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126

Alauddin Law Development Journal (ALDEV)


Vol. 6, No. 1, 2024

THE EFFECTIVENESS OF THE INDONESIAN OMBUDSMAN


IN MANAGING THE ADMINISTRATION
DURING THE COVID-19 PANDEMIC

Nurwaqiah Ismail*, Andi Safriani, Abd. Rais Asmar


Universitas Islam Negeri Alauddin Makassar, Indonesia
*
Correspondent Email: [email protected]

Abstract
This study aims to evaluate the effectiveness of the Ombudsman in handling cases of maladministration in the
midst of the Covid-19 pandemic and identify obstacles and efforts in the handling process. Through a qualitative
approach with primary and secondary data sources, the results showed that the effectiveness of handling
maladministration by the Ombudsman of the Republic of Indonesia representing South Sulawesi decreased
during the pandemic. This was due to the adoption of the Work from Home Policy and the implementation of
the PSBB, which resulted in delays in the completion of the report. The Ombudsman took steps such as
requesting written clarification from the reported Party and opening a Covid-19 complaint post in an effort to
make it easier for the public to report suspected maladministration without having to interact directly to prevent
transmission of the virus.
Keywords: Maladministration; Ombudsman; Covid-19.

Abstrak
Penelitian ini bertujuan untuk mengevaluasi efektivitas Ombudsman dalam menangani kasus maladministrasi
di tengah pandemi Covid-19 serta mengidentifikasi hambatan dan upaya dalam proses penanganannya. Melalui
pendekatan kualitatif dengan sumber data primer dan sekunder, hasil penelitian menunjukkan bahwa efektivitas
penanganan maladministrasi oleh Ombudsman Republik Indonesia Perwakilan Sulawesi Selatan mengalami
penurunan selama pandemi. Hal ini disebabkan oleh adopsi kebijakan Work from Home dan penerapan PSBB,
yang mengakibatkan keterlambatan dalam penyelesaian laporan. Ombudsman mengambil langkah-langkah
seperti meminta klarifikasi tertulis dari terlapor serta membuka posko pengaduan Covid-19 sebagai upaya untuk
memudahkan masyarakat dalam melaporkan dugaan maladministrasi tanpa harus berinteraksi langsung demi
mencegah penularan virus.
Kata Kunci: Maladministrasi; Ombudsman; Covid-19.

This is an open access article under the CC BY-SA license.

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INTRODUCTION
Indonesia is known as a country that has a great nation because it has a vast territory consisting
of various tribes, races, religions, and cultures. This diversity of the country must be managed well, not
only in the field of politics, government, but also in terms of Public Administration in order to give birth
to good governance as a reference in carrying out services to the community (public services). In order
to provide good service, the state has an obligation to protect and prosper the people. That is, the state
is obliged to facilitate in the fulfillment of the rights of its citizens.
The government is essentially a servant to the community that performs the function of service
to the community. Clean governance and free from Collusion, corruption and nepotism (KKN) is
expected for all Indonesian citizens who live in a state of law where we know that so far there are still
people whose rights have not been fulfilled, while Public Service and law enforcement cannot be
separated from efforts to realize a democratic government to improve the welfare of the people, justice
and legal certainty, clean and transparent government (clean government and good governance).
Therefore, as one of the efforts of the government in realizing good public services, it is necessary to
establish an institution that can regulate the needs and interests of citizens both for individuals and
groups who are impartial (non-discrimination).
On March 10, 2000 the creation of new state and government institutions was established by the
government, one of which was the National Ombudsman Commission. The regulation was established
in accordance with the Presidential Decree of the Republic of Indonesia number 44 of 2000. The
establishment of the National Ombudsman Commission occurred in the era of President Abdurrahman
Wahid (Gusdur). Then further in order to improve the functions, duties, and authority of the National
Ombudsman Commission, it is necessary for the law on Ombudsman of the Republic of Indonesia as a
legal basis to be clear and strong. Finally on October 7, 2008, law of the Republic of Indonesia number
37 of 2008 on Ombudsman of the Republic of Indonesia was officially promulgated. After the
Ombudsman Law of the Republic of Indonesia was passed, which was originally in the form of the
National Ombudsman Commission was changed to the Ombudsman of the Republic of Indonesia. The
name change means that the Ombudsman is no longer a temporary state commission, but like other state
institutions, has become a permanent state body and is free from interference from other powers in
carrying out its duties and authorities or in this case is independent (independent). It is intended that in
carrying out its duties Ombudsman can be objective, transparent, and have accountability to the public.1
Cooperation between government and society is needed for the progress of a country. Especially
now that the government continues to struggle to get out of the Covid-19 pandemic. As it became known
at the beginning of 2020, the world was shaken by the outbreak of the coronavirus (Covid-19), which
has spread and infected almost all countries in the world and has a significant impact on life. Since
January 2020 the World Health Organization (WHO) announced that this Coronavirus outbreak as a
global emergency. Therefore, various policies were issued by the government to minimize the spread
of the virus. One of the policies is the implementation of Social Distancing (social restrictions) and
Physycal Distancing (maintaining a safe distance). This certainly interferes with people's activities
because they cannot interact or face to face with each other. The implementation of this policy causes

1
Andi Anas Chaerul M., “Penerapan Ajudikasi Khusus Oleh Ombudsman Republik Indonesia Terhadap Penyelenggara
Negara yang Maladministrasi”, Vol. 7 No. 1 (Juni 2020), h. 147. http://journal.uin-
alauddin.ac.id/index.php/Jurisprudentie/article/view/14601 (Diakses 07 Juni 2021).

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Vol. 6, No. 1, 2024

people who usually carry out conventional activities inevitably have to turn to online media in carrying
out daily activities. One of the impacts of this policy is that the public service sector is disrupted, such
as education, transportation, population and health began to make adjustments as a form of prevention
by implementing distance learning, limiting public transportation service routes, and eliminating direct
services.2
METHOD
The type of research used is field research, namely field research conducted through
interview methods, observation (observation) and documentation, also describes the facts that
appear in the field.
RESULT AND DISCUSSION
1. Performance of Ombudsman Of The Republic Of Indonesia Representative Of South Sulawesi In
Handling Maladministration In The Midst Of The Covid-19 Pandemic
The existence of the Ombudsman of the Republic of Indonesia as an independent state institution
that oversees the implementation of Public Services has an impact on the governance of the Indonesian
Constitutional system. This can be seen from the existence of various reports that continue to enter even
in the Covid-19 pandemic situation. Even though it means that there are still reports of alleged
maladministration by state officials which should be a good example for the community, especially in
the midst of this situation.3
Every incoming report will be handled by the Ombudsman as long as the report submitted is
included in the authority of the Ombudsman regarding acts of deviation that result in poor public
services or referred to as acts of maladministration. Prior to Covid-19, reports could be submitted to the
Ombudsman by coming directly so that the public could submit their complaints orally and consult with
the assistant for receiving and verifying reports from the Ombudsman of the Republic of Indonesia. In
addition, the report can also be submitted in writing through a letter sent to the Ombudsman of the
Republic of Indonesia or Ombudsman representative whose contents explain the chronology of the
problem. Other ways can also be through WhatsApp, phone, and Email. As stipulated in Law No. 37 of
2008. The most common form of submission is to come directly to the Ombudsman's office. But after
the Covid-19 pandemic, complaints were directly reduced and redirected to WhatsApp, phone and
Email. Corresponding researcher interview with one of the Assistant Ombudsman who said that :
“Reports of people who have entered since the Covid-19 pandemic have been made through
direct mail, WhatsApp, telephone, and E-mail. Although the direct complaint was temporarily curtailed.
So complaints are now more by mail and WhatsApp”.4
Statement A. Puji Dian Lestari as assistant receipt and verification of the report is clarified by the
following report data:

2 Satori, Djam’an dan Aan Kamariah, Metodologi Penelitian Kualitatif (Cet. I: Bandung: Alfabeta, 2008)
3 Pasamai, Syamsuddin. Metodologi Penelitian & Penulisan Karya Ilmiah Hukum Suatu Pengetahuan Praktis (Makassar:
Arus Timur, 2013)
4 A. Puji Dian Lestari, Asisten Penerimaan dan Verifikasi laporan Ombudsman RI Perwakilan Sulawesi Selatan,

Wawancara, Makassar, 7 Juni 2021.

