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 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 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 Implementation of E-Government as a Public Service Innovation in Indonesia

2021 ◽  
Vol 8 (1) ◽  
pp. 72-79
Author(s):  
Ida Farida ◽  
Annisa Lestari
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Innovation ◽  
Public Access ◽  
Access To Information ◽  
Data Systems ◽  
Use Of Technology ◽  
Information And Communication ◽  
The Republic ◽  
The Government

E-Government implementation is the use of technology, information, and communication to realize more efficient and effective government practices in the process of implementing public services in order to facilitate public access to information and create principles of accountability, transparency and good public participation in the Indonesian government. This study aims to explain the implementation of E-Government in Indonesia which encourages the development of information and data systems and is adapted to existing bureaucratic processes. The method used in this research is qualitative research methods. The results showed that public service innovation organized by the government of the Republic of Indonesia was able to create relationships between elements in a country online, not inline, so that efficiency and speed in public services was not only a symbol but a reality.

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 Peculiarities of the Political Culture of Citizens in the Middle and Big Cities of Russia (the Republic of Bashkortostan’s Case)

2016 ◽  
pp. 29-37
Author(s):  
D G Mihailichenko ◽  
E V Sobolev
Keyword(s):  
Political Culture ◽  
Historical Analysis ◽  
Social Situation ◽  
Point Of View ◽  
The Political ◽  
Republic Of Bashkortostan ◽  
Big Cities ◽  
The Republic ◽  
The Government ◽  
The One

The article focuses on peculiarities of the political culture of habitants of middle and big cities in the Republic of Bashkortostan. Economic distinctions of the region, its multyethnicity and religious diversity allows to apply conclusions on the state as a whole. Based on sociological data and historical analysis the authors revealed the genesis of the subjective type of political culture in the middle and big cities of the Republic of Bashkortostan. The authors also examine such peculiarities of the culture of townsmen as low protest potential, political indifference, alienating type of behavior, absence of critical attitude to information. The authors analyze the principal problems that city’s habitants faced in the conditions of economic and political transformation and how the subjective type of culture impedes to resolve these problems in a positive way. Such problems of the cities are pointed out as deindustrialization, depopulation, the ageing of the population and decline in living standards. Despite the worsening economic and social situation of residents of the big and average cities of Bashkortostan, growth of protest moods among them it is not observed, and most of citizens as show data of sociological polls, keep loyalty to the government at the regional and federal level. The authors' point of view is that the type of the political culture of the habitants causes the loyalty. In the conclusion, the authors show the perspective of the cities, the contradiction in state policy that initiates the civic engagement on the one hand but demands on the political loyalty on the other hand.

scholarly journals Kualitas Layanan Publik di Kantor Investasi Layanan Terpadu Satu Pintu dan Tenaga Kerja (DPMPTSP & TK) di Kabupaten Bone Bolango

2019 ◽  
Vol 1 (2) ◽  
pp. 098
Author(s):  
Lucyane Djaafar
Keyword(s):  
Qualitative Methods ◽  
Public Service ◽  
Public Services ◽  
Integrated Services ◽  
Good Service ◽  
One Stop ◽  
Labor Service ◽  
The Government ◽  
The One

Public service is a part that cannot be separated from the life of the nation and state. The 1945 Constitution mandates that the state must provide good service to all citizens to fulfill their basic needs. The government is one of the providers of public services must always carry out services that are in accordance with the rules and must know the conditions of those served. In fact, the community is often disappointed with the services provided by the government in terms of licensing arrangements such as long and convoluted service procedures, the issuance of a permit is sometimes not in accordance with the time set. Problem formula What is the quality of public services in the One Stop and Manpower Integrated Services Investment Office (DPMPTSP & TK) in Bone Bolango Regency?                This research uses qualitative methods. Techniques for collecting data through observation, interviews, documentation. The results of the service quality of Bone Bolango District's One-Stop Integrated Service and Labor Service (DPMPTSP & TK) have been good, seen from the dimensions of tangibles, responsiveness dimensions, empathy (empathy) but on assurance (assurance) dimensions and reability dimensions. corrected because there is still a relationship with the relevant office in issuing a letter of recommendation so that the permit issuance is not in accordance with the stipulated time.

