Find 3 Maladministration Of Appointment Of Regional Heads, Ombudsman Suggests Ministry Of Home Affairs To Do This

Ombudsman illustration. (Ombudsman doc)

JAKARTA - The Ombudsman found three forms of maladministration in the appointment of regional heads by the Ministry of Home Affairs (Kemendagri).

RI Ombudsman member Robert Na Endi Jaweng said the findings were a follow-up to reports from non-governmental organizations (NGOs) consisting of KontraS, Indonesia Corruption Watch (ICW), and Needdem.

"Based on all the findings and opinions summarized earlier, the Ombudsman conveyed three maladministrations," said Robert at a press conference at the Ombudsman Building, Jakarta, Tuesday, July 19.

The three forms of maladministration, said Robert, are protracted delays in responding to requests for information and complaints from complainants, procedural deviations in the appointment of acting regional heads such as the appointment of active TNI/Polri elements, and acts of ignoring legal obligations to the Constitutional Court's decision No. 67/PUU-XIX/2021 and Number 15/PUU-XX/2022.

He explained that the protracted delay, which became a form of mala-administration, was related to the Ministry of Home Affairs delaying responding to information and complaints from NGOs regarding the filling and appointment of acting regional heads, which allegedly did not take place in a transparent and participatory manner.

Based on administrative facts that have been traced, the Ombudsman is of the opinion that the Ministry of Home Affairs' actions are contrary to the provisions of Law (UU) Number 25 of 2009 concerning Public Services.

"So, not responding to requests for information or the substance of objections from the complainants, according to the Ombudsman's view, is contrary to the Public Service Law," said Robert.

Next, regarding maladministration regarding procedural irregularities in the appointment of regional heads, this is related to the appointment of acting regional heads who come from elements of active Polri/TNI members.

Robert conveyed that active members of the National Police/TNI in principle could only hold civilian positions in 10 agencies, as regulated in the Law on State Civil Apparatus (UU ASN).

Meanwhile, the appointment of the TNI or Polri to serve outside these positions must refer to the complete rules in the TNI Law and the ASN Law regarding official status.

Robert said that in appointing a regional head from an active member of the Indonesian National Police/TNI, the Ministry of Home Affairs must submit a letter of application to the agency where he is assigned.

This provision is regulated in Perpol Number 12 of 2018 concerning the Assignment of Members of the Indonesian National Police outside the Organizational Structure of the Indonesian National Police and Law 34 of 2004 concerning the TNI.

However, Robert continued, in the examination conducted by the Ombudsman against the Head of the Legal Development Agency for the TNI, it was found that in the appointment of active TNI soldiers, the TNI had never proposed a candidate for the acting regional head. In addition, he added, the TNI admitted that it was not involved in the appointment of acting regional heads.

"Usually, if there is an assignment of active soldiers, the TNI is requested and then they will coordinate," he said.

The third maladministration is related to the Ministry of Home Affairs which ignores the implementation of the Constitutional Court Decisions Number 67/PUU-XIX/2021 and Number 15/PUU-XX/2022.

In its considerations, he said, the Constitutional Court stated that the appointment of the acting regional head must be carried out democratically and have follow-up implementing regulations.

"This is a waiver of legal obligations to implement the decision," said Robert.

Based on the findings of mala-administration, the Ombudsman suggested three corrective actions that could be taken by the Ministry of Home Affairs.

First, said Robert, the Ministry of Home Affairs needs to follow up on the complaint letter and the substance of the objection from the reporting party. Second, the Ministry of Home Affairs needs to improve the appointment of acting regional heads from elements of active TNI soldiers.

Then third, the Ministry of Home Affairs is advised to prepare a proposal for the formation of government regulations related to the appointment, scope of authority, performance evaluation to the dismissal of acting regional heads.

Robert said that the Ombudsman had submitted a report on the final results and recommendations for corrective action to the Ministry of Home Affairs through the Secretary General of the Ministry of Home Affairs, Suhajar Diantoro, at the Ombudsman Office, Tuesday, July 19 morning.

Then, the Ombudsman provides an opportunity for 30 days for the Ministry of Home Affairs to follow up on these recommendations.