Restoring the Ombudsman, Safeguarding Public Services

Oversight in the administration of government is a crucial instrument to ensure state governance runs accountably, transparently, and with integrity. Indonesia’s experience from the New Order era to the reformation period shows that weak oversight mechanisms can open space for practices of Corruption, Collusion, and Nepotism (KKN), abuse of authority, and disparities in public services. The reforms that have been rolling since 1998 have indeed brought about a more democratic and open government climate. However, democratisation does not automatically erase various governance issues. Precisely amidst the complexity of the bureaucracy and increasing public demands regarding service quality, strengthening the oversight system becomes a non-negotiable requirement. This is to ensure that the administration of government remains within the corridor of public interest and the principles of good governance. Since the reformation, the 1945 Constitution of the Republic of Indonesia has been amended four times, fundamentally changing Indonesia’s constitutional architecture. One important change was the abolition of the concept of the ‘highest state institution’, so that no institution is positioned above other institutions. All state institutions are placed in an equal position and supervise each other through a checks and balances mechanism. In this construction, the constitution becomes the highest law that regulates and limits the use of power so that government administration continues to run according to the principles of the rule of law and democracy. Montesquieu’s trias politica concept divides state power into three branches: executive, legislative, and judiciary. In the practice of modern constitutionalism, these three branches are no longer rigidly separated but interact and oversee each other through a checks and balances mechanism. In Indonesia, the strengthening of this principle has become increasingly visible post-reformation through the amendments to the 1945 Constitution, which changed the institutional structure of the state while giving birth to a number of independent institutions. The presence of these new institutions is a response to public demands for a more transparent, accountable, and democratic government. Among them are the Corruption Eradication Commission (KPK) as the vanguard of corruption eradication, the Ombudsman of the Republic of Indonesia which oversees the quality of public services, the Judicial Commission which plays a role in maintaining the honour and integrity of judges, the State Civil Apparatus Commission (KASN) as the supervisor of the ASN merit system, and various other independent institutions.