Ombudsman, a means for good governance<\/p>\n
By Benget Simbolon Tnb.<\/p>\n
JAKARTA (JP): At a seminar here last week, a prominent speaker
\nfrom the Netherlands presented a new and distinctive idea to
\nIndonesia's fledgling democracy: having an ombudsman.<\/p>\n
The ombudsman is an institution set up to investigate
\ngovernment and government officials following the complaints of
\nmembers of the public, Marten Oosting told the seminar on the
\nfunction of a parliamentary ombudsman in a democratic state.<\/p>\n
Oosting, the national ombudsman of the Netherlands, said the
\ncentral responsibility of every ombudsman is to stand up for the
\npublic's right for good governance and a fair judicial system.<\/p>\n
\"My impression is that during my five-day stay here many
\npeople are very interested in such an idea,\" he told The Jakarta
\nPost. \"Well, it's not surprising as we've seen since the fall of
\nSoeharto a real democracy is developing here.\"<\/p>\n
Marzuki Darusman, the deputy chairman of Indonesia's National
\nCommission for Human Rights (Komnas HAM), told the Post that
\nIndonesia was still studying the idea of an ombudsman and would
\nnot establish such an position in the foreseeable future.<\/p>\n
\"We're still on the stage of studying the idea. There are a
\nnumber of prerequisites that have yet to be fulfilled. But I
\nthink if we have to have such a system established, we will do it
\nin stages. At first, it could be an ombudsman with a limited
\nfunction of dealing only with people's security,\" Marzuki
\nexplained.<\/p>\n
He said the National Commission on Human Rights Komnas HAM
\ncould be partially functioned as an ombudsman when dealing with
\nsecurity problems.<\/p>\n
But Sunaryati Hartono, a legal expert of the Indonesian Law
\nDevelopment Agency who also spoke at the seminar, underlined the
\nurgency of appointing an ombudsman in Indonesia.<\/p>\n
\"We've seen that it is very difficult for ordinary people to
\nget access to the authorities in having their rights recognized,\"
\nhe told the seminar organized by the Ministry of Justice and the
\nIndonesian Law Development Agency.<\/p>\n
It has been a public secret here that people have to bribe
\nofficials to get their identity cards or land certificates
\nproperly processed, or else they would be entangled in a complex
\nweb of bureaucracy.<\/p>\n
It has also been common knowledge that breaches of justice
\noften takes place in many Indonesian courts -- when truth is
\nsilenced and money speaks. Bribery can reverse judges' decisions
\nor prosecutors' indictments as well as manipulate police reports.<\/p>\n
In short, one can bend the law to one's own benefit by
\ncolluding with the authorities and dishonest officials like what
\nhappened in Indonesia under the authoritarian rule of former
\npresident Soeharto.<\/p>\n
Government development programs, actually aimed at increasing
\nthe people's quality of life, have in many cases brought about
\nopposite results because of corruption and nepotism.<\/p>\n
In many cases, the government's development programs have even
\nharmed the people's interest in that they were forced to sell
\ntheir land at prices lower than the market prices, as in the case
\nof Kedungombo in Central Java. More than 5,000 families were
\nforced to move from their homes because the government wanted to
\nbuild a dam on their plots. The villagers received only very low
\ncompensation. Those who refused to surrender their land were
\nbranded as communists, a reference to people even worse than
\ncriminals.<\/p>\n
The absence of good governance and rampant violation of human
\nrights in the country has led to tyranny, thereby justifying the
\ncall for an institution such as ombudsman.<\/p>\n
Oosting said an ombudsman could significantly contribute to
\nhelping to create good government.<\/p>\n
The ombudsman position originated in Sweden. This kingdom
\nappointed its first ombudsman in 1809. Then it was followed by
\nFinland which appointed its own in 1919.<\/p>\n
But it was Denmark which modernized the institution in 1953
\nbefore gaining a footing all over the world.<\/p>\n
In its modern form, the ombudsman is an element in the
\ndemocratic system of checks and balances that gives priority to
\nthe interest of the general public.<\/p>\n
Now over 80 countries, in Europe, North America, Latin
\nAmerica, Africa and Asia, have established the institution of
\nombudsman, although with different names. In South Africa, for
\nexample, it is called the People's Protector. In Spain as El
\nDefensor de Pueblo (the Defender of the Public).<\/p>\n
In September 1995, the European Union established its first
\nsupranational ombudsman in the world to protect the public
\ninterests from European Union authorities.<\/p>\n
\"I think that is an impressive development,\" Oosting told the
\nPost.<\/p>\n
In Southeast Asia, Vietnam, Cambodia, and Thailand are in a
\nprocess of forming ones. What about Indonesia?. Is it going to
\nestablish one?.<\/p>\n
History has shown that no government can stunt the public
\naspirations forever. It can only do so temporarily, before it is
\nfinally toppled by its own people. A recent living example was
\nthe fall of Soeharto who had to step down from the presidency in
\nthe wake of students' demonstrations and public pressures last
\nyear.<\/p>\n
The post-Soeharto era seems to give birth to true democracy
\nthat has been long expected by the public, particularly by those
\nwho had been oppressed during his 32-year rule.<\/p>\n
Understandable, therefore, that pressures from the general
\npublic are mounting for Indonesia to have a good governance and
\nto truly enforce law to all layers of the society so that it can
\nprotect the interest of the people. An establishment of ombudsman
\nmay help the people to achieve their long-dreamt goal.<\/p>\n
The writer is a journalist.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/ombudsman-a-means-for-good-governance-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }