need of the aid. This is evidenced by the observation that corruption cases exposed during the pandemic had significant impacts on individuals affected, both in terms of health and economic conditions.

From a legal sociology perspective, the primary causes of the high level of misuse include weak regulations, particularly in recipient data management, clarification and validation of data, procurement of goods, distribution of assistance, and supervision, as well as the imposition of sanctions (Silalahi 2021; Gentilini 2022; Bielefeld et al. 2021, pp. 299–316; Rahmat et al. 2020, pp. 202–23). Furthermore, legal sociology highlights factors beyond legal provisions that hinder the prevention of social assistance fund misuse. These factors include law enforcement, the availability of supporting infrastructure, society, and local culture (Burhanuddin et al. 2024; Rulandari et al. 2022).

Apart from the outlined national-level concerns, the misuse of social assistance funds in Indonesia invariably emphasizes the presence of significant regional disparities. Based on observations, variations in local governance capacity, socio-political dynamics, and administrative oversight contribute to the differing levels of vulnerability across regions. For instance, areas with stronger institutional capacity, such as major cities in Java, tend to have more transparent distribution systems and effective monitoring mechanisms. On the flip side, provinces in eastern Indonesia, including parts of Papua, Maluku, and Nusa Tenggara, have been reported to frequently encounter challenges related to limited infrastructure, low Internet penetration, and weaker institutional oversight, which increase the potential for fund misuse (Utomo et al. 2025; Prabowo et al. 2021)

Socio-political factors, including clientelism and local patronage networks, significantly influence the distribution and control of social assistance. For instance, in various regions, local elites or community leaders serve as intermediaries, and this invariably makes the beneficiary selection process based on kinship or political affiliation rather than objective criteria (Wang 2022; Akyeampong 2024). These regional and socio-political variations emphasize the necessity for not only a comprehensive legal framework at the national level but also context-sensitive enforcement mechanisms designed specifically to correspond with local governance realities in a bid to prevent the misuse of funds.

Previous explorations have extensively discussed social assistance as a part of social protection, playing an essential role in poverty reduction (Padmakanthi 2023, p. 384; Barrientos and Malerba 2020, pp. 33–53; Yokobori et al. 2023; Pouw and Bender 2022, pp. 2204–23). Prior studies have also emphasized corruption and misuse as the main issues in the utilization of social assistance funds (Saputra 2021, pp. 32–43; Sihombing et al. 2023, pp. 618–34; Farazmand et al. 2022, pp. 497–503; Latif and Pangestu 2022, pp. 95–107), but did not elaborate on preventive efforts to prevent misuse. Considering this insight, the novelty of the present investigation lies in detailing, from the perspective of legal sociology, a law enforcement model to address the misuse of social assistance funds and the challenges in law enforcement related to the prevention of such misuse. Within the context of the present study, the term “law enforcement” is used in a broad socio-legal sense, not limited to criminal law enforcement agencies, such as the police or prosecutors. Rather, it comprises all institutional actors responsible for ensuring compliance with social assistance regulations, including officials from the Ministry of Social Affairs, provincial social affairs offices, prosecutors, and auditors. This broader understanding is consistent with the perspective of legal sociology, which views law enforcement as a social process including the participation of various state institutions rather than merely coercive agencies. Accordingly, the term “law enforcement officials” in this article refers to both criminal law enforcers (e.g., police and prosecutors) and administrative officers engaged in implementing and monitoring social assistance programs.

Considering the issues stated in the background, this study aims to comprehensively describe effective law enforcement strategies to address the misuse of social assistance funds from a legal sociology perspective. Additionally, it also aims to identify the challenges faced by law enforcement in the implementation of measures for the prevention of social funds misuse from a legal sociology viewpoint. Following the pressing practical issues previously outlined and the necessity for a comprehensive socio-legal analysis, the following questions were addressed in this study: first, what model of law enforcement is implemented to prevent the misuse of social assistance funds in Indonesia? Second, what are the principal challenges faced by law enforcement in preventing the misuse of social assistance funds, as examined through the lens of legal sociology?

