scholarly journals The Recommendation or the Adjudication Authority of the Ombudsman of the Republic of Indonesia

2021 ◽  
Vol 23 (2) ◽  
pp. 295-308
Author(s):  
Musriza Musriza ◽  
Eddy Purnama ◽  
Mahfud Mahfud
Keyword(s):  
Public Services ◽  
Legal Protection ◽  
Comparative Approach ◽  
Government Agencies ◽  
The Republic

This research investigates the Ombudsman recommendations as the improvement of the maladministration’s prevention and the efforts that against government agencies which do not implemented their duties. This juridical-normative research uses four kinds of approach like statute, historical, conceptual and comparative approach. The Ombuds-man’s existence after 19 years establishment can be said hasn’t fully work as that institution expectation. The responsibility to accept all complaint about maladminis-tration especially in public services just relied only by issues the recommendations about conclusions and suggestions. Ombudsman doesn’t has the authority to execute the result of their investigations, so that the rules of recommendation’s implementation are weak. The 2016-2020 period’s recommendation haven’t implemented optimal enough. Therefore, recommendations as the improvement of the maladministration’s prevention need to equalizing the perspective and detailed the implementation rules, so that a stronger legal protection about the position and also the function of its recommen-dations can be achieving prosperity.

scholarly journals OMBUDSMAN: STUDI PERBANDINGAN HUKUM ANTARA INDONESIA DENGAN DENMARK

2020 ◽  
Vol 16 (1) ◽  
pp. 1-12
Author(s):  
Sultoni Fikri ◽  
Syofyan Hadi
Keyword(s):  
Analytical Method ◽  
Public Services ◽  
Good Governance ◽  
Legal Protection ◽  
State Institution ◽  
Comparison Method ◽  
The State ◽  
State System ◽  
State Institutions ◽  
The Republic

The Ombudsman as a state institution has the duty to oversee the administration of the state, particularly in public services in order to realize good governance. Therefore the institution is demanded to be independent and impartial to other state institutions. In addition, the presence of the Ombudsman becomes a manifestation of legal protection for the community in the event of maladmnistration conducted by the apparatus/state officials in using their authority. The birth of the Ombudsman is inseparable from history in Scandinavian countries, including in Denmark. The Danish Ombudsman, known as the Folketingets Ombudsmand, has become one of the most important institutions in the state system there. While in Indonesia, its position has received less attention. This difference makes the writer interested to compare it. The approach used in this paper uses a micro-type body of norm approach, which is a legal comparison that uses the Act as the basis for comparison, which is used is Act Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia compared to the Danish Ombudsman Act. Whereas the legal comparison method uses analytical method. The result of this research is to reconstruct the law in Law Number 37 Year 2008 concerning the Ombudsman of the Republic of Indonesia by adopting from what is in the Danish Ombudsman Act. the hope is that the existence of ORI is so respected and recommendations from ORI are not merely morally binding but are legally binding.Ombudsman sebagai lembaga negara yang memiliki tugas untuk mengawasi dari penyelenggaraan negara, khususnya pada pelayanan publik agar terwujudnya good governence. Oleh karena itu lembaga tersebut dituntut untuk bersifat independen dan tidak memihak kepada lembaga negara lainnya. Selain itu hadirnya Ombudsman menjadi suatu perwujudan perlindungan hukum bagi masyarakat apabila terjadi maladmnistrasi yang dilakukan oleh aparatur/pejabat negara dalam menggunakan kewenangannya. Lahirnya Ombudsman tidak lepas dari sejarah di negara Skandinavia, termasuk di Denmark. Kedudukan Ombudsman Denmark atau dikenal sebagai Folketingets Ombudsmand, lembaga tersebut menjadi salah satu lembaga penting dalam sistem ketatanegaraan disana. Sedangkan di Indonesia keududukannya kurang mendapat perhatian. Perbedaan inilah yang membuat penulis tertarik untuk membandingkannya. Pendekatan yang digunakan dalam penulisan ini menggunakan pendekatan mikro jenis bodies of norm, yaitu perbandingan hukum yang menggunakan Undang-Undang sebagai dasar untuk melakukan perbandingan, yang dipakai adalah Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dibandingkan dengan The Ombudsman Act Denmark. Sedangkan untuk metode perbandingan hukum menggunakan analytical method. Hasil dari penelitian ini adalah untuk dilakukan rekonstruksi hukum pada Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dengan mengadopsi dari apa yang ada di The Ombudsman Act Denmark. harapannya adalah eksistensi ORI begitu disegani dan rekomendasi dari ORI tidak sekadar mengikat secara moral melainkan mengikat secara hukum.

scholarly journals Prinsip Hukum Pelayanan Perizinan Terpadu Satu Pintu (PTSP) di Indonesia

2020 ◽  
Vol 2 (2) ◽  
pp. 107
Author(s):  
Pung Karnantohadi*
Keyword(s):  
Civil Rights ◽  
Public Services ◽  
Legal Protection ◽  
Special Treatment ◽  
The Public ◽  
One Stop ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Integrated Service

