Essentially, the role of the state is to undertake the crucial task of protecting and ensuring the welfare of its people. Therefore, the state has an obligation to facilitate the fulfillment of every citizen’s rights. Public services that regulate principles of good governance are fundamental to the effectiveness of government functions. As outlined in Law No. 25 of 2009 on Public Services: “The state is obligated to serve every citizen and resident to meet their basic rights and needs within the framework of public services, as mandated by the 1945 Constitution of the Republic of Indonesia. Building public trust in the services provided by public service organizers is an activity that must be conducted in line with the expectations and demands of all citizens and residents for improved public services.” Both central and regional/local governments are required to provide quality services based on the principles of clean government and good governance to ensure excellent service to the community and to be free from any form of maladministration.
Article 4 of Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia defines maladministration as acts or behaviors that are illegal, exceed authority, use authority for purposes other than its intended use, including negligence or disregard of legal obligations in public service delivery that cause material and/or immaterial losses to the community and individuals. Forms of maladministration include:
- Prolonged delays
- Abuse of authority
- Procedural deviations
- Neglect of legal obligations
- Requests for bribes
- Discrimination
- Collusion and nepotism
- Lack of transparency
- Unprofessionalism
- Legal uncertainty
According to Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia (Law 37/2008), the Ombudsman of the Republic of Indonesia has the authority to oversee the delivery of public services by state and government bodies to the public. These bodies include institutions such as the judiciary, the prosecution, the police, the National Land Agency, local governments, various departmental and non-departmental agencies, state-owned enterprises, and public universities, as well as private entities and individuals whose budgets are wholly or partially sourced from the state budget (APBN/APBD). The Ombudsman of the Republic of Indonesia is an independent state institution, not organically linked to any state or government agency, and operates free from interference by other powers.
Types of Complaints to the Ombudsman RI
Complaints that can be reported to the Ombudsman RI include maladministration, corruption, collusion, nepotism, and other issues related to public service delivery. Upon receiving a report, the Ombudsman RI will conduct a thorough examination and investigation to ascertain the presence of maladministration.
Complaint Process to the Ombudsman of the Republic of Indonesia
The complaint process to the Ombudsman of the Republic of Indonesia (Ombudsman RI) can be clearly outlined as follows. The public can report suspected maladministration through various channels provided by the Ombudsman RI, either online or offline. After receiving a report, the Ombudsman RI will carry out a detailed examination and investigation to determine the existence of maladministration. This investigation process involves several stages:
- Receipt of Report
- Examination
- Investigation
- Taking Statements
- Recommendation Issuance
- Proactive Supervision
If maladministration is proven, the Ombudsman RI is authorized to issue recommendations to public service providers for improvements. These recommendations are morally binding and are expected to resolve the issues faced by the public. The role of the Ombudsman RI is crucial in ensuring good governance. With the Ombudsman RI, the public has a platform to voice complaints and aspirations related to public services. Additionally, the Ombudsman RI acts as an independent supervisor, thereby helping to prevent practices of corruption, collusion, and nepotism. Therefore, if you encounter issues with public service delivery by state and government entities, you can file complaints regarding maladministration, corruption, collusion, nepotism, and other related issues to the Ombudsman RI, either offline or online (Website) at https://ombudsman.go.id/pengaduan
If you need legal consultation, you can contact us at:
(Email): Secretary@mnllaw.co.id
Phone: 0812 9539 7825 / 0813 9894 1976