2. Methods

This qualitative study adopted the use of a socio-legal approach, including the statutory, case, and conceptual approaches. Accordingly, the data sources consist of primary and secondary sources. The collected data were analyzed using thematic analysis. This analytical method was adopted to identify patterns, categorize findings into key themes, such as legal regulations, law enforcement officers, infrastructure, and cultural factors, and interpret the associated interrelationships from a legal sociology perspective. Primary data were obtained through in-depth interviews with three key informants selected using purposive sampling based on expertise and inclusiveness in social assistance fund oversight. The informants included an academic specializing in administrative law and public policy, a senior official from the provincial social affairs office, and a senior provincial prosecutor. These individuals were selected primarily because each possessed in-depth knowledge of social assistance management and law enforcement mechanisms in Indonesia. It is essential to also state that all participants provided informed consent before the study. The secondary data were collected through legislation, publications, past empirical findings, and official documents regarding social assistance funds to be able to determine the issues encountered with law enforcement activities to prevent the misuse of social assistance funds from a legal sociological perspective. The data obtained were qualitatively analyzed using descriptive analysis in order to answer the study issues.

3. Results and Discussion

• Obstacles to Law Enforcement in Preventing Misuse of Social Assistance Funds from a Legal Sociology Perspective

The obstacles to law enforcement in the prevention of the misuse of social assistance funds, from the legal sociology perspective, are closely related to four basic aspects that Soerjono Soekanto (Soekanto and Sulistyowati 2015, pp. 34–43) proposed, namely, legal factors, law enforcement officers, and supporting infrastructure, as well as societal and cultural factors. Legal factors include all the rules related to the management and distribution of the funds of social assistance. The legal substance, in this regard, refers to a variety of laws and regulations that make up the legal framework for social assistance (Budianto 2020, pp. 1339–46; Calhaz-Jorge et al. 2020, pp. 1–14). Law enforcement officers comprise the police, prosecutors, judicial institutions, and ministry officials, especially people who are in charge of the implementation and supervision of social assistance programs (Stanton et al. 2022, pp. 20–45; Jacobs et al. 2021, pp. 37–62; van Dijk et al. 2019, pp. 287–94). Supporting infrastructure includes the systems and facilities to ensure the accuracy of data on social assistance recipients, reporting, and verification (Sari and Utamajaya 2022, pp. 150–60). Meanwhile, legal culture is the norms, values, and collective beliefs that prevail in the society, which is directly connected to the success of the law enforcement in reducing any misuse of social assistance funds (Malik et al. 2021, pp. 538–47; Sari et al. 2021, pp. 56–80; Dewantara et al. 2021, pp. 70–81).

• Legal Regulations

The law on social assistance is required, and the law enforcement measures aimed at preventing the misuse of social assistance funds should be conducted concretely on a systematic basis. Obviously, a legal framework of this kind would provide greater legal certainty and legitimacy in the enforcement process, especially in key stages such as distribution, expenditure, and recipient data collection. As a large amount of funds is used for social assistance programs to provide poverty alleviation, it is important to have clear and consistent rules in place to improve supervision and reduce the chances of misuse.

Previous studies have consistently identified a fundamental structural deficiency within Indonesia’s legal framework for social assistance. This deficiency includes the lack of a lex specialis that offers a comprehensive legal framework governing rights, obligations, enforcement mechanisms, and accountability in the administration of social assistance. The current regulations remain predominantly administrative and are dispersed across various legal instruments, leading to normative fragmentation that compromises legal certainty and consistency in enforcement (Mikhael et al. 2021, pp. 263–300; Octa et al. 2022, pp. 424–29; Wardani and Utama 2022, pp. 53–61; Morado 2021, pp. 122–37). Social assistance entitlements are currently fragmented and scattered across a number of Sis, as shown in

Table 1. Current regulations related to social assistance.

The Law/Regulation	Objectives/Purpose
Law No. 11 of 2009 on Social Welfare	Provides the legal foundation for social welfare programs, including social assistance, as part of the state’s responsibility to improve the welfare of citizens.
Law No. 13 of 2011 on the Handling of the Poor	Mechanisms for identifying and assisting poor citizens are established through coordinated government and community efforts.
Law No. 2 of 2020 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2020 concerning State Financial Policy and Financial System Stability for COVID-19 Handling	Provides the legal basis for reallocating state finances and stabilizing the financial system to address the COVID-19 pandemic, including social assistance funding.
Government Regulation No. 21 of 2020 on Large-Scale Social Restrictions (PSBB)	Regulates measures to prevent the spread of COVID-19 while ensuring social protection for the affected communities.
Presidential Regulation No. 63 of 2017 on Non-Cash Social Assistance Distribution	Governs the procedures for distributing social assistance in non-cash form to ensure transparency and efficiency.
Minister of Social Affairs Regulation No. 1 of 2019 on Social Assistance Expenditure	Details the types, procedures, and mechanisms of social assistance spending within the Ministry of Social Affairs.
Decree of the Minister of Social Affairs No. 100/HUK/2020 (Second Amendment to Decree No. 54/HUK/2020)	Regulates the technical implementation of staple food and cash social assistance during the COVID-19 pandemic.