This research entitled “Law Principle of One-Stop Integrated Service”. The preambule of the 1945 Constitution of the Republic of Indonesia mandated that the objective of the establishment of the Republic of Indonesia was to advance public welfare and educate the life of the nation. The mandate implies that the state is obliged to fulfill the needs of every citizen through a system of government that supports the creation of excellent public services in order to meet the basic needs and civil rights of every citizen of public goods, public services, and administrative services.The philosophical foundation of the obligation of every person to have permission to carry out their activities is contained in the provisions of Article 28J paragraph (1) of the 1945 Constitution of the Republic of Indonesia (Amendment), which aims to respect the human rights of other people in an orderly society, nation and state. In accordance with the provisions of Article 28 Paragraph (2) of the 1945Constitution of the Republic of Indonesia (Amendment), permission is a limitation of one's right to provide facilities to the community in the One Stop Integrated Service (PTSP) in the provisions of Article 28 H paragraph (2) The Republic of Indonesia in 1945 (Amendment), which reads "everyone has the right to receive facilities and special treatment to obtain the same opportunities and benefits in order to achieve equality and justice. The One Stop Integrated Licensing Service is a licensing service model that integrates the authority of the licensing agency, so that legal figures in the One Stop Integrated Licensing Service are legislation that regulates the mapermits,  among  others in  the  form of  regulations regions and  regional  head regulations. Based on the principle of bevogheid zonder verantwoordlijkheid, each permit issuer can be held accountable for the permit issued or rejected, so that the public or applicant can submit legal protection efforts through the judicial institution (State Administrative Court). Legal remedies carried out by permit applicants or the public are also a form of legal protection for permit issuers in measuring the validity of issuing decisions.

Konstruksi Reputasi dan Responsivitas Instansi Pemerintah Melalui Media Sosial pada Situasi Pandemi Covid-19 di Indonesia (Analisis Wacana Pada Laman Facebook Direktorat Jenderal Perbendaharaan Kementerian Keuangan RI)

2020 ◽  
Vol 5 (3) ◽  
pp. 217-234
Author(s):  
Muhammad Nur Nur
Keyword(s):  
Social Media ◽  
Discourse Analysis ◽  
Public Services ◽  
Government Agency ◽  
Government Agencies ◽  
Construction Process ◽  
State Budget ◽  
Emergency Situations ◽  
Ministry Of Finance ◽  
The Republic

Government agencies are required to continue to work and provide optimal and responsive public services to various issues and conditions. Preaching on social media can be a medium for government agencies to construct certain discourses, such as a responsive attitude to the current emergency situations. DGT as a government agency under the Ministry of Finance of the Republic of Indonesia responsible for managing the State Budget has a business continuity plan (BCP) that is responsive to various situations that occur. This article aims to find and explain the news construction process in the Facebook social media account of DJPb which shows the responsiveness of DJPb in the Covid-19 pandemic situation in Indonesia. This study uses Teun A. Van Dijk's discourse analysis (DA) method to find textual components (news schemes)  of the news and texts on DJPb’s Facebook page. The results showed that there was a reputation and responsiveness construction process in the form of discourse produced in the news on DJPb's Facebook social media account during the Covid-19 pandemic situation in Indonesia. DJPb’s responsiveness is important and very necessary to ensure that public services related to disbursement of APBN such as employee salaries, BOS funds, UMi credit, etc. including APBN funds for handling in emergency situations such as the Covid-19 pandemic can continue to run well to support the implementation of government’s programs.

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.

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.

MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Legal Protection ◽  
The Public ◽  
Republic Of Macedonia ◽  
Modest Contribution ◽  
Serious Crime ◽  
New Strategy ◽  
Main Motive ◽  
The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

Filtration of Terrorism-Related Texts in the E-Government Environment

2018 ◽  
Vol 8 (4) ◽  
pp. 35-48
Author(s):  
Rasim M. Alguliyev ◽  
Ramiz M. Aliguliyev ◽  
Gunay Y. Niftaliyeva
Keyword(s):  
Information And Communication Technologies ◽  
Public Services ◽  
Communication Technologies ◽  
Government Agencies ◽  
External Relations ◽  
Information And Communication

E-government expresses the process of utilizing advanced information and communication technologies (ICT) to automate internal activities of government agencies and their external relations with citizens and businesses. All these interactions provide better, faster and more secure public services. In this article, a method for the detection of terrorism-related activities in the e-government environment has been suggested. In the proposed method, terrorism-related activities are defined based on the similarity between the users' opinions and the vocabulary database created linked to terrorism.

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 Remittance trap: comparative approach of the Republic of Moldova and other ex-socialist countries

2021 ◽  
Vol 7 (2) ◽  
pp. 59-76
Author(s):  
Elina Benea-Popusoi ◽  
◽  
Polina Arivonici ◽  
Keyword(s):  
Side Effects ◽  
Sustainable Growth ◽  
Comparative Approach ◽  
Policy Recommendations ◽  
Business Climate ◽  
Short Term ◽  
Advantages And Disadvantages ◽  
Long Run ◽  
Capital Outflows ◽  
The Republic

The objective of our analysis has been to find out and elaborate on why some countries could not benefit from remittance inflows sent by migrants or even are getting into traps due to them. In the authors’ view, the remittance trap may be appraised, notably in the long run, as the dilemma in which a country finds itself when the high value of migrant remittance inflows leads to a high value of human and financial capital outflows, as well as to the moral hazard problem of the country's population and government. Accordingly, remittance trap negatively affects the sustainable growth and development of the economy which eventually deepens the country's dependence on remittances, proving the vicious nature of the trap. Furthermore, the paper focuses on identifying a competent set of policy recommendations for the countries that are remittance dependent. A natural conclusion of our research is that there is a thin line between remittances’ advantages and disadvantages, since in fact, short-term benefits very often turn out into long-run side effects, mainly as a result of mismanagement of remittance inflows, which correlates with unfavourable business climate and decreased willingness of the population to invest. Accordingly, the benefits and adverse side effects of remittance inflows are interdependent.

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