Regional Ombudsman as a Public Service Oversight Agency in Indonesia (Analysis of Constitutional Court of the Republic of Indonesia Decision Number 62/Puu-Viii/2010)

Abstract

This study aims to identify and analyse the recognition of Regional Ombudsman institutions in Indonesia that existed before establishing the National Ombudsman of the Republic of Indonesia. This qualitative descriptive research uses a normative juridical approach, specifically focusing on the conceptual approach, legislation, and court decisions. The research findings reveal that the enactment of Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia has sparked protests from several pre-existing regional Ombudsman institutions. This is because the Ombudsman Law regulates a prohibition on the use of the name “Ombudsman” by public service oversight agencies at the regional level, resulting in petitions for judicial review to the Constitutional Court of the Republic of Indonesia. In its verdict, the Constitutional Court declared that the state cannot monopolise the name “Ombudsman” as a public service oversight agency. The prohibition on establishing public service oversight agencies with the name “Ombudsman” other than the Ombudsman of the Republic of Indonesia, as stipulated in the a quo law, is not in line with the constitutional spirit and protections guaranteed by the Constitution. This includes the right to recognition, assurance, protection, fair legal certainty, and equal treatment before the law within the government. This prohibition is also contrary to the constitutional guarantee of the right of every individual to advance themselves collectively in pursuing their rights for the betterment of society, nation, and the state.