Implementation of Good Governance Ombudsman
Recommendations
Iga Sukma Devi
1*
, F.C. Susila Adiyanta, Nabitatus Sa’adah
{iga.sukma.dewi@gmail.com
1,
susila.adiyanta@gmail.com
2
, nabitatass@gmail.com*
3
}
Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
1
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.
Keywords: Supervisory Institution, State Auxiliary Organ, and Ombudsman
Recommendation
1 Introduction
1.1 Background
The event of the Proclamation of Indonesian Independence on August 17, 1945, was not
only a moment of Indonesian independence but at the same time became the moment of the
initiation of Indonesia as the rule of law. Regarding the principle of the rule of law adopted by
Indonesia according to Soeprapto is “the legal state of the board (verzorgingstaat).[1] When
examined the concept of the rule of law adopted by the State of Indonesia, it is more directed
to the concept of welfare-state or commonly called the welfare state where the state is obliged
to realize public welfare. This means that the state must intervene in people's lives as a step for
people's welfare.
The concept of welfare-state itself can be found in the Preamble of the Constitution of the
Republic of Indonesia 1945 paragraph IV which reads:
ICSTIAMI 2019, July 17-18, Jakarta, Indonesia
Copyright © 2021 EAI
DOI 10.4108/eai.17-7-2019.2303010