Ombudsman Institution Research Articles

Comparative legal analysis of the Ombudsman institution of Kazakhstan and Turkey for compliance with international documents

The purpose of the article is to comparatively reveal the structure and activity of the ombudsman institute in Kazakhstan and Turkey and evaluate it in terms of international standards. In this context, the compliance of the ombudsman institutions of the two countries with the international documents, which regulate the status of national human rights institutions, was studied. The normative basis of their duties and powers, and international standards, will be examined, and if there are any shortcomings, they will be identified and recommendations will be made on what to do to improve them. In order to protect human rights and freedoms, the importance of the ombudsman institution in the society and its place in the state legal system was analyzed. Additionally, the status of the ombudsman institution, the order of creation and appointment to the position was studied. The requirements and duties of the ombudsmen of the two countries were shown. It was also determined that the norms of the internal legislation of the two states regarding the institution of ombudsman correspond to the principles of Paris and Vienna. In this context, proposals were made to improve internal legislation. To conduct scientific research work, the national laws were studied such as “On the Commissioner for Human Rights of the Republic of Kazakhstan” dated November 5, 2022 and the Law “On the Ombudsman Institute” of Turkey dated June 29, 2012. Result of the research work, some inconsistencies were obtained with international standards in the laws governing the activities of the ombudsman institution.

Ombudsman Dalam Peningkatan Transparansi dan Akuntabilitas Pelayanan Publik

This study discusses how the ombudsman increases transparency and accountability of public services, where the ombudsman is an institution that has the authority to oversee the implementation of public services organized by the government of State Enterprises, Regions, Private Bodies, or individuals given the task of organizing public services where the budget in its implementation comes from state finances, This research uses a qualitative method where data sources are obtained from literature sources (Literature Study) where the data obtained is analyzed and summarized and written descriptively, so that the results obtained that what the ombudsman does in increasing transparency and accountability of public services is to improve the quality of settlement of public reports, Increase Access to Public Service Complaints, Prevention of Maladministration, Acceleration and Organizational Transformation and Efforts to Expand Cooperation. The activities carried out are efforts to make public services better, transparent, and accountable. Accountable and in the last five years, public participation has increased, this indicates that the increase, this indicates that that the ombudsman institution has the trust of the community to solve public service problems and can solve public service problems and can affect changes in public services from the recommendations of the results of the Ombudsman examination. Public services from the recommendations of the results of the Ombudsman examination, but the first concern is how the ombudsman can be strengthened with the need for strengthened by the need for sanctions, where sanctions are needed to increase compliance of public institutions to implement to increase the compliance of public institutions in order to implement all the results of the ombudsman examination, both in corrective actions and recommendations. Secondly, there needs to be protection and security for victims or whistleblowers so that they can be protected from potential threats. Protection and security for victims or whistleblowers so that they can be protected from potential threats both from physical and administrative threats that can be or administrative threats that can have an impact on careers, jobs and businesses.

Towards the Establishment of Ombudsman in Malaysia: What can we learn from Sweden?

This paper analyses the establishment of the Ombudsman in Sweden by looking at its historical background, scope and effectiveness. The discussions are important to provide a best practise model to be applied by Malaysia in its efforts to establish an ombudsman. By using a qualitative approach through document analyses, the findings show that the Ombudsman Institution in Sweden is clear evidence of the country’s commitment to protecting people's rights and improving the quality of governance. The excellence of the Ombudsman Institution in Sweden largely depends on the procedures and practices of complaint management that can be adopted by other countries, mainly Malaysia.