below:

The current regulations of social assistance funds have also been found to mostly impose administrative penalties, especially on breaches regarding the data of recipients, data elucidation and validation, acquisition procedures, distribution procedures, and oversight action. Consequently, this negates the comprehensive efficacy of law enforcement and reduces the deterring impact of abusing funds that are provided in the form of social assistance (Gaffney and Millar 2020, pp. 69–88; Vahabi et al. 2020, pp. 243–71; Fleetwood and Lea 2022, pp. 167–84; Britto et al. 2022, pp. 1393–423).

2.

Law Enforcement Officers

The availability, ability, and cooperation between law enforcers and concerned ministries must be central to the supervision process, especially in the collection and clarification of recipient data, validation, expenditure, and distribution of social assistance. This has been found to be a fundamental role of law enforcement in the process of making sure that the law is upheld by the community, in particular, in situations such as social assistance funds misuse (Deshpande and Mueller-Smith 2022, pp. 2263–307; Wahyudi et al. 2022, pp. 1–16; Stalker et al. 2020, pp. 392–403; Arisukwu et al. 2020, pp. 1–7). Thus, it should be noted that law enforcement officers should have a thorough knowledge of the process of social assistance regulation and the legal aspects of the same.

Also in the field of recipient data collection, law enforcement agencies, as well as officers of the corresponding ministries, have been found to generally lack the technical skills needed to process the data properly and in detail (Sumadi 2023, pp. 49–62; Noerkaisar 2021, pp. 83–104; Saputra 2021, pp. 32–43; Bhorat et al. 2021, pp. 63–81). The mentioned shortage can be seen in the large number of recipients not qualifying for social assistance eligibility. This explanation is also supported by other prior research, as it was stated that the constraint in capacity and the lack of professional qualification of law enforcement officials and ministry officials also played a role in making errors in the identification of qualified receivers, which, in turn, increased the risk of social assistance funds misuse significantly (Li and Walker 2021, pp. 87–102; Asmorowati et al. 2022, pp. 213–27; Fadhil and Sabic-El-Rayess 2021, pp. 57–75).

The analytical skills, technical competency, and efficient cooperation between law enforcement officers and ministry officials are inseparable in the course of data clarification and validation stages. The main reason behind this is that the lack of the mentioned competencies, especially in the Ministry of Social Affairs, may result in the development of false and invalid information (Rulandari et al. 2022, pp. 1–14; Smythe and Blumenstock 2022, pp. 2–11; Akbar et al. 2023, pp. 29–41; Ko and Moffitt 2022). These types of weaknesses make the decision-making process concerning social assistance allocation less accurate and, in any case, precondition the misuse of funds.

Both law enforcement officers and ministry officials, in the context of procurement, especially with regard to different social assistance items, should have sufficient technical expertise. The procurement procedure is expected to be performed in a transparent and efficient manner, with the current rules intact. It is anticipated that law enforcers should have and demonstrate a good grasp of audit mechanisms and surveillance procedures in the acquisition of social assistance (Warsono et al. 2023, p. 303; Subagio et al. 2023, pp. 369–77; Ritonga and Suyanto 2022, pp. 452–59). Nonetheless, the constant lack of auditing skills in these officers remains a serious problem, which basically enhances the chances of corruption and misappropriation of social assistance funds.

Proper supervision also requires the competence of law enforcement officers and ministry officials to spot possible threats linked to the misuse of social assistance. As previous studies have already outlined, the effectiveness of preventive strategies to be implemented specifically aimed at preventing such misuse largely depends on the ability of the officers involved to detect the issue in time and assess the risk (Parameshwara and Riza 2023, pp. 83–91; Febrian and Rossieta 2019, pp. 212–18; Yusuf et al. 2023, pp. 286–94; Tarjo et al. 2022, pp. 1–19). The lack of these necessary skills in law enforcement officers will undermine the integrity of social assistance programs and will lead to a continuous high rate of fund mismanagement and abuse.

3.

Supporting Infrastructure

The poor infrastructure has been found to pose a major challenge to the enforcement of the law for curbing the misuse of social assistance funds in Indonesia. The reason is that the inefficiency of systems where recipient data are recorded and reported has also been a contributive factor to fund leaking and manipulation, which are hard to detect (Gibson and Olivia 2020, pp. 325–44; Zikir and Balaka 2023, pp. 6363–85; Suwadji and Suharnoko 2022, pp. 10–26). One of the greatest issues associated with the recipient data collection process is the lack of supporting technology, especially in remote and rural locations. The Ministry of Information and Communication reported that there are about 12,548 villages in Indonesia (the majority of them located in remote areas) that have no access to the internet (Tosida et al. 2022, pp. 787–804; Afrinaldi and Evanita 2023, pp. 550–85; Samala et al. 2023, pp. 231–52). This is a constraint that always prevents the government and the concerned authorities from gaining the right information about the recipients of social assistance and updating the information.

The lack of information technology systems in rural and isolated regions further limits the process of clarifying and validating recipient data. This can be confirmed by the fact that the coordination between the Ministry of Social Affairs, the Ministry of Home Affairs, and other relevant institutions in the affected regions is usually performed manually, thus consuming a lot of time and being prone to errors. The lack of efficiency in this environment is signified by the rate of accuracy of Indonesian data on poverty; based on local data, it was only 16.1 percent (Smythe and Blumenstock 2022, pp. 2–11). Subsequently, such systemic shortcomings have contributed to errors and abuse of the data on the recipients of social assistance (Deswanti et al. 2023, pp. 173–80; Larasati et al. 2023, pp. 537–49).

This deprivation of proper infrastructure, especially in the area of digitalizing administrative activities, has contributed to the emergence of sophisticated and inefficient bureaucracies in the field of procurement and distribution. Among the most corrupt sectors of social assistance programs, which the Corruption Eradication Commission (KPK) pointed out to include the procurement sector, the lack of wholesome digitalization in procurement data management was one of the key factors (Labolo et al. 2023, pp. 43–61; Pane and Pudjiastuti 2020, pp. 181–206; Habibi 2021, pp. 9–21). In addition, proper supervision involves the provision of infrastructural capacities for monitoring and evaluation. According to reports by the Supreme Audit Agency (BPK), the laxity in supervising any misuse of social assistance in Indonesia has been caused by the weaknesses in the social assistance oversight system to a significant extent (Nuraini et al. 2021, pp. 76–80; Roelen 2020, pp. 705–23; Noerkaisar 2021, pp. 83–104; Kurnianingsih et al. 2022). Based on these observations, it was inferred that the data integration remains inappropriate among institutions and that supervisory technology is underutilized, which further undermines the overall efficacy of law enforcement.

4.

Societal and Cultural Factors

It has been reported that the absence of active public involvement has a great negative impact on enforcing the law to inhibit the abuse of social assistance funds. Another significant issue is the lack of inclusiveness among citizens in the monitoring and reporting of this type of misuse, especially at the village, sub-district, and district levels (Feely et al. 2020, pp. 140–61; Glasby et al. 2021, pp. 406–37; Luturmas 2020, pp. 181–94; Mulyadi et al. 2023, pp. 244–53; Fritantus 2019). A survey by Transparency International, Indonesia, in 2021 showed that 34 percent of participants believed social assistance funds were often abused, but the demographic did not report the case to the authorities (Transparency International Indonesia 2021). This is always an indication of a lack of public awareness and citizen participation in the management of social assistance programs.

Addressing such cultural influences as nepotism and patronage makes social assistance funds even more vulnerable to abuse. Indonesia has a widespread social fabric with these practices, whereby kinship and personal relationships tend to be more influential in the distribution of aid (Gaduh et al. 2023, pp. 105–19; Dartanto et al. 2021, pp. 1–16; Pezzini 2019). As the Ministry of Social Affairs revealed, between 2020 and 2022, it was found that there were many instances where social assistance was given to a relative or an acquaintance of a local official as a favored service member, without necessarily meeting eligibility criteria. This trend not only corrupts the intention of the legal concept but also breeds inequality as it shifts aid from the group of people who are in general need.

