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RESUME TASKS

INTRODUCTION TO ADMINISTRATIVE SCIENCE

Lecturer : Prof. Sjamsiar Sjamsuddin Indradi

RESUME TITLE:
THE PERFORMANCE OF THE OMBUDSMAN OF THE REPUBLIC OF INDONESIA IN PREVENTION

CORRUPTIVE BEHAVIOR IN THE IMPLEMENTATION OF LICENSE SERVICES

Arranged by :
Group 1

1. MUHAMMAD WILDAN : (225030100111006)

2. ACHMAD LUTFUL JUDGE : (225030100111027)

3. ARUM MELANI PRINCESS : (225030100111033)

4. LAILIN FARIDATUR ROSYDAH : (225030100111034)

5. FERLIANA DEWI : (225030100111036)

6. ALIYATUR RAHMAH : (225030107111148)

Public Administration Undergraduate Study Program

Faculty of Administrative Sciences

Brawijaya University
2022
 TABLE OF CONTENTS

TABLE OF CONTENTS ................................................ .................................................. .2

Abstract................................................. .................................................. ..........3

A Background................................................ ............................................4

1.Research methods................................................ ...............................4

2.Previous research ................................................ .......................5

B. Theoretical Framework ............................................... ...........................................5

1.Public service ................................................ ...............................5

2.Quality of Public Services ............................................... ..................5

3.Concept of Licensing Services................................................. ..................6

4.Definition of Performance ............................................... ..................................6

5.Performance Indicators ............................................... ...............................7

C. Discussion ............................................... .................................................. .......8

1.Responsiveness................................................. ............8

2.Responsibility ............................................................... ..........8

3.Accountability.............................................. ..........11

BIBLIOGRAPHY................................................ ...............................14
 Abstract

This study aims to describe the performance of the Ombudsman of the Republic
Indonesia in Preventing Corrupt Behavior in the Implementation of Licensing Services with case studies of illegal levies on

the Issuance of Usala Domicile Certificates (SKDU) It is known that the Ombudsman received reports on licensing services

related to the issuance of SKDUs, which are suspected of illegal levies on the issuance of SKDUs in every region of

Indonesia As a public service supervisory agency The Ombudsman has the authority to supervise, receive reports, follow up

and investigate every public service provider agency that is reported. For this reason, it is necessary to measure

performance to analyze the level of success of the Ombudsman with its main duties and functions in issuing SKDU. The

Ombudsman of the Republic of Indonesia has carried out several activities to prove good performance. The Ombudsman

has good responsibilities. because in carrying out their duties the performance of the Ombudsman is in accordance with

the Standard Operating Procedures. However, there are weaknesses found, such as the responsiveness of the Ombudsman

being less responsive in receiving and verifying reports by the reporter. The performance of the Ombudsman is inseparable

from the supporting factors. such as competent officers or assistants, normative support, regulation of investigative

activities, and budgets. Also the inhibiting factors are limited human resources, infrastructure, and workload. such as

competent officers or assistants, normative support, regulation of investigative activities, and budgets. Also the inhibiting

factors are limited human resources, infrastructure, and workload. such as competent officers or assistants, normative

support, regulation of investigative activities, and budgets. Also the inhibiting factors are limited human resources,

infrastructure, and workload.

A. Background
The state through the government apparatus is obliged to provide the best
service to all citizens. However, public services in Indonesia have so far been
unable to provide satisfaction to the community, such as services that are
difficult to access, convoluted procedures, unclear fees and extortion. In Law
Number 37 of 2008 it has been regulated that the Ombudsman of the
Republic of Indonesia is an institution authorized to oversee the
implementation of good public services carried out by state administrators
and the government, including those run by State-Owned Enterprises,
Regional-Owned Enterprises and Regional-Owned Enterprises . State-Owned
Legal Entities as well as private bodies or individuals who are responsible for
the implementation of certain public services whose funds are partly or wholly
sourced from the State Revenue and Expenditure Budget or the Regional
Revenue and Expenditure Budget. Of the problems handled by the
Ombudsman of the Republic of Indonesia, one of the most reported problems
by the public is the implementation of public services in the field of licensing
services, this is due to the many irregularities in the delivery of the service
itself. To prove this, it can be strengthened by the complaints received by the
Ombudsman of the Republic of Indonesia by the public regarding the highest
complaints or reporting during the last 3 years from 2015 to 2017 which
shows the agencies that were most reported one of which was the licensing
sector, which ranks in the top 3. The most widely received complaints were
about illegal fees for processing business licenses.

1. Research Methods
This research was conducted using a descriptive research method with a
qualitative approach, which is a method used in research that examines the
status of a group of people, an object, a condition, a system of thought, or a
class of events in the present. According to Denzimand Lincoln (2014: 5),
qualitative research is a type of research that uses a natural background,
which aims to explain phenomena
 What happened and was carried out by involving other methods In accordance with the

basis of the research, this research is expected to be able to analyze the problems that

will be studied and the results obtained, which are then linked to legal aspects and see

the reality of the performance of the Ombudsman of the Republic of Indonesia in

preventing illegal levies in the issuance of SKDUs.

2. Previous Research
Nurryanto & Marta 2016 Performance of the Ombudsman Representative of Riau

in 2012-2014 The results showed that the Ombudsman representative of Riau Province

as a public service monitor has carried out his duties optimally, and functionally can

perform the function of controlling public services, especially in the Riau region

(Nuriyanto & Marta, 2016) Difference. In this study measuring the Ombudsman's

performance in handling reports as a whole, while the authors only measure the

Ombudsman's performance in the field of conducting permits.

B. Theoretical Framework

1. Public Service
The definition of public service is an activity carried out by the
government for a number of people who have an activity that benefits in a
group or unit and offers satisfaction even though the result is not related to
a product physically (Pasolong, 2007: 135). Meanwhile, according to Ratminto
(2015: 5) explains that public service is a service provided to the public by the
government either in the form of public goods.
Based on several definitions according to the experts described above, it can
be concluded that public service is the provision of services carried out by public
service providers as an effort to fulfill the needs of service recipients or the
community in the form of goods, services or administration.

2. Quality of Public Services

In Sinambela (2011: 6), theoretically the purpose of public service is to
satisfy the community. To fulfill this satisfaction, the government is required
to provide excellent service as reflected in Transparency, Accountability,
Conditional, Participatory, Equal Rights, Balance of Rights and Obligations.
According to Supranto (2001: 2) a service can be said to be qualified if the
service product can meet the needs. The quality of a service plays an
important role in the effort to provide public services expected by the
community. In Sinambela (2011: 6) the government is required to provide
excellent service which is reflected in:
• Transparency

• accountability

• Conditional

• participatory

• Equal rights
• Balance of rights
• Obligation

3. Licensing Service Concept

Licensing is basically a policy instrument carried out by the government in
an effort to regulate activities that have the opportunity to cause disruption to
the public interest through the licensing mechanism, local governments can
exercise control that may be caused by social and economic activities, allocate
public goods efficiently and fairly , preventing information asymmetry, and
legal protection for ownership and activity organizers. The concept of
licensing services was put forward by Ratminto (2015: 243) that licensing
services are all forms of action taken by the government to legal communities
or that legalize ownership, rights, existence, and activities of individuals or
organizations.

4. Definition of Performance

The formulation of performance is a picture of the level of achievement of the implementation of

activities, programs, policies in realizing the goals, objectives, missions and vision of the organization

(LAN-RI in Pasalong (2007:15).

Performance is the result of work in quality and quantity achieved by an

employee in carrying out their duties according to their responsibilities
(Mangkunegara (2011: 67).
 Performance is very important to measure the success of an organization in
achieving goals that must be carried out by all elements in the organization, from
leaders to subordinates in order to achieve satisfactory performance.
Organizational performance is used to assess the extent to which the success of
the organization in achieving its goals. Therefore, it is important to assess the
ability to carry out the functions and rules that have been set.

5. Performance Indicators

Indicators are quantitative and qualitative measures that refer to the level of

achievement of the goals or objectives that have been determined by taking into

account the input, output, outcome, benefit and impact indicators. (LAN-RI in Pasolong

(2007: 177)). Then Diviyanto (2006: 50), explains several indicators used to measure the

performance of public bureaucracy, namely:

• Responsiveness
• Quality of Service
• Responsibility
• Accountability

The purpose of measuring the performance of the public sector, namely:

• To determine the level of achievement of organizational performance.

• Provide employee learning tools.

• Improve performance in the next period.
• Provide systematic consideration in decision making, rewards
and punishments.
• Motivate employees and create public accountability. (Mahmadi 2005:
14)
C. Discussion

THE PERFORMANCE OF THE OMBUDSMAN OF THE REPUBLIC OF INDONESIA IN

PREVENTING EXPOSURE IN THE ISSUANCE OF SKDU (Certificate of Business Domicile)

1. Responsiveness
Public complaints about licensing services can be reported through various means.

Either by telephone, through complaint letters and by e-mail, through the website

www.ombudsman.go.id, and by coming directly to the Ombudsman office of the Republic

of Indonesia or at the Ombudsman Office of the Provincial Representative in each region.

2. Responsibility
The definition of responsibility according to Sjamsuddin (2007: 33) is
having the authority to act, the power to control, the freedom to decide,
the ability to differentiate, behave rationally and reliably consistently and
trust in implementing internal decisions. Meanwhile, according to
Dwiyanto in Sjamsuddin (2007:34) responsibility is related to the
implementation of public organization activities in accordance with the
principles of correct administration or in accordance with organizational
policies either explicitly or implicitly. Thus, if referring to the opinion of
Sjamsuddin (2007: 34) responsibility relates to the implementation of
assessments about the standards for implementing activities whether the
standards made are appropriate for the situations and conditions faced,
and if they are appropriate, management has the responsibility to
implement these standards. In addition, this responsibility is assessed by
internal organizational factors related to the obligation to carry out the
authority received.
To carry out this responsibility within the Ombudsman of the Republic of
Indonesia in preventing illegal levies when issuing SKDU (Certificate
Domicile of Business) then a Report/Complaint Settlement Flowchart is created,
as shown in the chart below:

Explanation of the Report/Complaint Settlement Flowchart namely:

1. Reports or complaints come from the community or the Ombudsman's

initiative. If it's a public report, then registration is done by:
• Fill in complete personal data

• Contains a chronology of events

• Have submitted a report directly to the reported party or

their superiors and there is no resolution.
• The incident that occurred not past 2 years

• The identity of the reporter can be kept confidential

Registration on the Ombudsman's own initiative means that the Ombudsman is proactive in

mediating problems regarding the implementation of public services, for example: the problem

of extortion that often occurs in the issuance of SKDU (Certificate of Business Domicile).

2. After that a Selection of Reports or Complaints from the Public is carried out by means of

the Indonesian Ombudsman examining the report, if the data is incomplete then the

Indonesian Ombudsman will provide a written report to the Reporting Party. Most
 later than 30 days to complete the report, if it is later than 30 days, the reporter is deemed

to have withdrawn his report.

3. Examination Process, at this stage the Ombudsman of the Republic of Indonesia

can determine whether or not he is authorized to continue the inspection. If

authorized, the Ombudsman will:

a) Written clarification

b) Field investigation
c) Calling
d) Mediation / Conciliation, to obtain an agreement between the parties.
e) Special adjudication, relating to the settlement of compensation if it cannot be

resolved through mediation and conciliation.

f) Systemic Review, is an own initiative of the Ombudsman whose results are in the form

of recommendations or suggestions.

4. Ombudsman recommendations containing conclusions, opinions and suggestions

prepared based on the Ombudsman's investigation results and submitted to the

Reporting Party, the Reported Party and the Reported Party's superiors. Furthermore,

the Reported Party and the Reported Party's superiors are obliged to carry out or

follow up in order to improve the quality of good government administration.

5. Monitoring carried out by the Ombudsman to oversee the implementation of recommendations/

suggestions, agreements or decisions of the Ombudsman, can be in the form of: a) Completed,

if it has been carried out/followed up by the Reported Party or the Reported Party's superiors

b) Media publications or publicistic approaches, which can be carried out on the

findings of the Ombudsman's investigations and also on officials who do not

implement the Ombudsman's recommendations. Here the media can expose

even though the Ombudsman does not give an opinion.

c) The President of the Republic of Indonesia/DPR, as the party receiving the

Ombudsman's periodic reports and annual reports.

Regarding checking the completeness of community report requirements, of course this cannot

be separated from the Assistance for Receiving and Verifying Reports (PVL). This PVL assistantship

has been established at the Central Ombudsman up to

 Representative Ombudsman throughout Indonesia. The Assistant for Receiving

and Verifying Reports (PVL) will make a resume note containing a summary of the

results of material verification which will be used to determine whether the

Ombudsman will follow up on the report or not. Each step taken is written on the

Yellow Map and Information System Completion Management Report (SIMPEL). If the

report that is arranged for follow-up of the report is determined to be followed up,

then the report will be distributed to the Investigation Reports Division in accordance

with the substance reported. The substance in the Ombudsman consists of seven,

among others:

a) Investigations Division such as Defense Law and

b) Justice

c) Security
d) Insurance by DPNS and TNI

e) Economy I and Economy II Natural

f) and Human Resources

g) Transportation and Infrastructure

3. Accountability
The definition of accountability refers to the opinion of Sjamsuddin (2007: 34)
is the embodiment of the obligation to account for the success or failure of the
implementation of the vision, mission, strategy and implementation in the
institution concerned. So in essence, accountability is responsible for the
implementation of this authority to external factors, namely stakeholders or
public officials elected by the community.
Furthermore, quoting Islamy's opinion in Sjamsuddin (2007:34) reveals
that public responsibility and accountability are essentially the
professional standards of government officials when providing services to
the community. Every government apparatus must be accountable for
their actions and work effectively both to the public and to the
organization where they work, by carrying out their duties properly and
smoothly and managing them professionally.
An example of accountability in the Ombudsman of the Republic of Indonesia in

preventing illegal levies when issuing SKDU (Certificate of Business Domicile)

namely by designing the stages that must be carried out when
monitoring takes place, including:
• Submitting Recommendations

The recommendations issued by the Ombudsman are recommendations whose

benefits have been considered for both the reported party and the reporter, especially the

reported party so that in the future he will not commit maladministration again.

Consideration of expediency is carried out, so that the recommendations issued by the

Ombudsman can be implemented effectively, therefore there are several types of

Ombudsman recommendation products, namely:

1) Recommendations prepared to help resolve the complainant's

problem.
2) Recommendations suggesting the imposition of sanctions to foster a deterrent

effect.

3) Recommendations intended to prevent maladministration

from occurring.
4) Recommendations to change processes or systems that
result in poor quality of public services.
• The Reported Party carried out the Recommendation

The obligation of a public agency to carry out Ombudsman

recommendations is also emphasized in Law Article 36 paragraph (2) and (3) of

Law Number 25 of 2009, that administrators are obliged to manage complaints

originating from service recipients, ombudsman recommendations, the People's

Representative Council, the Representative Council Provincial People, and

Regency/City Regional People's Legislative Council within a certain time limit. And

administrators are obliged to follow up on the results of complaint management

as referred to in paragraph (2).

From the description above, the description of the Law emphasizes that
the Ombudsman's recommendations already have legal force that must be
implemented by a public agency. However, until now there are no
implementing regulations regarding how sanctions should be applied to the
reported party or the reported superiors regarding the non-implementation
of the ombudsman's recommendations.

• The reported party submitted an implementation report.

• Recommendations within a period of no later than 60 days.
The superior of the reported party must submit a report to the Ombudsman

regarding the implementation of the recommendations he has made along with

the results of the inspection within no later than 60 (sixty) days from the date of

receipt of the recommendations.

• Ask for information from the Reported Party or its Leader.

The Ombudsman can ask for information from the reported person or their leader

• Conduct field checks to ensure implementation of recommendations.

Conduct field checks to ensure implementation of
recommendations.
• Plenary Meeting to determine the status of Recommendation implementation.

• Publish to the mass media that do not implement the Recommendation. In the event

that the reported party and the reported superior did not carry out the

recommendations or only implemented part of the recommendations with reasons

which is unacceptable to the Ombudsman, the Ombudsman may publish

the report's superiors who do not carry out the recommendations.

• Reporting the Chairperson of the Reported Party who did not implement the Recommendations to the DPR

and the President

The Ombudsman submits a report to the DPR and the President.

• Complete and close the complaint report.

After understanding the results of the research and also reviewing several

interviews from sources related to the accountability indicators of the Ombudsman

of the Republic of Indonesia in implementing their performance to prevent illegal

levies on the issuance of SKDUs it has been effective. This is because the

performance of the Ombudsman is in accordance with the rules of accountability

which inform the public about accountability, presentation, reporting and disclosure

of all activities and activities that are their responsibility. The Ombudsman carries out

his accountability in the form of recommendations to related parties (Reported Party

and related parties) and informs the public through press conferences inviting the

mass media.
 BIBLIOGRAPHY

Putri, CP (2020).The Role and Function of the Ombudsman of the Republic of Indonesia in Effectiveness

Law enforcement. Sol Justicia, 3(2), 142-153.

Sjamsuddin, et al. (2019).Collection of Papers from IIAS Congress Participants in Singapore.

Sjamsuddin. (2007).Bureaucratic Ethics & Public Sector Accountability. Malang: YPN Agritek

Poor.