The Tax Ombudsman Institution as a Means of Pre-Trial Settlement of Tax Disputes

The Tax Ombudsman Institution as a Means of Pre-Trial Settlement of Tax Disputes

Eksistensi Ombudsman RI Perwakilan Sumatera Barat dalam Pencegahan Maladministrasi Sebagai Bentuk Pengawasan Terhadap Penyelenggaraan Pelayanan Publik

To carry out public services and all activities carried out by state administrators, a state institution is needed that functions and is tasked with supervising the running of public services and state administrators. All forms of complaints and aspirations complained by citizens were all accommodated so that a state ombudsman institution was formed. The Ombudsman of the Republic of Indonesia itself is a state institution that oversees the implementation of public services and maladministration is included in its authority. Supervision is carried out including those carried out by BUMN, BUMD, State-Owned Legal Entities, and private bodies or individuals whose task is to carry out certain public services, all or part of whose funds come from the APBN/APBD. The data that has been obtained comes from a literature review which is then analyzed using content analysis techniques. Human behavior can be studied indirectly by researchers by observing interactions through various media sourced from online news, newspapers, textbooks, journals, and various other types of communication that can be analyzed.

Comparative analysis of institution of ombudsman in India and Sweden, focusing on the reasons for failure in India

Comparative analysis of institution of ombudsman in India and Sweden, focusing on the reasons for failure in India

Legal nature of the environmental ombudsman institution: the New Zealand experience

Legal nature of the environmental ombudsman institution: the New Zealand experience

The Role of the Ombudsman in Promoting Good Governance in Malawi: A View from Public Accountability

In Malawi, the Ombudsman is one of the governance institutions that provide oversight over other public agencies. A plethora of institutions addressing governmental accountability not only has direct implications on the separation of powers, but also raises important questions about their institutional authority, role and place in the governance mechanism. The present study endeavours to determine and contextualise the scope, role, functions and challenges of the Ombudsman institution in promoting good governance, specifically public accountability. The study adopted the mixed method of research. Using data from documents, 40 questionnaires and 6 interviews, the study finds that even though the institution faces challenges including poor funding, a lacking mandate and poor accessibility, it plays a huge role in promoting public accountability through its investigations and recommendations. The study recommends that the Ombudsman find ways to get stable funding, improve its visibility, remit, accessibility as well as relations with other oversight actors.

Türkiye İnsan Hakları Ve Eşitlik Kurumuna Yapılan Şikayet Başvurularında Kabul Edilebilirlik Koşulları

Ulusal insan hakları kurumları (UİHK), insanların temel haklarının ulusal düzeyde korunması ve geliştirilmesi için önemli mekanizmalar olarak kabul edilmektedir. 2016 yılında 6701 sayılı Kanun ile kurulan Türkiye İnsan Hakları ve Eşitlik Kurumu (TİHEK) 24.11.2017 tarihinden itibaren bazı konularda şikâyet başvurusu almaya başlamıştır. TİHEK’e ayrımcılığa maruz kalan kişiler ile ulusal önleme mekanizması çerçevesinde özgürlüklerinden yoksun bırakılan kişiler başvuru yapabilmektedir. TİHEK, insan hakları ihlallerine karşı resen araştırma yapmak, suç niteliği taşıyan eylem varsa ilgililer hakkında suç duyurusunda bulunmak, bu ihlallerin sona erdirilmesi için gerekli girişimlerde bulunmak yetkisine de sahiptir. Bu makale, TİHEK’e yapılan bireysel başvurularda kişi yönünden yetki (ratione personae), konu yönünden yetki (ratione materiae), zaman bakımından yetki (ratione temporis) ve yer bakımından yetkiye (ratione loci) ilişkin kabul edilebilirlik koşullarına odaklanmaktadır. Kabul edilirlik koşulları TİHEK kararları ışığı altında incelenmiş ve TİHEK’e başvurunun niteliği ile Kamu Denetçiliği Kurumu ve Anayasa Mahkemesinin temel hakların korunması hakkındaki başvuruların niteliği bakımından karşılaştırma yapılmıştır.

