Galang Asmara, - (2003) Kedudukan dan Fungsi Lembaga Ombudsman Ditinjau Dari Sistem Pemerintahan dan Sistem Perlindungan Hukum Bagi Rakyat di Indonesia. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This research is designed to (a) find out a justification of formation of ombudsman institution in Indonesia; (b) to identify the status and function of the ombudsman institution in Indonesia that is appropriate to Indonesian government system as well as to the existing legal protection system for people in Indonesia; and (c) to find an appropriate type of law prescribing the existence of ombudsman. Regarding the subject matter of this study, this research is a normative legal research. It employed several approaches i.e. conceptual, statutory and comparative ones.From this research, three things are revealed. First, the existence of the ombudsman in Indonesia possessed strong theoretical and legal basis. In theoretical terms, the ombudsman was brought into existence on the basis of good governance, rule of law and democratic principles. In juridical sense, the ombudsman was built on the basis of some legal norms concerning efforts to provide an adequate legal protection for people and control over the government. These legal norms are laid down in the 1945 Constitution 1945 and other laws. Second, the status of the National Ombudsman Institution under Presidential Decree No. 44/2000 was related to the Indonesian governmental system based on the 1945 Constitution. In administrative and organisational aspects, the ombudsman was an independent institution under the control of the President. Thus, it constituted an instrument of the government. But in functional terms, the ombudsman was independent of government or Presidential power or powers other than president's (functional independence). Third, viewed from legal protection for people, the ombudsman represented one of the legal institutions that functionally differed from other legal institution in several aspects. 1) The differences of the Ombudsman with Judiciary are: (a) the ombudsman was active in nature since besides it responded to complaints, it also reserved the right to examine legal violence or human right issues done by public officers; (b) moreover, it performed a hearing both from rechtmatigheid and doelmatigheid aspects; (c) it does not have authority to pass legal binding decision (non-legal binding decision); (d) it has no hierarchical structure as the court has; (e) the ombudsman does not act as the judge who resolved cases (dispute resolution); (f) the ombudsman not only examined legal acts (rechthandelingldecision) but also judge the real acts (feitlijke handeling/action).; 2) The differences of the Ombudsman with National Human Right Commission are: (a) Ombudsman have larger jurisdiction; (b) Ombudsman can not do dispute resolution;

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