| dc.description.abstract | This thesis took the title; The Study About Institutional
Independence The Commission Ombudsman National In The Public
Service.
The Ombudsman National commission was legacy the government
of President Abdurrahman Wahid that his existence was strengthened
through the Decision President Number 44 in 2000 about the
Ombudsman National Commission, that the task no matter what was to
carry out the supervision of the process of the public's service
by the organiser of the country. The background that was taken in
the writing of this thesis was concerning juridical legitimisation
for the existence of the Ombudsman National Commission that was
very weak that is formed was based on President's decision and the
source of funding of the Ombudsman National Commission activity
that still in the scope of the Budget of the Secretariat of the
Country. As for the problem that will be discussed was: the
position of the Ombudsman National Commission according to the
Decision President Number 44 in 2000 in the government's system
and in the supervision system in Indonesia, hindrances that were
dealt with the Ombudsman National Commission in undertaking the
function, the task, and his authority, as well as efforts that
were carried out the Ombudsman National Commission in order to
overcomes these hindrances.
To achieve a discussion in the problem that in accordance
with the aim of the writing, then was needed by the existence of a
writing method.The writing method that was used in the writing of
this thesis was, as that was revealed by Peter Mahmud Marzuki
(2005), covered four aspects that is; the problem approach, the
source of the legal material, the method, and the analysis of the
material of the collection of the legal material of law.
In Order To analyses the available problem, then the writer
analysed the fact, the foundation of the law, and the theory base,
in the Chapter 2, as the scalpel in analysing a problem.
As for his fact was gotten from the Laporan Tahunan on the
Ombudsman National Commission in 2004 and in 2005, whereas the
foundation of the law that was utilised was the Decision President
Number 44 in 2000 about the Ombudsman National Commission, as well
as the theory Base that were utilised were concerning autonomy of
the Ombudsman National Commission, the position/the hierarchy of
the country's agencies, and the existence of the Ombudsman
National Commission.
The discussions chapter, will analyse answers to the
question that emerged in the formulation of the problem.
As for results of these discussions, that is; (1) the Position of
the Ombudsman National Commission in the government's Republic of
Indonesia system, that was formed was based on President's
Decision to be as the third layered organ. Where organisationally
and functionally the Ombudsman agency was under President's
management. This was also significant, that functionally the
Ombudsman agency basically was the executive of some of
President's authorities, in this case as the control implement
against institutions or officials as well as officials that was
under President's authority, despite by the President he was given
by the position as the agency that was independent, that is freest
from the other interference of agencies. Whereas his position as
the supervision agency of the community was as the supervision
agency that was in the government environment, but in undertaking
his function of the Ombudsman Agency represented the interests of
the public (the community) to supervise the government; (2) In
undertaking the task, the function, and his authority of the
Ombudsman National Commission also was pointed in hindrances in
the implementation of his task, as for these hindrances, that is;
the hindrance that was internal and the hindrance that was
external. The hindrance that was internal in part; the form of the
institutional regulation law of the Ombudsman National Commission
that only was based on President's Decision, the source of funding
for the implementation of the activity that came from the Budget
of the Secretariat of the Country, and the overlapping impression
with available supervision agencies beforehand. Whereas the
hindrance that was external in part; the understanding of the
community that still not all that towards the Ombudsman agency,
the community's reluctance in sending the deviation that happened,
and the low level of the official's response/the related agency;
and (3) efforts that were carried out the Ombudsman National
Commission in order to overcomes hindrances that were dealt with
by him. As for efforts towards hindrances that were internal, in
part; strove for the resolution of Bill discussions of Ombudsman
Republic Of Indonesia to immediately be enacted, created a pattern
outsourcing or the source of funding of the other alternative, and
socialisation further concerning the existence of the Ombudsman
National Commission. Whereas efforts towards the hindrance that
was external were; held the Klinik Pengaduan Ombudsman in the area
especially in the area that far from the centre of the city, held
the program of the community's vigilance (Public Awareness), and
as the step for active to increase the effectiveness of the report
follow-up on the community, the Ombudsman National Commission did
monitoring against the related agency.
There were several suggestions that must be paid attention
to so that the Ombudsman National Commission could carry out his
function maximally, that is: (1) needed the existence of the
political support (political support) that came from the
legislative agency and the executive in agreeing to the Bill of
Ombudsman Republic Of Indonesia to reinforce the status of the law
and the existence of the Ombudsman National Commission; (2)
because the final product from the Ombudsman National Commission
was to take the form of the recommendation that did not mount
legally, then the Ombudsman existence became very important was
arranged in inviting the Constitution.The Ombudsman recommendation
that did not mount legally needed the very strong political base.
The Ombudsman inclusion in inviting Constitution to place the
existence of the Ombudsman recommendation philosophically (at the
same time politically) valuable high. So as despite did not mount
legally continued to be obeyed by the organiser of the Country; as
well as, (3) so that hindrances that were dealt with the Ombudsman
National Commission both that was internal and external could be
overcome then the Ombudsman National Commission must be more
active carried out the socialisation to the community as well as
the government so as the existence of the Ombudsman National
Commission received the support as well as to increasingly excist
and beneficial. | en_US |