Perbandingan Penilaian Penyelenggaraan Pelayanan Publik Tahun 2021 dengan Tahun 2022

This research is used to see a comparison of the assessment of public service delivery in 2021 with 2022. This research uses descriptive qualitative research methods to explain the developed public service delivery assessment. An ombudsman institution in Indonesia assesses public service delivery called the Ombudsman RI. The results of this study found that there was indeed a comparison of the assessment of public service delivery in 2021 with 2022. First, the results of public services in 2022 will result in a Public Service Supervision Opinion, while 2021 only divides it into compliance zones. Second, the assessment method in 2022 will be more varied, ranging from interviews, data collection, and documentary evidence supporting services to observation. Interviews will be divided into service officer interviews and community interviews. If in 2021, only physical observation. Third, the locus of assessment of public service delivery in 2022 is broader than in 2021. Fourth, institutional assessments are divided into two categories: non-vertical and vertical institutions.

The Legal Institution of Financial Ombudsman as a Result of Advanced Development of Consumer Law

The Legal Institution of Financial Ombudsman as a Result of Advanced Development of Consumer Law

Peran Ombudsman RI Perwakilan Provinsi Bali Dalam Pengawasan Pelayanan Publik Di Dinas PUPR Kota Denpasar

Public services in Indonesia are often in the spotlight in society, especially in maladministration actions carried out by public service providers. Such as an increase in reports of alleged maladministration received by the Ombudsman of the Republic of Indonesia in Bali Province. Where in this report the agency that received the highest report was the Department Public Works Service in Denpasar City. With reports of alleged maladministration from the public, it is felt that there is a need for a role from an institution authorized to supervise public services, such as the Ombudsman Institute of the Republic of Indonesia. The purpose of this study is to conduct an analysis regarding the role of the Indonesian Ombudsman Representative of the Province of Bali in supervising public services at the Department Public Works Service in Denpasar City. This study uses a post-positivism approach with descriptive qualitative analysis. The results obtained are the role of the Indonesian Ombudsman Representative for the Province of Bali which is divided into 2 dimensions, namely prevention of maladministration with the sub-dimensional assessment of compliance with public service standards and community participation as well as the report completion dimension with the report completion procedure sub- dimension and the number of completed reports. The Ombudsman of the Republic of Indonesia for the Province of Bali succeeded in carrying out all of these dimensions in the supervision carried out by the Public Works and Public Housing Office of the City of Denpasar

Legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the business ombudsman council

Research article is devoted to the study of the legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the Council of the Business Ombudsman, identifying the features and characteristics of this mechanism as one of the alternative ways of resolving disputes, in particular tax disputes. It is emphasized that tax disputes cause the submission of the majority of complaints to the business ombudsman, among them the following issues: blocking of tax invoices, VAT reimbursement, restoration of tax-legal status, determination of the customs value of goods, drawing up acts based on the results of tax audits, bringing to financial responsibility for violation of tax legislation, collection of tax debt and others. It is stated that more than 57 percent of complaints submitted to the business ombudsman in Ukraine relate to tax issues. It is shown that the business ombudsman determines the procedure for submitting, taking into consideration and considering complaints from business entities, makes decisions on the consideration of complaints in accordance with the regulations of the Council and forwards them for its consideration, and the Council of the business ombudsman considers complaints, makes requests to public administration bodies regarding their taking measures to implement the recommendations of the Council.The authority of the business ombudsman to organize cooperation on the part of the relevant parties as a mediator for the peaceful settlement of issues (in the form of concluding a “peaceful settlement”), which is the subject of their dispute, has been disclosed. The main features of the business ombudsman institution in Ukraine are highlighted and it is noted that the Business Ombudsman Council is not a threat to the public administration system, but contributes to the establishment of the trust of the business environment in the public administration and in general in the state. It has been noted that the issue of consolidation of the status of the business ombudsman institution at the level of a special law and clear definition of the legal boundaries of the business ombudsman’s exercise of powers, as well as research of the best experience of legal regulation and functioning of similar institutions in foreign countries and existing legal gaps, remains relevant.

