scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals Fostering public accountability in South Africa: A reflection on challenges and successes

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Pandelani H. Munzhedzi
Keyword(s):  
South Africa ◽  
Public Service ◽  
Service Provision ◽  
Public Services ◽  
Public Accountability ◽  
The Public ◽  
Current State ◽  
Public Service Provision ◽  
The Republic ◽  
The Government

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.

scholarly journals URGENSI АJUDIKАSI KHUSUS OMBUDSMАN REPUBLIK INDONESIА DАLАM PENYELESАIАN SENGKETА PELАYАNАN PUBLIK

2020 ◽  
Vol 5 (1) ◽  
pp. 103-118
Author(s):  
Intan Meitasari ◽  
Shinta Hadiyantina ◽  
Indah Dwi Qurbani
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Providers ◽  
Good Faith ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
The Many ◽  
And Function

ABSTRAKPemerintah pada hakekatnya menyelenggarakan fungsi pelayanan publik kepada masyarakat. Karena itu pemerintah berkewajiban dan bertanggungjawab untuk memberikan pelayanan publik yang baik dan professional, namun pelayanan publik yang diberikan oleh penyelenggara pelayanan publik di rasa masih belum maksimal, hal ini di tandai dengan masih banyaknya praktik-praktik Maladministrasi dan pengaduan dari masyarakat. Ombudsman Republik Indonesia yang dibentuk dan disahkan dalam Undang-Undang Nomor 37 Tahun 2008 Tentang Ombudsman Republik Indonesia, yang memiliki tugas dan fungsi untuk mengawal proses pelayanan publik yang efisien, efektif, dan terlepas dari kolusi, korupsi, dan nepotisme (KKN). Selain itu Ombudsman juga memiliki wewenang dalam menyelesaikan sengketa pelayanan publik dengan cara mediasi, konsiliasi dan ajudikasi khusus atau ganti rugi yang dapat di putus oleh Ombudsman. Kenyataannya Ombudsman hanya mampu memberikan rekomendasi kepada terlapor, untuk tindakan selanjutnya tergantung dari itikad baik terlapor, karna rekomendasi yang di berikan oleh Ombudsman tidak bersifat mengikat. Selain itu terdapat ketidak relevasian antara Undang-Undang Pelayanan Publik dan Undang-Undang Ombudsman sehingga perlu adanya pembaharuan dalam kedua Undang-Undang tersebut, dan perlu di atur lebih lanjut terkait Peraturan Presiden Tentang mekanisme dan tata cara pembayaran ganti rugi ajudikasi khusus.Kata kunci: ajudikasi khusus; ombudsman; pelayanan publik; urgensi. ABSTRACTThe government is essentially carrying out the function of public services to the community. Therefore the government is obliged and responsible to provide good and professional public services. However, the public services provided by the public service providers are felt still not optimal, this is marked by the many practices of maladministration and complaints from the community. The Ombudsman of the Republic Indonesia which was formed and approved in UUD (Indonesian constitution) Number 37 of 2008 concerning of the Ombudsman of the Republic Indonesia, which has the duty and function to oversee the process of public services that is efficient, effective, and free from collusion, corruption and nepotism. In addition, the Ombudsman also has the authority to resolve public service disputes by means of mediation, conciliation and special adjudication or compensation that can be decided by the Ombudsman. In reality the Ombudsman is only able to provide recommendations to the reported, for further action depends on the reported good faith, because the recommendations given by the Ombudsman are not binding. In addition, there is an irrelevance between the Public Service Act and the Ombudsman Law, so there is a need for reforms in both of these Laws, and it needs a renewal to the both of the Act, and also needs to be regulated further related to the Presidential Regulation concerning the mechanism and procedures for paying special adjudication compensation.Keywords: ombudsman; public services; special adjudication; urgency.

scholarly journals KUALITAS PELAYANAN PUBLIK

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Harius Eko Saputro
Keyword(s):  
Public Service ◽  
Public Services ◽  
Services Quality ◽  
The State ◽  
Main Task ◽  
Government Officials ◽  
The Public ◽  
Public Servant ◽  
State Apparatus ◽  
The Government

Service is the main task of the state apparatus. The scope of services and public services covered broad aspects of community life. This task has been clearly outlined in the preamble of the 1945 Constitution that is in the fourth paragraph. In practice, public services in Indonesia have not been going well. The provision of public services by government officials to the public is actually an implication of the state apparatus functions as a public servant. Therefore, the position of the government apparatus in public services is very strategic because it will determine the extent to which the government is able to provide the best possible service to the community, which thus will determine the extent to which the state has to perform its role properly in accordance with the purpose of founding. The indicator of public services quality are punctuality, ease of filing, the accuracy of error-free services, and service charges. It is highly influenced by the organizational structure, the ability of the apparatus and service systems. Keywords: Public, Service, Quality

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

scholarly journals Public Service by the Government of Papua Province in the Special Autonomy

2016 ◽  
Vol 7 (2) ◽  
pp. 72-78
Author(s):  
Efraim Kambu
Keyword(s):  
Public Service ◽  
Local Governments ◽  
Public Services ◽  
Secondary Data ◽  
Physical Development ◽  
Data Sources ◽  
Government Officials ◽  
Industry Growth ◽  
Secondary Data Sources ◽  
The Government

Special Autonomy assigns its rights and obligations to local governments to regulate and manage their own affairs and interests of the society so that people increasingly can be served well. But in fact, public services provided is not maximized. This study used qualitative methods, data sources are divided into two types of data sources, namely primary and secondary data sources. The results of this study indicate that there is still lack of public services the Government of Papua Province visible from the weak aspects of responsiveness, which local governments less responsive to some of the problems in the field of education, economy and industry growth and physical development as well as non-physical. From the aspect of responsibility is also still found their weaknesses, which the Government of Papua Province is still not fully overcome the problems of corruption and poverty. Meanwhile, from the aspect of accountability, it is known that the performance of governance in Papua in providing public services are not running optimally, one reason is the lack of competence and capability of local government officials.

scholarly journals TANTANGAN DALAM PENYELENGGARAAN PELAYANAN PUBLIK YANG EFEKTIF PADA PANDEMI COVID 19

2021 ◽  
Vol 7 (2) ◽  
pp. 459-480
Author(s):  
Winsherly Tan
Keyword(s):  
Health Care ◽  
Public Transport ◽  
Public Services ◽  
Good Governance ◽  
Public Awareness ◽  
The Public ◽  
General Obligation ◽  
Government Capacity ◽  
The Government ◽  
The Welfare State

State or government affairs shall be conducted in accordance with the principles of good governance. This is considered a must in normal times and more so when the government have to deal with the COVID-19 pandemic. This general obligation is also in line with the theory proposed by Muchsan about the welfare state and the government’s obligation to provide public services. But reality shows a different picture. The Indonesian government seems to fail in providing good and reliable services in health care, public transport, social assistance, economy, and security.  One solution proposed is to appoint a person in charge of managing public complaints. The expectation is that this will empower the public, raise public awareness and increase government capacity to provide for public services.

scholarly journals STRATEGI PELAYANAN PUBLIK DI KANTOR KECAMATAN KANDANGAN KABUPATEN KEDIRI

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Imam Fachruddin
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Capacity ◽  
Service Strategy ◽  
District Office ◽  
The Public ◽  
Analysis Techniques ◽  
Equipment Reliability ◽  
The Government

This study aims to determine the performance of the apparatus, the strategy of improving public services in Kandangan Subdistrict, Kediri Regency, as well as obstacles faced to strengthen public service capacity in the Kandangan District Office, Kediri Regency. This research is a descriptive study using a qualitative approach. Data collection techniques are carried out with observation, interview, and documentation techniques. Data analysis techniques used are interactive models. The validity of the data is done by triangulating the source and method. Utilizing the information from the informants, this study produced findings: 1). The public service strategy in the Kandangan District Office is seen from various indicators, namely the provision of physical facilities and equipment, reliability, simplification of processes, pure responsiveness of the apparatus, providing waiting rooms and places. Secure parking/assurance (Assurance), and empathy (empathy) apparatus in Kandangan Subdistrict, the average community considers it to be relatively good. 2). Sensitivity to the community, enhancing the professionalism of apartments and supplementing infrastructure - the strategy of the government of Kediri Regency in Improving the Quality of the Implementation of Public Services in Kandangan sub-district.

scholarly journals Urgency of the Public Services Supervision on the Regional Government Implementation

2020 ◽  
Vol 4 (2) ◽  
pp. 84-88
Author(s):  
Ida Ayu KETUT KARYANI ◽  
I Wayan PARSA
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Providers ◽  
Regional Government ◽  
Public Officials ◽  
The Public ◽  
Government Supervision ◽  
Service Sectors ◽  
The Government

This study examined the supervision of public services as stipulated in Law 25 of 2009, namely regarding public services and Law 23 of 2014 concerning regional government. Supervision carried out in the law is to give authority to each of the existing institutions or institutions, causing overlapping existing authority. Giving authority to officials will give birth to the rights and obligations to achieve the goals and intentions specified in the legislation. The rise of corruption cases occurs because of the weakness of existing supervision of government administration, especially in public services. In this case corruption will foster public distrust of public services. The form of maladministration carried out by public service providers is always associated with behavior in services performed by public officials and the norms of behavior of officials in public services. In addition, these problems are also caused by the opportunities and authority given to be abused and the low quality of public services in various service sectors. Supervision of public services can provide certainty about the public services provided by the government whether it has been running according to targets and objectives and is a way to find out as early as possible maladministration that might occur so that effective and accountable government can be realized.

