Ombudsman Under Scrutiny: Are Commissioners Really Above the Law?

JAKARTA — Legal protections for commissioners under the Indonesian Ombudsman Law (UU Ombudsman Republik Indonesia/ORI) are intended to preserve the independence of the institution in overseeing public service delivery.

Adrianus Meliala, a member of the Ombudsman of the Republic of Indonesia during the 2016–2021 period, stated that the law does indeed provide certain protections to commissioners whilst carrying out their supervisory duties.

According to Adrianus, Article 10 of the Ombudsman Law stipulates that the Ombudsman cannot be arrested, detained, interrogated, prosecuted, or sued in court regarding the execution of their duties and authority.

However, he emphasised that this protection does not mean Ombudsman commissioners are immune from the law.

For instance, when commissioners issue findings from investigations or take corrective action against particular agencies, they remain accountable.

“If it concerns my work and concerns why I decided A, B, or C, that is our right, that is immunity,” Adrianus told Kompas.com on Tuesday (10 March 2026).

This means, according to Adrianus, that commissioners cannot be prosecuted merely because of decisions or opinions made whilst performing their public service oversight function.

As an example, if there is suspected money flows or transactions connected to matters they are handling.

“But if money does flow subsequently, that is not immunity,” he stated.

He noted that if such a situation occurs, law enforcement authorities may still pursue legal proceedings because the matter would no longer be related to the performance of the institution’s duties.

Adrianus stressed that immunity in office cannot be used to evade legal proceedings for personal conduct.

He provided a straightforward example that an Ombudsman commissioner could still be prosecuted if they committed violations unrelated to their official duties.

“For instance, if I violate traffic laws, would I claim immunity? Of course not, because it has no connection,” Adrianus said.