Ombudsman needs strong legal framework: Observer<\/p>\n
JAKARTA (JP): The existence of the government-sanctioned
\nNational Ombudsman Commission needs the backing of a strong legal
\nfoundation to enable it to effectively monitor executive and
\njudicature institutions, a legal observer said on Friday.<\/p>\n
Jimly Asshiddiqie of the Habibie Center stressed the
\nimportance of regulating it in the Constitution and not merely
\ndepending on presidential instruction.<\/p>\n
\"Before a law on the commission can be realized, its legal
\nbasis should be formulated in the next amendment of the
\nConstitution in an article on its legislative function,\" he told
\na one-day seminar on the ombudsman regulation in the
\nConstitution.<\/p>\n
\"By strengthening the legal basis of the ombudsman, its
\nposition will improve, thereby enabling it to be clearly related
\nwith the monitoring function of the legislature to the
\nperformance of the administration. Its existence will also
\nempower the legislative institution,\" Jimly added.<\/p>\n
The commission was established last year under Presidential
\nDecree No. 44\/2000 with the aim of supervising and monitoring the
\nservices of the executive and judicature institutions.<\/p>\n
The commission, which has the power of giving recommendations
\nto the above-mentioned institutions to change their performance,
\nreceives public complaints on losses, injustices or inappropriate
\ntreatment in their interaction with the institutions.<\/p>\n
Commission chairman Antonius Sujata, who also spoke at the
\nseminar, shared Jimly's remarks, saying that many people were
\nincreasingly depending on the commission.<\/p>\n
He said that as of Aug. 25 the commission had received 2,111
\ncomplaints and most of the recommendations regarding the cases
\nthat were sent to the institutions had been responded to well and
\nto the public's advantage.<\/p>\n
\"This fact shows that the commission cannot be dissolved
\neasily. In the eyes of the international community, an ombudsman
\nbody is considered to be an indication of a democratic country,
\nwhich upholds the people's rights and gives emphasis to the fight
\nagainst corruption.<\/p>\n
\"Should the commission be dismissed because of its weak legal
\nfoundation, it would set a bad precedence,\" he said.<\/p>\n
Antonius added that out of the 107 countries which have an
\nombudsman body, at least 50 have regulated it in their
\nconstitution.<\/p>\n
He argued that under the new legal foundation, the commission
\nwould be expected to become a supervisor for the improvement of
\nthe state's other institutions, especially in further creating
\ngood governance.<\/p>\n
\"I feel that at this time, some of these institutions,
\nincluding the police, are still reluctant to accept our
\nexistence. This shows that they are still in a corruptive and
\nnon-reformative situation,\" he added. (bby)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ombudsman-needs-strong-legal-framework-observer-1447893297",
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