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Law passed to strengthen public services watchdog

Source
Jakarta Post - September 10, 2008

Erwida Maulia, Jakarta – The House of Representatives on Tuesday passed a long-awaited bill aimed at strengthening the authority of the National Ombudsman Commission (KON) in its supervision of public services at state institutions.

The new Ombudsman Law will provide a stronger legal basis for the commission to carry out its job, said Gayus Lumbuun, a member of the House's Commission III for legal affairs and human rights.

"Basically, there is no change between the makeup of the 2000 presidential regulation on the KON and that of the new law. The law is just more stoutly binding," he told The Jakarta Post.

The commission was established under a 2000 regulation issued by then President Abdurrahman "Gus Dur" Wahid. The KON is tasked with addressing public services complaints filed by state officials at legislative, executive or judicial institutions.

The KON may recommend sanctions be imposed on institutions it deems negligent.

Critics have long said the commission is toothless. A Ombudsman bill submitted to the House in 2002 was earlier expected to grant the KON greater authority.

Gayus said the commission was never intended to be a legal force.

"It is the KON's job to accommodate people's complaints and make recommendations to sanction guilty officers. We hope all state institutions will be committed to enforcing the recommendations.

"In fact, the Ombudsman Law indirectly requires commitment from these institutions," Gayus said.

Commission III deputy head Aziz Syamsuddin said the KON had been established to help fight corruption, collusion and nepotism, while improving the protection of the public's civil right to good public services.

"Supervising the government and the mechanisms of state services is a crucial factor in creating a good, clean and efficient governance. Supervision is also a principle of democracy," he was quoted by Antara.

Aziz said the law detailed the KON's functions and authorities, including on handling complaints, as well as on mediation and conciliation.

Law and Human Rights Minister Andi Matalatta said the KON would help fight bureaucratic corruption by involving communities.

The new law will help the commission strengthen its influence and thus the quality of its supervision of various public institutions, he said.

The new law also exempts KON members from charges of failing to uphold public services. Azis said this ensured the members could effectively carry out their duties.

"KON (members) cannot be caught, detained, interrogated, prosecuted, or sued in court," Azis said.

According to a KON survey displayed on its web site, 38 percent of respondents say the commission is not effective, 28 percent say it is effective, 23 percent say it is moderately effective and 9 percent have never heard of the commission.

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