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Table 1. Forms of submission and reports entered in 2020 at the Ombudsman of the Republic of
Indonesia representative of South Sulawesi

Shape Number Of Reports

Latter 92

Come Directly 53

WhatsApp 26

Telephone 6

Website 5

Email 3

Anothe 2

Total 187

Source: Results Of Primary Data Processing In 2021


From the table above, it is evident that the form of submission of reports by mail that dominates,
while the way to come directly is still in second place with a total of 53 reports. So, based on existing
data, it is true that the number of face-to-face forms of delivery has decreased due to restrictions to
prevent the spread of the Covid-19 virus. Meanwhile, reports of people entering during the Covid-19
pandemic from January to December 2020 there were 187 reports with various substances. For more
details can be.
2. Obstacles And Efforts In Dealing With Maladministration In The Midst Of The Covid-19 Pandemic
a. Obstacles In Dealing With Maladministration Amid The Covid-19 Pandemic
Ombudsman is one of the institutions that experience obstacles in the implementation of its duties
and authorities in the current Covid-19 pandemic conditions. The obstacles experienced by the
Ombudsman in dealing with maladministration in the midst of the Covid-19 pandemic are as follows:5
1) Implementation of PSBB
The implementation of large-scale social restrictions is one of the government's policies in
suppressing the transmission of Covid-19. This is regulated in Government Regulation Number 21 of
2020 concerning PSBB in order to accelerate the handling of Covid-19 which was signed by President
Joko Widodo on March 31, 2020. One of the areas that implement this policy is the city of Makassar.
Therefore, public services experience obstacles due to this policy, including the handling of the

5
M, Andi Anas Chaerul, “Penerapan Ajudikasi Khusus Oleh Ombudsman Republik Indonesia Terhadap Penyelenggara
Negara yang Maladministrasi”, Vol. 7 No. 1 (Juni 2020), http://journal.uin-
alauddin.ac.id/index.php/Jurisprudentie/article/view/14601 (Diakses 07 Juni 2021).

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Ombudsman in following up on allegations of reported maladministration. This is evidenced by the


researcher's interview with the Chief examination Assistant Aswiwin Sirua who said that:
“One of the main obstacles in handling maladministration in the midst of the Covid-19 pandemic
is the implementation of the PSBB where we cannot clarify directly so the clarification is in writing.
This PSBB must be implemented because this is government policy”.
2) Work From Home (WFH)
Work from Home is defined as working from home. This term is no longer a beat thing among
the public, not limited to because of the Covid-19 pandemic but this term has been around for quite
some time and is done by several professions. However, this does not necessarily apply to those who
work in the public service sector who require completing their work directly in the field. Including the
Ombudsman of the Republic of Indonesia or representatives of the Ombudsman in the process of
handling there are stages of clarification both in writing and in person and investigation.
Clarification is the right of the reportee to explain at length with reference to the legislation about
what the “accused” has done maladministration. In addition, conducting investigations is also a must
that must be carried out by the Ombudsman assistants who are given the task of examining public
complaint reports. This is as stipulated in Article 7 U No. 37 of 2008 on the Ombudsman of the Republic
of Indonesia. Investigation is a series of Investigation activities to find answers to problems of alleged
maladministration reported to the Ombudsman. This is in accordance with the statement of the Chief
examination Assistant Aswiwin Sirua who said that :
"Clarification of the reported suspected of maladministration during the Covid-19 pandemic is
carried out in writing considering that many work from home (Work From Home)”.6
b. Efforts made by the Ombudsman in dealing with maladministration in the midst of the Covid-19
pandemic
One of the efforts made by the Ombudsman in dealing with maladministration in the midst of the
Covid-19 pandemic is to open an online Covid-19 complaint Post. This is done as an effort to help the
government that has provided services to the community and involves a very large amount of State
Budget and/or regional budget. For this reason, an incentive, integrated and focused monitoring
mechanism is needed through channels that minimize physical interaction / direct contact. This Covid-
19 complaint Post is done online by filling out a form first to make it easier for the Ombudsman to input
report data. In the post the complaint found some substance related problems, social assistance
(Bansos), electricity subsidies, and Hospital Services. But the dominant is related to social assistance. 7
CONCLUSION
Based on the results of this study, it can be concluded that the effectiveness of handling
maladministration carried out by the Ombudsman of the Republic of Indonesia representative of South
Sulawesi since the Covid-19 pandemic has been reduced. Due to the presence of an inhibiting factor,
namely the implementation of large-scale social restrictions (PSBB) so that the reported parties are
working from home (Work from home) and therefore the Ombudsman of the Republic of Indonesia,
representative of South Sulawesi, takes longer than what has been previously determined in its rules for

