The Nature of Ombudsman Recommendations as a Legal Product in Influenceing Improving Public Services in Indonesia

Abstract

This research was conducted to answer three main problem formulations, namely; 1). What is the essence of the Ombudsman's recommendations as a legal product in influencing the improvement of public services in Indonesia? 2). What form do the Ombudsman's recommendations take as a legal product in an effort to influence public services in Indonesia? 3). How to implement recommendations. Ombudsman as a legal product can improve public services in Indonesia?

The type of research that will be used is normative legal research, using a problem approach which includes a statutory approach (Statute Approach), a conceptual approach (Conceptual Approach) and a case approach (Case Approach).

The results obtained are that the Ombudsman Recommendation is one of the legal products used as the final step (ultimum remidium) in resolving maladministration and improving public services in Indonesia, by the Ombudsman. The juridical basis for the Ombudsman's recommendations as a legal product is contained in the Ombudsman Law and also the Public Services Law, which are two laws that form the basis for the Ombudsman in issuing recommendations. Apart from that, there are several derivatives of related laws and regulations which further regulate the technicalities of making recommendations. However, in practice, these recommendations are often seen as mere suggestions that have no compelling power. This causes a low level of compliance with the Ombudsman's recommendations, even though legally these recommendations are binding and must be implemented in accordance with the Ombudsman Law and the Public Service Law. The Ombudsman's recommendations are designed to include suggestions, corrective actions, and investigation results that support improving the quality of public services.

This form of recommendation is certainly very effective and aims to provide concrete solutions to maladministration problems in various sectors in order to create good governance and improve better public services. However, their effectiveness is often hampered by a lack of recognition of the legal force of the recommendations and the absence of strong direct sanctions for those who do not comply. Implementation of the Ombudsman's recommendations still faces various challenges, including a lack of legal awareness and compliance from relevant parties. Without more effective monitoring mechanisms and the authority to force implementation, these recommendations are difficult to optimize. This condition shows the need for legal reconstruction and a new approach to strengthen the role of the Ombudsman in realizing transparent, accountable and high quality public services.

Keywords: Recommendations, Ombudsman, Legal Products, Public Services

DOI: 10.7176/JLPG/146-02

Publication date: February 28^th 2025