STUDI TENTANG INDEPENDENSI KELEMBAGAAN KOMISI OMBUDSMAN NASIONAL DALAM RANGKA PELAYANAN PUBLIK

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.