scholarly journals The Legal Strength of the Ombudsman Recommendation of the Republic of Indonesia in the Effort of Realizing Good Governance

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Dodik Setiawan Aji ◽  
◽  
Irma Cahyaningtyas
Keyword(s):  
Public Service ◽  
Research Method ◽  
Public Services ◽  
Good Governance ◽  
State Institution ◽  
Literature Study ◽  
State Administrators ◽  
The Republic ◽  
The Government ◽  
Administrative Sanctions

This study aims to discuss issues regarding what is the role and authority of the Ombudsman of the Republic of Indonesia ? What is the process for examining complaints at the Ombudsman of the Republic of Indonesia ? How is the strength of the Ombudsman Recommendation of the Republic of Indonesia in the effort to realize good governance ? The research method used in this research is normative juridical , using secondary legal data obtained through literature study. The results showed that The Ombudsman is a state institution that has the authority to supervise the implementation of public services externally, both those organized by state administrators and the government. The adjudication process by the Ombudsman in resolving public service disputes is only one of several possibilities for resolving public service disputes. The imposition of administrative sanctions for those who ignore the Ombudsman Recommendation shows that basically the Ombudsman is an institution that can actually carry out its function as a supervisory agency.

scholarly journals KEPASTIAN HUKUM DAN BUDAYA KORUPSI DI INDONESIA

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Early Age ◽  
Legal Certainty ◽  
Unitary State ◽  
The Future ◽  
Learning Programs ◽  
Law Enforcement Officials ◽  
The Republic ◽  
The Government

One of the biggest problems faced by the Unitary State of the Republic of Indonesia is the handling of the problem of corruption which seems to never end, both in terms of eradicating or implementing laws regarding corruption. In Indonesia, an independent institution specifically dealing with corruption issues has been established, namely the Corruption Eradication Commission (KPK) since 2002. However, the fact is that until 2020 it has not really been able to effectively address the problem of corruption in Indonesia with various arrests made by the Corruption Eradication Commission (KPK). proves that the problem of corruption that occurs inthis country and the government in Indonesia needs serious attention from various parties who play an important role in dealing with the problem. This writing aims to determine the extent to which legal certainty applies in the process of eradicating corruption in Indonesia, the researchmethod used is the normative research method. Based on the results of the research conducted, it can be concluded that the laws governing and law enforcement officials inovercoming the problem of corruption in Indonesia have not been fully effective in providing legal certainty to corrupt actors and the application of existing laws has not been able to fully guarantee the disappearance or no more corruption. will happen in the future, and there is a need for prevention that can give birth to new corruptors in the future by further increasing anti-corruption learning programs and carrying out various socialization or prevention of acts of corruption from an early age which is felt to help overcome the problem of corruptors in this country.

scholarly journals PERLINDUNGAN HUKUM ATAS PRAKTIK PUNGUTAN LIAR DI KANTOR PELAYANAN PUBLIK

2021 ◽  
pp. 1423
Author(s):  
Shintamy Nesyicha Syahril ◽  
Tundjung Herning Sitabuana
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Colonial Era ◽  
Service Employees ◽  
The Republic ◽  
The Government ◽  
Office Employees

