Why Ombudsman Investigation Findings Can Be Used as Reference in Court Proceedings

Jakarta — Findings from the Indonesian Ombudsman (ORI) in several cases have been known to serve as reference material in court proceedings.

Adrianus Meliala, an Ombudsman member during 2016–2021, stated that every report handled by the Ombudsman goes through a systematic examination process before producing official conclusions.

According to Adrianus, inspections are typically conducted after the Ombudsman receives complaints from the public or discovers alleged maladministration through media reports or surprise inspections (sidak).

During the examination phase, the Ombudsman can take various steps, ranging from direct field verification to summoning parties involved in the case.

The results of the examination are then documented in what is called the Final Inspection Report (LHAP).

According to Adrianus, the LHAP contains conclusions from the inspection results as well as corrective actions requested by the Ombudsman from the relevant institutions to improve public services.

“The LHAP contains several conclusions and corrective actions conveyed by the Ombudsman to the relevant parties,” he said.

Because it is compiled through an official examination process and based on data collection and statements from the parties involved, the Ombudsman’s inspection results in certain cases can become material for judicial consideration by judges.

Adrianus noted that in certain cases, judges have even explicitly referred to Ombudsman findings when deciding cases.

He assessed that this demonstrates the Ombudsman’s inspection results are increasingly viewed as credible by the judiciary.

“Where judges clearly state they are delivering acquittals after reading the Ombudsman’s findings,” said Adrianus.