scholarly journals IMPLEMENTASI GOOD GOVERNANCE SEBAGAI UPAYA PENCEGAHAN PENYAKIT BIROKRASI DALAM PELAYANAN PUBLIK (STUDI KASUS KASUS PELAYANAN ADMINISTRASI KEPENDUDUKAN DI KANTOR KECAMATAN MEDAN HELVETIA

2021 ◽  
Vol 29 (2) ◽  
pp. 24
Author(s):  
Pangeran Teguh Anugrah ◽  
Abdul Kadir ◽  
Pin Pin
Keyword(s):  
Human Resources ◽  
Public Service ◽  
Public Services ◽  
Good Governance ◽  
Secondary Data ◽  
Primary Data ◽  
Organizational Relationships ◽  
Public Servants ◽  
The Public ◽  
The Government

District is part of the government organization that is closest to dealing directly with the community and spearheading the success of regional development, especially in Medan, where the District will be seen directly in planning and controlling development and services, and a reflection of good governance in Medan. The objectives of this study are as follows: (i) to describe the Good Governance implementation in the District, especially in the District of Medan Helvetia, (ii) to analyze the factors that support and inhibit the implementation in the District, especially in the District of Medan Helvetia.The form of descriptive research using a qualitative approach, this research was conducted in the District of Medan Helvetia. The informants consisted of key informants, namely the Head of District and their apparatus as many as 4 people who were determined purposively and the Main informant namely the community who were taken accidentally as many as 20 people at the time of the study. Primary data comes from interviews and secondary data from literature studies and other written documents. After the data and information needed has been collected, the researcher then sifts through the data and information into the research indicators that have been determined. After the data and information are grouped, the researcher then presents the data and analyzes the data qualitatively.Research Results: The good governance implementation in Medan Helvetia District Office refers to the Decree of the District of Medan Helvetia number 138/19-17/SK-MH/IX/2015 on Standard Operating Procedures (SOP) in Medan Helvetia District Environment. In general, the implementation analysis as follows: (i) Standards and Policy Objectives: public servants have attempted to achieve the public service goals they have set, (ii) Resources: human resources and support resources or facilities, researchers see still shortcomings, (iii) Inter-Organizational Relations: inter-organizational relationships implemented in Medan Helvetia  District are good, (iv) Characteristics of the Implementing Agent: the characteristics of the existing implementing agent can already be applied by the implementor of public services in both the public service in Medan Helvetia district, (v) Social, Political, and Economic Conditions: on the variable social, economic and political conditions, the implementors of public services in providing public services do not discriminate between each other, (vi) Implementor Disposition: the attitude given by the implementor of public services is friendly and courteous when providing public services. Supporting factors are cooperation with stakeholders, commitment of the head district (Camat), and the economic potential of the region and opportunities of private CSR, while the Inhibitor Factors are Lack of community participation, lack of human resources apparatus, lack of funds and some damaged road and drainage infrastructure.

scholarly journals PENGOSONGAN JABATAN WAKIL LURAH DI PROPINSI DAERAH KHUSUS IBUKOTA JAKARTA: Dilema Antara Efisiensi Birokrasi dan Layanan Publik

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Rahmatullah Rahmatullah
Keyword(s):  
Public Service ◽  
The Public ◽  
Urban Village ◽  
Personnel Staffing ◽  
Government Bureaucracy ◽  
Thousand Islands ◽  
Heavy Burden ◽  
The Republic ◽  
The Government ◽  
The Village

Specificity of autonomy Jakarta as the Capital of the Republic of Indonesia that is placed on the area provincial level, so that the government area consists of 5 (five) City and 1 (one) Thousand Islands District up units at the lower level, namely District and Village is a unit of government administrative and technical services. Urban Village as a government bureaucracy that deal directly with the public is the frontline in the public service. The existence of the village chief and deputy village chief was reinforced by law No. 147 of 2009 on the Organization and Work Procedure village, which strengthened the position of deputy village chief duties and functions as an auxiliary Lurah such a heavy burden of their duties to serve citizens of the capital densely populated. The reform of the bureaucracy over the birth of Jakarta Bylaw No. 12 of 2014 concerning the regional Organization still beg the question why the position of deputy village chief who is still listed in the rules of the "vacated" in all regions of Village Capital. Occurred in the dilemma between the demands of expectations as a public service town, but on the other hand the reform of the bureaucracy is still a "maintenance of structures" without "tightening" of personnel staffing.

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