The other critical issue in society is connected to the fear and social pressure of those who want to report when cases of abuse are observed. Local communities often face intimidation, social exclusion, and even threats of violence to whistleblowers who reveal corruption in social assistance programs. According to reports made by the Indonesian Corruption Watch, those involving intimidation or threats to whistleblowers are frequent and are usually not resolved through law enforcement bodies. Such modes of social retaliation will always lead to a culture of fear that hinders the involvement of the masses and enhances poor accountability systems. This means that societal and cultural influences remain a major impediment to the implementation and prevention of social assistance fund abuse in Indonesia.

B.

Law Enforcement in Preventing Misuse of Social Assistance Funds from a Legal Sociology Perspective

Based on interviews with academics specializing in administrative law and public policy, the Head of Social Affairs Office, and the Deputy Head of South Sulawesi High Prosecutor’s Office, law enforcement measures to prevent the misuse of social assistance funds can be classified into two main forms, namely, preventive and repressive law enforcement efforts.

• Repressive Efforts

In order to adequately deal with the long-standing problem of social assistance fund abuse in Indonesia, a special and elaborate legislation regulating social assistance is urgently required. The legislation must include clauses on strict penalties and criminal proceedings to discourage and punish abuse and provide a full set of rules and control measures for managing the funds of social assistance. As always, the reinforcement of the law enforcement in this direction needs a legal tool explaining the concept of social assistance, defining the criteria of the beneficiaries, developing the elements of data collection, and encouraging cooperation of law enforcement forces and ministry members because of the transparency and responsibility of the distribution and control of the processes. Such a legal system would offer a sound, strict, and enforceable law to apply social assistance programs.

The regulation must also provide stringent procedures for clarifying and validating recipient data, ensuring all the records in the national recipient database are correct, valid, and constantly updated. Regular verification of the data would help to identify qualified beneficiaries more effectively and reduce targeting errors. Moreover, the suggested social assistance law should have specifications in terms of the procedures of procurement and distribution, focusing on transparent procurement via open tenders as well as fair selection of the vendors. There should also be provisions that ensure that assistance is correctly and fairly given to the right individuals. Finally, oversight institutions, like the Audit Board of Indonesia (BPK), should be provided by the law, with effective and regular audits conducted regarding the management of social assistance funds, with clear criminal and administrative penalties to enforce the regulations and prevent corruption.

The mentioned initiatives are necessary, especially given the level of effectiveness related to them in other nations. For example, Singapore, which is one of the strongest countries in Southeast Asia, is ranked as the fourth least corrupt country in the world (Quah 2021, pp. 7–22). The country has very strict penalties against corruption that are implemented through the Corrupt Practices Investigation Bureau (CPIB), which was established under the Prevention of Corruption Act (PCA) of 1960. According to the foregoing report, the CPIB has comprehensive investigative and adjudicative authority and can easily make in-depth inquiries and prosecute cases of corrupt practices (Boin et al. 2021; Singh 2021, p. 23). The country also has a law that stipulates harsh fines and punishments for any corrupt individuals, thereby reinstating the fact that Singapore has one of the most stringent anti-corruption systems in the world. This application of the law is very strict, and it makes social assistance programs very efficient, as money is paid according to its purpose, and there is little possibility of misuse.

The welfare state model of Denmark is also a good example of an efficient and cooperative system for the distribution of social assistance. A tripartite deal between labor unions, employers, and the state that has been adopted in the country incorporates some important measures, such as the government ensuring that firms reduce retrenchments, employers agreeing to maintain payment of wages to unemployed workers, and employees agreeing to use paid leave when they are not working. It is a model of cooperation, which gives rise to a sustainable and balanced system of welfare that goes beyond direct cash transfer from the government. It instead favors collective accountability between corporations, labor unions, and the state, which guarantees increased openness, fairness, and sustainability in the societal provision of social support (Greve et al. 2021, pp. 295–311).

2.

Preventive Efforts

In Indonesia, active cooperation between law enforcement agencies, involving prosecutors, police, courts, and officials in the ministry in charge of social assistance, can effectively be used to curb the misuse of social assistance funds. Law enforcement officers should work in coordination with the respective ministries, and specifically with the ministry of social affairs, to foresee and curb the risk of misuse (Prakasa et al. 2021, pp. 27–45; Pertasari et al. 2023, pp. 63–72; Kartadinata et al. 2021). In order to improve early detection systems, law enforcement employees should acquire sound investigative and analytical skills, which could be reinforced with the help of continuous training aimed at recognizing the patterns and dangers linked with fund misuse. Additionally, cross-sectoral partnerships ought to be used, namely, between law enforcement officials, ministry officials, and Non-Governmental Organizations (NGOs), to monitor, supervise, and prevent social assistance misuse (Tanaka-Sakabe 2021, pp. 41–65; Sayarifard et al. 2022, p. 704; Lauwo et al. 2022, pp. 1431–61; Tambaoga et al. 2023, p. 13). To reduce the chances of abuse, in this regard, the Ministry of Social Affairs ought to undertake periodic collection, clarification, and validation of recipient records. Regular, transparent, and specific data management can ensure that help is given to those who are eligible to receive it, hence limiting the chances of mistakes and leakage.