Illegal levies are still a tradition in Indonesia since the Dutch colonial era. Extortion usually often occurs in public service offices. This certainly violates the rights of citizens to obtain legal protection. Indonesia as a country based on law, of course, has guaranteed legal protection in the constitution. Extortion is a criminal act, extortion often occurs because of the low level of legal awareness of public service office employees. With the practice of extortion, of course, it is contrary to what is expected in the state goals as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Illegal levies are an act of government employees that hinders the welfare of the community and causes public distrust of the state. Criminal policies related to illegal levies are contained in Article 348 paragraph (1) and Article 432 of the Criminal Code. Illegal levies can be categorized as a criminal act of extortion. Illegal levies often occur because of the lack of supervision from government agencies authorized to oversee the implementation of public services. To ensure the implementation of public services that are free from illegal fees, more detailed regulations and tighter supervision from the government are needed. The higher the level of legal culture of public service employees, it will guarantee the rights of legal protection of citizens so that a prosperous country can be realized. This research uses normative research methods.Pungutan liar masih menjadi tradisi di Indonesia sejak jaman kolonial Belanda. Pungutan liar biasanya sering terjadi di kantor pelayanan publik. Hal ini tentu melanggar hak warga negara untuk mendapatkan perlindungan hukum. Indonesia sebagai negara yang berlandaskan hukum, tentu saja telah menjamin perlindungan hukum di dalam konstitusi. Pungli merupakan merupakan suatu tindak pidana, pungli sering terjadi karena rendahnya tingkat kesadaran hukum pegawai kantor pelayanan publik. Dengan terjadinya praktik pungli tentu saja bertentangan dengan apa yang diharapkan dalam tujuan negara yang tercantum dalam Pembukaan Undang-Undang Dasar Republik Indonesia Tahun 1945. Pungutan liar merupakan suatu perbuatan pegawai pemerintah yang menghambat kesejahteraan masyarakat serta menyebabkan timbulnya ketidakpercayaan masyarakat terhadap negara. Kebijakan pidana terkait pungutan liar terdapat di dalam Pasal 348 ayat (1) dan Pasal 432 Kitab Undang-Undang Hukum Pidana. Pungutan liar dapat dikategorikan sebagai tindak pidana pemerasan. Pungutan liar kerap terjadi karena kurangnya pengawasan dari lembaga pemerintah yang berwenang mengawasi penyelenggaraan pelayanan publik. Untuk menjamin terlaksananya pelayanan publik yang bebas dari pungutan liar, maka dibutuhkan pengaturan yang lebih rinci serta pengawasan yang lebih ketat dari pemerintah. Semakin tinggi tingkat budaya hukum pegawai pelayanan publik, maka akan menjamin hak perlindungan hukum warga negara sehingga negara yang sejahtera dapat terwujud. Penelitian ini menggunakan metode penelitian normatif.

scholarly journals Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang No : 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid/2018/PN. Mdn)

2019 ◽  
Vol 1 (1) ◽  
pp. 10-18
Author(s):  
Agus Pranata Sinaga ◽  
Anggreini Atmei Lubis ◽  
Riswan Munthe
Keyword(s):  
Law Enforcement ◽  
Research Application ◽  
Legal Evidence ◽  
Group I ◽  
Law Enforcement Officials ◽  
Witness Statements ◽  
The Republic ◽  
Plant Form ◽  
The Government ◽  
Case Number

The narcotics problem has now penetrated all elements of the nation ranging from children to adults, from the lower classes to officials, even politicians and law enforcement are not sterile from narcotics abuse, so that eradication efforts are not enough to only be handled by the government and law enforcement officials instead, it needs to involve the whole community to play a role and actively participate in its prevention and eradication. This type of research is empirical juridical law research. Application of Material Criminal Law by the Judge against the Narcotics Misuse Act of Group I in non-plant form Decision number 423 / pid.sus / 2018 / PN. Mdn is right. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics indicted in the Primair Indictment. The legal consideration by the Judge regarding the criminal acts of Misuse of Narcotics of Group I in the form of non-plants in imposing convictions is appropriate because the Judge in case Number 423 / pid.sus / 2018 / PN. Mdn handed down convictions based on witness statements, defendant statements, and documentary evidence according to Article 184 of the Criminal Procedure Code as legal evidence.

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