Institute of the Financial Commissioner as a tool for resolving insurance disputes

The subject of the study is the specifics of legal relations arising in the sphere of functioning of the institution of the financial commissioner as an instrument for resolving insurance disputes. Due to the fact that the novelty of the Institute of the financial Commissioner has caused sufficient activity of research interest in scientific circles over the past five years, the author of this study pays attention to certain aspects not previously studied. The object of the research is the institution of the financial commissioner as a tool for resolving insurance disputes in the context of its doctrinal understanding and legal essence. Particular attention is paid to the transformation of the method of alternative settlement of insurance disputes (in foreign legal systems) into a jurisdictional institution providing mandatory pre-trial settlement. The main conclusions reached by the author are as follows. The domestic Institute of the Financial Commissioner distorts the legal nature of the institution of the financial Ombudsman, transforming an alternative way of resolving the dispute into a stage of consideration of the appeal as a mandatory pre-trial settlement. From an effective tool for resolving an insurance dispute, forming a systematic approach to resolving standard disputes and optimizing the insurance services market as a whole, the institution of a financial commissioner has been turned into a mandatory jurisdictional stage for considering insurance disputes of a certain category. The regulatory framework governing the activities of the financial Commissioner does not include professional and functional special principles of activity. Meanwhile, it is the special functional principles that determine the legal essence of the institution of state power authorized to consider appeals in any field. The conclusion is formulated about the incomplete implementation of the requirements of Federal Law No. 123-FZ, which is confirmed by the analysis of information from open sources. The main contribution of the author to the research of the topic is the analysis of the legal nature and purpose of the institution of the financial commissioner as a tool for resolving insurance disputes. The scientific novelty lies in the substantiation of the conclusion about the transformation of the institute implemented from foreign legislation into an institute with a fundamentally different purpose and content.

Achievements and Challenges of Human Rights Protection Policy in Realizing Good Governance in Indonesia and China

The protection of human rights in public service institutions faces challenges in its effectiveness to achieve maximum protection. This is because there are many units and ranks of the bureaucracy that need to be given oversight and protection. A regional head cannot be given the entire burden of supervising the protection of human rights. This study aims to explore the policies of the Ombudsman Institute in Yogyakarta, Indonesia regarding the Protection of Human Rights, their relation to the achievements and challenges so as to realize good governance. The research is compared with the policies to protect human rights in Beijing, China. This quantitative research analyzes the legal gap from the problem of protecting human rights in work units with the principles of good general governance and the supervisory model in the institution. Finally, this research finds the effectiveness and success of the role of the Ombudsman Institute in Indonesia in protecting human rights in maintaining good governance. To address the problem of protecting human rights, the pattern of oversight by the Indonesian Ombudsman Institute uses an ideal pattern, namely extra-parliamentary synergy, parliamentary oversight, a social audit system and the use of technological facilities so that good governance is realized. Meanwhile, China still gets notes from the international world for human rights violations. Even so, reform of the Ombudsman bureaucracy in China is expected to resolve existing human rights protection issues.

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)

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.

THE NATURE AND ROLE OF ACADEMIC OMBUDSMAN AT THE POLISH HIGHER EDUCATION INSTITUTIONS

The article reports the results of a study conducted in the form of structured interviews. The goal of the study was to find out about the nature of this institution, the objectives of academic ombudsmen, the cases they deal with, their role in the academic community, in particular their role in resolving disputes at universities, and the type of methods they apply in their work. The institution of an academic ombudsman is considered to use an ADR method which is more appropriate in resolving problems and conflicts that appear at the universities, in comparison with formal procedures. The academic ombudsman takes into account important elements of the mission of universities which include respect for the other party, diversity, tolerance, and application of more inclusive and democratic methods in university governance. The introduction of ombudsman institutions at the universities is Poland is dictated not only by the necessity for more effective management and dispute resolution, but also shows a change in the attitude of the university administration towards the academic community. The need for research into the function of academic ombudsman arises from the relatively dynamic growth in the last three years in the number of academic ombudsmen as well as other institutions with similar names and goals. The emergence and significant increase in number of these institutions in the last few years at the universities in Poland raises the question of their nature and role at the universities.