The Bolsa Familia program in Brazil is a good international example. It is based on the Cadastro Unico registration system that is consistently followed up by authorized officers (Baranda Cardoso 2020, pp. 1052–63; Draeger 2021, pp. 743–66; Shamsuddin et al. 2021; Arbex et al. 2023, pp. 593–610). Periodic checks of the system effectively allow for identifying households that qualify according to eligibility criteria to avoid duplication and provide equitable aid distributions (Layton 2020, pp. 53–76; Colón-Ramos et al. 2022, pp. 84–103). Equally, the Juntos social assistance program in Peru has also been reported to dramatically improve the efficiency of aid targeting based on the data available in the Familias en Accion database, which is systematically verified and categorized by government officials (Cecchini et al. 2021). These effective Brazil and Peru examples demonstrate how frequent validation, clarification, and integration of recipient data could make a major contribution to transparency and accountability in preventing the misuse of the social assistance funds in Indonesia.

Comparative case studies from various countries have emphasized the significance of well-defined legal frameworks and technological oversight in mitigating the misuse of social assistance programs (Rustamova et al. 2025; Djatmiko et al. 2025; Burattini et al. 2022). However, these insights must be contextualized within the unique administrative and cultural milieu of Indonesia. In East Nusa Tenggara (NTT) and South Sulawesi, collaborations between the Social Affairs Office, village governments, and religious institutions were observed to enhance targeting accuracy by incorporating moral and social accountability into aid verification processes. Within this context, religious and customary leaders played an essential role in validating beneficiary lists, thereby reducing nepotism and patronage in the distribution. This local adaptation shows how cultural and social norms can enhance the legal framework when the factors are consistent with community participation.

As stated in various previous explorations, persistent inefficiencies in the supply chain and regional distribution of social assistance, including delays in fund allocation, limited logistical capacity, and inconsistent coordination between central and local governments, have resulted in administrative gaps that increase the risk of data manipulation and misappropriation (Pertiwi et al. 2025; Tusianti et al. 2023; Sarjito 2025). Therefore, it is important to enhance supply management and equitable distribution through transparent digital monitoring and standardized inter-agency coordination to mitigate the potential for abuse. In this regard, law enforcers and concerned ministry officials ought to increase cooperation with the government or other third-party auditors to improve transparency and accountability in avoiding irregularities, especially in procurement and delivery procedures. In addition, the inclusion and holistic monitoring of law enforcement and ministries, in particular, the Ministry of Social Affairs, can be enhanced with the use of digital technology. This is mainly the case since technological monitoring can be used to ensure that all steps, from data collection to distribution, follow the laid-down procedures and that minimal human error or manipulation is involved.

The Aadhaar biometric-based monitoring system in India offers a good example of how accountability can be ensured in social assistance programs. The system enables law enforcement officers and other agencies to increase transparency in the distribution process, since, in this way, assistance will be provided to qualified applicants only, and identity misuse and duplication are avoided. Nevertheless, there is also an increasing reliance on technology, which is also a significant challenge. Such a challenge encompasses inadequate internet connectivity in remote and underdeveloped areas. Trustworthy internet access is a necessity for confirming the identity of recipients, updating the information, and propping up digital surveillance mechanisms. To recover this situation, the government of Indonesia has been encouraging telecommunication companies to extend infrastructure to non-commercial and disadvantaged regions. As an example, PT Telkom has undertaken projects that modernize copper access networks to fiber optic networks to telecommunication towers, i.e., the Fiber to the Tower project (Suseno et al. 2023, pp. 9–17; Arham and Hatu 2020, pp. 433–42).

