OPTIMALISASI PERAN OMBUDSMAN REPUBLIK INDONESIA DALAM MENGAWASI PELAYANAN PUBLIK

TAQWA, TAQWA and Rifai, Amzulian and Nashriana, Nashriana and RS, Iza Rumesten (2024) OPTIMALISASI PERAN OMBUDSMAN REPUBLIK INDONESIA DALAM MENGAWASI PELAYANAN PUBLIK. Doctoral thesis, Sriwijaya University.

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Abstract

ABSTRACT Public services that are not optimal result in public dissatisfaction with the public services provided by the government. Due to the public dissatisfaction, the community reported the incident to the concerned government institution and also reported to the state institution, namely the Ombudsman of the Republic of Indonesia (hereinafter abbreviated as ORI). The ORI conducts supervision to prevent maladministration committed by state administrators in public services. The law is still vague (vague of norms) in article 8 Paragraph 1, regarding the authority of the ORI to summon the reported person and his superior. Furthermore, in Article 38 it is with respect to the ORI recommendations that are not implemented. Therefore, the ORI is needed in supervising public services by the state administrators in government institutions, State-owned Enterprises (SOEs), in order to realize good and clean governance based on the preamble of 1945 Constitution of the 4th paragraph. The problems discussed in this dissertation were focused on: 1). Why is the role of ORI needed in supervising public services?; 2). Why is the role of ORI in supervising public services not optimal?; 3). How is the reconstruction the role of ORI in supervising public services? The approach method in this study used a normative juridical approach. The types of legal materials used primary, secondary, and tertiary legal materials. The analysis technique was qualitatively descriptive . The technique of drawing conclusions used deductive thinking logic. 1). The urgency of the role of ORI in supervising the implementation of public services is because there are public service problems in Indonesia such as neglect of community rights, illegal levies, corruption, collusion, and nepotism (CCN), abuse of office, settlement of reports, prevention of maladministration at the central and regional representatives. Substantively, supervision is regulated in Article 6 followed by the authority of the ORI in Article 8. In fact, there is a neglect of the obligation to carry out the recommendations of the ORI in Article 38, there are no criminal sanctions for the reported agency, only limited to administrative sanctions in Article 39 of the ORI Law. 2). The role of ORI in supervising public services has not been optimal because there is a neglect of ORI's recommendations based on the 2022 ORI annual report stating that ORI handled 22,197 community reports, namely 19,495 regional ORI and 2,702 central ORI. In the first semester of 2023 ORI's annual report, the ORI followed up on 275 community reports through the resolution and monitoring stages. Of these, 174 reports (63%) were successfully completed and 101 reports (37%) were still in process. The 2022 ORI performance report for the ORI supervision was not optimal because the 2022 target was 70% but the realization was 57.14%. There was a previous percentage decrease of 73.46% in 2021. 3). Reconstructing the role of the ORI by revising the Article 8 Paragraph 1 of the ORI Law to add letter h. That is the right to summon the reported person in the ethics hearing of the state administrator, which is attended by his superiors, to provide administrative sanctions in the form of postponing promotions, even dismissal or the authority to evaluate the dismissal of acting regional heads in accordance with the standard operating procedures (SOP). Keywords: Optimization, ORI, Role, Public Service

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: Optimization, ORI, Role, Public Service
Subjects: K Law > K Law (General) > K109-110 Law societies. International bar associations
Divisions: 02-Faculty of Law > 74001-Law (S3)
Depositing User: TAQWA TAQWA
Date Deposited: 22 Aug 2024 06:19
Last Modified: 22 Aug 2024 06:19
URI: http://repository.unsri.ac.id/id/eprint/155810

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