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Original Research

LEGAL PROBLEMS OF THE AUTHORITY OF THE OMBUDSMAN INSTITUTION IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA

RICKO ABDILLAH ANDANG TARUNA 1, RETNO SARASWATI 2, and NABITATUS SA'ADAH 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10205656   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1163-1175   |   Published on: 25-11-2023

Abstract

Legal Problems of the Authority of the Ombudsman Institution in the Constitutional System of the Republic of Indonesia. The purpose of this study is to analyze: What is the position of the Ombudsman of the Republic of Indonesia in the constitutional system of the Republic of Indonesia? How is the Ombudsman of the Republic of Indonesia in the authority of law enforcement in Indonesia. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The position of the Ombudsman of the Republic of Indonesia in the constitutional system of the Republic of Indonesia is that the Ombudsman is one of the additional state institutions or secondary or extra auxiliary institutions, namely state institutions formed outside the constitution in this case the 1945 Constitution. Thus, the Ombudsman answers the demands of the community for the creation of democratic principles in every administration of government through an accountable, independent, trustworthy and free from political interference. 2) The non-regulation of the Ombudsman in the constitution in this case the Constitution creates a loophole for the position of the Ombudsman in the constitutional system of the Republic of Indonesia that there is no guarantee that the Ombudsman institution as a state institution is permanent and not easily dissolved, except by amending the State Constitution of 1945. In relation to the duties and authorities of the Ombudsman, the Ombudsman's recommendations are more than ordinary advice to Government Officials or State Administrators on what should be done to improve the services complained by the community, both case-by-case and systematic. So the Ombudsman's recommendation is not a legally binding court decision, it does not mean that it can be simply ignored, because there are other binding mechanisms that protect the Ombudsman's recommendation, besides moral binding, namely political attractiveness


Keywords

Problematic, Law, Authority, Institution, Ombudsman, Constitutional System.