In data clarification and validation processes, social assistance recipients in remote locations are usually faced with a lot of challenges since information technology infrastructure is usually very scarce. Consequently, the Ministry of Social Affairs regularly performs manual clarification and verification of recipient data. In order to improve the accuracy and reliability of data validation in these regions, there is a need for collaboration and transparency among different stakeholders in these areas, such as community members, government agencies, and other related institutions. It is also essential to conduct annual updates of recipient data so that the data will be up to date and will reflect the real status (Laksmono and Retnaningsih 2022, pp. 59–69; Rahmansyah et al. 2020, pp. 90–102).

With regard to procurement and distribution, especially in terms of information technology and digitalization, realizing the concept of an e-government is a necessary requirement for implementing a transparent, accountable, and responsive bureaucratic system. With the help of e-government projects, simpler administrative procedures are developed, the efficiency of public service delivery increases, and the chances of corruption are reduced due to an increase in transparency (Prihartono 2023, pp. 192–201; Siahaan et al. 2022, pp. 154–63).

The monitoring and assessment of technological systems also gain greater significance as technological systems keep changing (Arifah 2020, pp. 30–41). The Communication and Information Office has also developed a whistleblowing system in the e-government structure, where a citizen can report on any suspected corrupt activities. The system is a critical instrument that assists law enforcement in identifying and thwarting the abuse of social assistance funds (Badawi and Prawitno 2022, pp. 69–81).

Increasing people’s awareness of the law is another preventive action that can be taken by law enforcers in Indonesia to curb the abuse of social assistance funds. This includes beliefs, norms, and values that influence the relationship between society and the legal system (Hariansah 2022, pp. 121–30). The role of societal norms and values in defining the success of law enforcement is critical, especially where tolerance of corruption, lack of awareness of social rights, and low levels of legal consciousness dominate.

In order to overcome these issues, it is important to regularly and thoroughly educate people about the need to enforce the law to prevent the abuse of social assistance (Oktaviani and Hermawan 2022, pp. 199–211). For example, anti-corruption education efforts may be incorporated into school and university curricula via extracurricular activities and character-building programs highlighting anti-corruption values based on Pancasila principles (Dewantara et al. 2021, pp. 70–81; Manurung and Heliany 2020, pp. 219–34). To solve the culture of tolerance towards corruption, there is also a need to promote transparency and accountability in the execution of social assistance programs.

Considering the comparative experiences of Brazil, Peru, and India, as previously discussed, it is essential to implement the obtained insights within the distinct institutional and cultural framework of Indonesia. To render the policy implications more actionable and contextually relevant to the socio-legal environment of the country, several institutional, technological, and cultural modifications are required.

First, the institutionalization of law enforcement reforms and regulatory consolidation requires the establishment of a coordinated framework through the collective effort of the Ministry of Social Affairs (Kemensos), Corruption Eradication Commission (KPK), National Audit Board (BPK), and Attorney General’s Office. Accordingly, a permanent inter-agency task force could be formed under the coordination of the Coordinating Ministry for Human Development and Cultural Affairs (Kemenko PMK) to standardize data collection, fund distribution, and reporting procedures. The task force should also be mandated to conduct periodic digital audits and ensure accountability through publicly accessible dashboards that show real-time social assistance disbursement data. This mechanism reflects the CPIB framework adopted by Singapore, which must be adapted to Indonesia’s decentralized governance structure to ensure local government participation and transparency.

Second, fostering a sustainable culture of legal awareness necessitates community-based education and the integration of anti-corruption values into daily social practices. Legal literacy programs should extend beyond formal education to include local initiatives that empower residents to monitor and report irregularities in the health system. Within this context, collaboration with religious leaders, youth organizations, and community-based NGOs becomes important because it ensures moral legitimacy and local acceptance. As emphasized by Rahayu et al. (2020), the legal culture in Indonesia is significantly influenced by social norms and communal values; hence, legal education must adopt participatory and bottom-up approaches rather than top-down legal instruction.

Third, it is imperative that recommendations are attuned to the patronage and kinship-based social structures that frequently underlie the misuse of funds (Burke et al. 2023). Based on observations, merely enhancing transparency is inadequate unless the factor is included with measures to safeguard whistleblowers and community monitors from social exclusion and intimidation. Therefore, future policy frameworks should incorporate a protected whistleblowing mechanism at the village and sub-district levels, managed independently of political actors and supported by the Witness and Victim Protection Agency (LPSK).

In essence, long-term changes require that both preventive and strict actions coexist under clear laws related to social assistance. This law should establish clear rules and penalties, mandate the inclusiveness of multiple agencies, ensure proper monitoring of technology, and promote active community participation. By including these provisions in the law, Indonesia can move from temporary control to a lasting legal system that balances national and local powers.

