Research Article
Implementation of Good Governance Ombudsman Recommendations
@INPROCEEDINGS{10.4108/eai.17-7-2019.2303010, author={Iga Sukma Devi and F. C. Susila Adiyanta and Nabitatus Sa'adah}, title={Implementation of Good Governance Ombudsman Recommendations }, proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICSTIAMI}, year={2021}, month={1}, keywords={supervisory institution state auxiliary organ and ombudsman recommendation}, doi={10.4108/eai.17-7-2019.2303010} }- Iga Sukma Devi
F. C. Susila Adiyanta
Nabitatus Sa'adah
Year: 2021
Implementation of Good Governance Ombudsman Recommendations
ICSTIAMI
EAI
DOI: 10.4108/eai.17-7-2019.2303010
Abstract
Ombudsman Republik Indonesia (ORI) is an institution authorized to supervise the performance of public service that cannot prosecute or impose sanctions on the reported institution, but it can recommend the institution to conduct self-correction. The nature of Ombudsman’s recommendation is not binding and cannot be forced to execute. This causes the recommendation is often being ignored by the state administrators. This paper was written using the qualitative approch with empirical juridical approach. Based on the result, it can be concluded that the implementation of Ombudsman’s recommendation has not been effective yet since it takes a long time, like what had happened in Central Java. The juridical consequence when the state administrators do not implement the commendation is that they can be given administrative and criminal sanctions. Administrative sanctions are for the reported and the boss, meanwhile the criminal ones are for anybody who inhibits Ombudsman on implementing investigation. Sanctions giving for the state administrators who do not implement the Ombudsman’s recommendation is regulated in Article Pasal 38 and 39 Constitution No 37 of 2008, Article 36 Constitution No 25 of 2009 about Public Service, Article 351 Constitution No 23 of 2014 about Local Government, Article 36 Government Regulation No 12 of 2017 about the Coaching and Supervising of the Local Government Organization.