6Aswiwin Sirua, Kepala Asisten Pemeriksaan Ombudsman RI Perwakilan Sulawesi Selatan, Wawancara, 8 Juni 2021
7A. Puji Dian Lestari, Asisten Penerimaan dan Verifikasi laporan Ombudsman RI Perwakilan Sulawesi Selatan,
Wawancara, Makassar, 7 Juni 2021.

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the completion of maladministration reports. The efforts made by the Ombudsman in dealing with
maladministration in the midst of the Covid-19 pandemic are only to ask for written clarification from
the reported Party. In addition, the Ombudsman also opened a Covid-19 complaint post in 2020 which
provides space for the public to continue to be able to report if they find suspected maladministration
without having to face to face to prevent the transmission of Covid-19.
The implication of this study is that it is expected that the handling of maladministration in the
midst of the Covid-19 pandemic by the Ombudsman must still be improved. Given the effort given is
still very minimal. For example, there are not many people at the Covid-19 online complaint Post who
know the reporting flow. So the Ombudsman needs to improve information either through pamphlets,
webinars, or virtual socialization.
REFERENCES
Nasution, S. Metode Naturalistik Kualitatif (Bandung: Tarsinto, 1996)
Pasamai, Syamsuddin. Metodologi Penelitian & Penulisan Karya Ilmiah Hukum Suatu Pengetahuan
Praktis (Makassar: Arus Timur, 2013)
Safriani, Andi. Hukum Administrasi Negara. Makassar: Alauddin University Press, 2103.
Satori, Djam’an dan Aan Kamariah, Metodologi Penelitian Kualitatif (Cet. I: Bandung: Alfabeta, 2008)
Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia
M, Andi Anas Chaerul, “Penerapan Ajudikasi Khusus Oleh Ombudsman Republik Indonesia Terhadap
Penyelenggara Negara yang Maladministrasi”, Vol. 7 No. 1 (Juni 2020), http://journal.uin-
alauddin.ac.id/index.php/Jurisprudentie/article/view/14601 (Diakses 07 Juni 2021).
Invetigasi Ombusman, https://ombudsman.go.id/artikel/r/artikel--investigasi-ombudsman (Di akases
17 Juni 2021)
Ombudsman RI Buka Posko Pengaduan Daring Covid-19,
https://ombudsman.go.id/news/r/ombudsman-ri-buka-posko-pengaduan-daring-covid-19, 10
juni 2021
Lestari, A. Puji Dian. Asisten Penerimaan dan Verifikasi laporan Ombudsman RI Perwakilan Sulawesi
Selatan, Wawancara, Makassar, 7 Juni 2021.
Sirua, Aswiwin. Kepala Asisten Pemeriksaan Ombudsman RI Perwakilan Sulawesi Selatan,
Wawancara, 8 Juni 2021

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