Another aspect that is equally important is the participation of people in the control and assessment measures that assist in preventing abuse. For example, in India, the Jan Sunwai scheme encourages civil participation in social support surveillance projects. This service allows citizens to give feedback, submit complaints, and report cases of abuse of social welfare programs, which strengthens transparency and accountability in social welfare programs (Upadhyay and Singh 2021, pp. 251–60). By the specified type of participatory mechanisms, the distribution of social assistance funds can be more precise and controlled more efficiently, which means that the involvement of citizens would help avoid cases of social assistance abuse to a considerable extent (Gupta and Rajan 2019).

Citizens’ trust in law enforcement, as well as in associated governmental organizations, also plays an important role in the overall legal culture. Nonetheless, such trust is not high in Indonesia, and this fact is largely determined by frequent cases of corruption and a lack of visible forms of governance. According to the mentioned observations, solutions to reinstating public trust include developing integrity and transparency among law enforcement officers and ministry officials. Not only does this kind of trust enhance legal institutions, but it also encourages more people to be involved and watchful of social assistance programs. In effect, public legal awareness is one of the pillars of strengthening the efficacy of law enforcement activities in the prevention of social assistance fund misspending in Indonesia (Okparizan and Andhika 2020, pp. 271–90).

4. Conclusions

In conclusion, the results obtained from this study showed that the misuse of social assistance funds in Indonesia arose from four interrelated challenges, namely, weak legal frameworks, limited enforcement capacity, inadequate supporting infrastructure, and a legal culture that tolerates corrupt practices. From a legal sociology perspective, these challenges demand preventive and repressive strategies that integrate institutional reform, technological advancement, and public participation.

First, to address the weak regulatory framework, Indonesia needs a specific Social Assistance Law that establishes clear legal bases for data management, inter-agency coordination, and sanction mechanisms for fund misuse. Codifying these aspects will ensure legal certainty and accountability at all administrative levels. Second, to overcome the limited law enforcement capacity, continuous training and capacity building for enforcement agencies, particularly for the Ministry of Social Affairs, the Attorney General’s Office, and the Corruption Eradication Commission (KPK), should be prioritized. This is particularly important, considering the fact that strengthening technical and investigative competencies will enhance the early detection and consistent prosecution of violations. Third, to mitigate infrastructural and technological constraints, the government should adopt a tiered digital monitoring system that is suited to regional disparities. Advanced tools, such as blockchain and digital ID verification, can be implemented in urban areas, while SMS-based and offline validation systems can serve rural regions. This ensures equitable oversight while respecting the local capacity. This system can be integrated into community initiatives, religious forums, and school curricula to empower citizens to act as co-guardians of transparency. Collectively, the outlined measures form a coherent framework that connects each challenge to targeted policy responses. Strengthening regulation, institutional capacity, infrastructure, and legal culture in tandem will enhance law enforcement effectiveness, ensure equitable social assistance delivery, and promote public trust in the welfare governance system of Indonesia.

To strengthen the policy relevance of this study, the recommendations were translated into context-specific implementation strategies. Within the context of this study, it is recommended that multi-agency coordination comprising Kemensos, KPK, BPK, and the Attorney General’s Office be institutionalized and supported by digital oversight systems adapted to regional technological readiness. Furthermore, community-based legal literacy initiatives integrated with local cultural norms and religious values should be adopted, as this can invariably enhance social accountability and legal awareness. Embedding these efforts within a statutory framework for social assistance will ensure sustainability, transparency, and equity across Indonesia’s diverse regions.

Recognizing the limitations of this study is essential for maintaining academic transparency. As a qualitative investigation that predominantly relies on expert interviews and an extensive literature review, the findings offer a comprehensive socio-legal analysis of the challenges faced by law enforcement in Indonesia. However, these findings are limited in terms of generalizability. The identified challenges are specific to the Indonesian legal and social contexts and may not be universally applicable without further comparative analysis. Additionally, the reliance on expert academic perspectives implies that the findings reflect the ideal legal reality (das sollen) and the perceived operational challenges rather than providing a comprehensive empirical assessment of enforcement actions at the field level across all regions. To address these limitations, future studies should consider adopting quantitative methods or comparative case studies across different jurisdictions to empirically evaluate the effectiveness of recommended preventive and repressive models.