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2008 Assessment

Indonesia: Integrity Indicators Scorecard

Indonesia : Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	68
57	Can citizens access the reports of the ombudsman?	92

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Ombudsman of the Republic of Indonesia (d-h Komisi Ombudsman Nasional/KON). Presidential Decision No. 44, Year 2000 about National Ombudsman Commission. [ LINK ]

Peer Review Comments: Yes, there is National Ombudsman Commission in Indonesia, but it doesn't cover all parts of the public sector.

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Article 2, Presidential Regulation No. 44, Year 2000 about the National Ombudsman Commission. [ LINK ]

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: This commission just has the authority to make recommendations. It has no authority to give sanction.

References: Sinar Harapan, Bayu Wicaksono, 7 March 2003, History of the supervisor. [ LINK ].

[ LINK ], by administration, 15 February 2007, The urgency of ombudsman regulation in Indonesia Constitution, Year 1945, [ LINK ]

Peer Review Comments: Actually the political parties in Indonesia don't pay too much attention to the Ombudsman Commission because it is perceived as ineffective.

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: National Ombudsman Report, 2005. [ LINK ]

Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: This commission has four representatives to gather citizen complaint at 4 (four) provinces, while Indonesia has 33 provinces. This commission is not supported by the proper financial. This lack of support makes this commission difficult to fulfill its basic mandate.

References: Sinar Harapan, Bayu Wicaksono, 7 March, 2003, History of the supervisor, [ LINK ].

Kompas, Nur Hidayati, 30 April 2005, Supporting performance needs strong commitment, [ LINK ]

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: Sinar Harapan, Bayu Wicaksono, 7 March 2003, History of the supervisor, [ LINK ].

www.ombudsman.go.id, By administration, 15 February 2007, The urgency of ombudsman regulation in Indonesia, Indonesian Constitution, Year 1945, [ LINK ]

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

MaPPI-FHUI, Budhi Masthuri, 2008, Ombudsman in Transition of Indonesias Democracy. [ LINK ]

Peer Review Comments: At the local level, the local ombudsman commission only receives very limited funding form local government.

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: MaPPI-FHUI, Budhi Masthuri, 2008, Ombudsman in Transition of Indonesias Democracy; [ LINK ]

Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments:

References: Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

MaPPI-FHUI, Budhi Masthuri, 2008, Ombudsman in Transition of Indonesias Democracy. [ LINK ]

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: This Commission has no authority to impose penalties on offenders.

References: National Commission Ombudsman, By administration, 15 February 2007, The Urgency of Ombudsman Regulation in Indonesia, Constitution Year 1945, [ LINK ].

Alexander Priyasma, Journalist, Pikiran Rakyat, August 16 2007, in Bandung.

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments:

References: Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

Ombudsman-asahan,Shinta Maharani, September 12, 2008, Members of LOD/LOS are Established. [ LINK ]

Peer Review Comments: The commission actually very rarely reports findings to the government, or perhaps some of its reports are not published to public.

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

MaPPI-FHUI, Budhi Masthuri, 2008 , Ombudsman in transition of Indonesias Democracy; [ LINK ]

Peer Review Comments: Some ombudsman commissions at the local level act as complaint centers for citizens.

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Presidential Decision No. 44, Year 2000, about the National Ombudsman Commission. [ LINK ]

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: We can have the report on line at www.ombudsman.go.id. But there are still experience citizen have difficulty in accessing detailed report. They have to visit the office or send a letter.

References: [ LINK ], Ari Wahyudi Hertanto, 2008, Revitalization National Ombudsman Commission, [ LINK ]

Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.

Peer Review Comments: The report from the ombudsman commission is not provided broadly. A citizen who want to get the reports must visit the commission office or send a letter.

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: [ LINK ], by redactor. Some points Must be Remembered. [ LINK ]

Alexander Priyasma, Journalist, Pikiran Rakyat, August 16, 2007, in Bandung.