Public Service innovations through the establishment of the Makassar City Ombudsman (OKM) institution

The purpose of this study is to analyze the types of Makassar City Government Public Service innovations through the establishment of the Makassar City Ombudsman (OKM) institution. This study uses research with a qualitative method approach. The key informants in this study were the Chairperson of the Makassar City Ombudsman (OKM), the Mayor of Makassar as the leader of the Regional Apparatus Organization (OPD) of the Makassar City Government, related OPDs who directly carry out public services directly to the community, the Community as service recipients and information providers to OKM, Members DPRD Makassar Commission A. The results of the study show that the innovations carried out by the Makassar City Government through the Establishment of the Makassar City Ombudsman, by looking at 3 types of innovation in the public sector through the establishment of OKM namely, and these innovations fall into 3 types, namely (1) Radical innovation, (2) Top down innovation to bottom up innovation and (3) Needs led Innovation and efficiency-led innovation.

Protecting Citizens against Bureaucratic Abuse and Maladministration

In 1975, with Decree No. 31, the Federal Military Government of Nigeria established the Public Complaints Commission as the country’s ombudsman institution. Charging it with the responsibility for protecting the citizen’s rights in the administration, Decree No. 31 was an enabling law to the 1974 report of the Public Service Review Panel instituted by the Military Government in 1974 to appraise and revamp the country’s public service. Following Nigeria’s return to democratic rule in 1999, the Commission’s establishment law became known as the Public Complaints Commission Act, CAP P37 of Laws of the Federation of Nigeria 2004, which sustains its existence and operation in the present Fourth Republic. Notwithstanding, the Commission’s performance has largely remained unsatisfactory for being unable to effectively deliver on its statutory mandate. This conceptual study, therefore, investigates the main factors accounting for the ineffectiveness of the Nigerian ombudsman institution. The study relies on qualitative data generated from secondary sources, which was analyzed using the thematic analysis technique of qualitative data analysis. The work finds that, among other issues, the lack of independence and legal capacity to punish offenders, are the key impediments to the effectiveness of the Commission. The study thus recommends, among other things, the amendment of the Commission’s establishment Act to grant the institution independence from the executive and legislative arms of the Nigerian Federal Government and confer on it punitive powers, as workable measures for repositioning the nation’s ombudsman institution for improved performance.

INSTITUTE OF MILITARY OMBUDSMAN IN NORWAY: NOVELS IN CONSTITUTIONAL AND LEGAL REGULATION

The purpose of the research. In state mechanism of some foreign countries, there is an independent organ of the Ombudsman for the Armed Forces (the so-called military ombudsman), which can be described as a link between the army and society. The military ombudsman is to perform the function of an intermediary (mediator) in military-civil relations, on the one hand, and to serve as an institutional guarantee of the observance of military personnel’s rights and interests, as well as rights and freedoms of the persons who are subjects to military conscription, on the other hand. This article performs the analysis of the legal status, tasks and activities of the Parliamentary Committee of the Ombudsman for the Armed Forces of Norway, which collectively performs the function of the military ombudsman in this country. The article is written on the basis of an analysis of the Law on the Parliamentary Committee for the Armed Forces in Norway in 2021, which replaced the Instructions for this body adopted in 1952. The authors pay special attention to novelties in regulating the status and functioning of this quasi-parliamentary structure. The results. With the adoption of special legislation on the activities of the military ombudsman in Norway, its status was also increased: if earlier its activities were regulated by a subordinate normative act, now-by the act of higher legal force. The current law expands the powers of the Parliamentary Committee for the Norwegian Armed Forces to control the legality of the activities of the military administration, increases the number of the performed functions, first of all related to international cooperation in the relevant field, and makes an attempt to more clearly distinguish between the jurisdiction of parliamentary military and civilian ombudsmen. The existence of a specialized institution of the parliamentary military ombudsman in Norway provides a higher level of control over the protection of the rights and interests of military personnel, and also contributes to a more competent approach to considering issues related to military personnel.