PERLUASAN KEWENANGAN OMBUDSMAN REPUBLIK INDONESIA DALAM PENEGAKAN PELAYANAN PUBLIK PERSPEKTIF WILAYAH AL HISBAH

Muhamad Khoerul Umam, S.H, NIM.: 22203011012 (2024) PERLUASAN KEWENANGAN OMBUDSMAN REPUBLIK INDONESIA DALAM PENEGAKAN PELAYANAN PUBLIK PERSPEKTIF WILAYAH AL HISBAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the expansion of the authority of the Ombudsman of the Republic of Indonesia in enforcing public services from the perspective of wila>yah al h{isbah . With the main problem that the Ombudsman's authority to impose sanctions only reaches the recommendation stage. Until the final decision, the Ombudsman cannot carry out execution against the perpetrators of maladministration. The Ombudsman has similarities with wila>yah al h{isbah in resolving cases committed by officials. Based on this, the author is interested in examining the enforcement of public services carried out by the Ombudsman and wila>yah al h{isbah, as well as how the expansion of the Ombudsman's authority in enforcing public services. This type of research is library research with descriptive analysis and normative juridical approach. The primary data are rules about the Ombudsman and all related rules, books, and other scientific works. Secondary data are writings by legal figures that are not directly related to the discussion. The tertiary data is the KBBI, and everything that is used in helping the writing. The theory used in this research is the theory of authority and institutional theory to answer the problems in the research. The result of the research is that the Ombudsman and wila>yah al h}isbah have similarities in exercising their authority as supervisory institutions. Both equally adhere to the principle of amr bi al ma'ruf wa al nahy 'an al munkar . This is done in order to realize the implementation of good public services, and can realize peace and order and prevent violations of human rights. The authority possessed by the Ombudsman is attribution because it comes from the Law and is mandatory to be implemented, but the authority can be expanded by the Ombudsman. First, the expansion of authority through sanctions. In this concept, if the Ombudsman's recommendations are not implemented, the Ombudsman can impose administrative sanctions. Second, the expansion of authority through litigation. In this concept, if the Ombudsman's recommendation is not implemented, it can go through litigation. This is an effort to expand the authority of the Ombudsman by giving delegated authority to the PTUN so that the sanctions given have executorial power, so as to create good public service delivery and the creation of good and clean governance in the constitutional system of the Republic of Indonesia.

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