Ombudsman as an Independent Oversight Body for Public Service in Indonesia: An Opinion

DOI

10.2991/978-2-494069-49-7_172How to use a DOI?

Keywords

Recommendation; Ombudsman; Public Services

Abstract

Public Service rules state that an Ombudsman can settle a dispute involving public services. Since the decision has value as a suggestion, the Ombudsman’s findings are given as recommendations. Then, legal action may be taken according to the law. This study examines how the ombudsman’s recommendations as an independent oversight agency affect public service delivery in Indonesia. This study employed a normative legal technique to compare the Ombudsman’s recommendations to regulations, legal principles, legal theories, and other literature. The Ombudsman oversees the implementation of public services organized by State Administrators and government at the center and in the regions, including those held by State-Owned Enterprises, Regional-Owned Enterprises, and State-Owned Legal Entities, as well as private entities or individuals tasked with administering public services. The Ombudsman supervises public service delivery and resolves disputes. The Ombudsman uses Mediation and Adjudication to resolve public service problems. However, the Ombudsman is not a court, thus in order to provide recommendations, it is important to acknowledge this. The Ombudsman’s recommendation isn’t legally binding. Although the steps from a report to the Ombudsman’s suggestion are similar to court verdicts, the Reported Party and its superior who don’t follow the advice face administrative punishment. On this basis, it is necessary to analyze the Ombudsman’s authority, the position of his mandated recommendations, and the Indonesian rule of law’s legally enforceable definition.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Habib Muhsin Syafingi
AU  - Dyah Adriantini Sintha Dewi
AU  - Suharso
AU  - Wafda vivid izziyana
PY  - 2022
DA  - 2022/12/29
TI  - Ombudsman as an Independent Oversight Body for Public Service in Indonesia: An Opinion
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 1026
EP  - 1029
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_172
DO  - 10.2991/978-2-494069-49-7_172
ID  - Syafingi2022
ER  -