REFLECTION ON 14 YEARS OF LAW NUMBER 37 OF 2008: NEED FOR INSTITUTIONAL STRENGTHENING OF THE INDONESIAN OMBUDSMAN
Efforts to strengthen the legal standing of the Ombudsman of the Republic of Indonesia, especially those related to the existence of institutions, both at the center and representatives, need to be carried out. This was conveyed by the Chairman of the Indonesian Ombudsman, Mokhammad Najih when opening the Public Discussion Reflection on 14 Years of Law Number 37 of 2008 concerning the Indonesian Ombudsman “Efforts to Strengthen the Legal Position and Role of the Indonesian Ombudsman”, on Thursday (6/10/2022) in a hybrid manner at the Ombudsman Office. RI, Jakarta.
Najih further said that the compliance aspect of public service providers to the products produced by the Indonesian Ombudsman, including corrective actions, suggestions, and recommendations must be improved so that the Ombudsman’s role is more real in improving the quality of public services.
“When public services are of high quality, the four goals of the State of Indonesia will be achieved,” explained Najih.
In addition, the presence of the Indonesian Ombudsman as a Public Service Supervisory Agency has made a major contribution to efforts to develop a just law in Indonesia. “For example, in 2021, the Indonesian Ombudsman has issued 42 suggestions for policy improvement, totaling 42 suggestions for the regional level and 17 suggestions for the central level,” he explained.
Along with this, the Chairman of Commission II of the Indonesian House of Representatives, Ahmad Doli Kurnia Tandjung said that the presence of the Ombudsman institution serves to ensure that the government’s efforts to adapt to the dynamics of society continue to prioritize public services as the main variable.
“The problem with society today is that there is no full understanding that the public has the right to be served, where it is the responsibility of the Government to provide that understanding,” said Doli. “This is where the Indonesian Ombudsman institution is present as a form of supervision of the Government’s efforts to make the public aware of the rights and obligations that can be obtained, especially in the aspect of public services,” he continued.
As for some notes related to the Revision of Law Number 37 concerning the Indonesian Ombudsman which is included in the Priority Prolegn as for 2022/2023 as an initiative of the DPR RI, they are as follows:
- Institutional strengthening;
- Giving rewards to institutions providing public services,
- Synchronization and harmonization with other laws and regulations;
- The protection of the Whistleblower’s security is not only in the form of keeping the identity of the Whistleblower secret, but must also ensure the safety of the Whistleblower’s life.
Strengthening, Professor of Constitutional Law University Padjadjaran, Prof. Susi Harijanti, conveyed things that need to be noted by the Indonesian Ombudsman in the future. “It is very important to evaluate the RI Ombudsman periodically, for example 5 years or 10 years and widely published related to aspects of satisfaction, impact, and changes obtained from the performance of the Indonesian Ombudsman,” explained Susi.
The enactment of Law Number 37 of 2008 as a replacement for Presidential Decree Number 44 of 2000 shows the legality of the Indonesian Ombudsman as a Public Service Supervisory Agency with a stronger status, wider scope of supervision, increased authority, and stronger protection.
In her presentation, Susi conveyed the challenges of the current Ombudsman, including how the Indonesian Ombudsman can maintain the precautionary principle in the digitalization period. “How is the process regulated in the law that should take 10 days, but was changed to
5 days?” he said. The precautionary principle in this State Administrative Law must be an important point.
Furthermore, the question regarding the gender of the Ombudsman institution and the form of remedy from the decision of the Ombudsman of the Republic of Indonesia is also a challenge that must be answered by the Ombudsman of the Republic of Indonesia in the future.
This public discussion was attended by Indonesian Ombudsman personnel, media colleagues and invited guests in the Multipurpose Room of the Indonesian Ombudsman Building. Present as a moderator, the Head of the Main Assistant for Resolution and Monitoring, Dominikus Dalu guided the discussion.