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Angga Rosidin
Universitas Pamulang, Indonesia

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Legal and Administrative Analysis of Ombudsman’s Role in Resolving Public Service Maladministration in Indonesia Jaka Maulana; Heru Wahyudi; Angga Rosidin
LEGAL BRIEF Vol. 15 No. 2 (2026): Juni: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i2.1647

Abstract

Public service maladministration remains a significant challenge in Indonesia because it undermines citizens’ rights, weakens administrative justice, and reduces accountability in public service governance. This study aims to analyze the legal and administrative role of the Ombudsman of the Republic of Indonesia in resolving public service maladministration. The research employs a normative juridical approach complemented by qualitative administrative document analysis, using statutory regulations, scholarly literature, and institutional documents related to the Ombudsman’s authority, complaint-handling mechanisms, and institutional effectiveness. The findings show that the Ombudsman holds a strategic position as an independent external oversight institution with authority to receive complaints, examine allegations of maladministration, conduct investigations, facilitate corrective actions, and issue recommendations. Administratively, the Ombudsman functions as a complaint-resolution mechanism, an accountability forum, and a preventive institution for improving public service governance. However, its effectiveness is constrained by uneven compliance with recommendations, limited coercive enforcement, incomplete regulatory support for certain remedies, restricted institutional capacity, and variations in bureaucratic responsiveness. This study concludes that the effectiveness of the Ombudsman in resolving maladministration depends on the interaction between legal authority, administrative capacity, institutional compliance, and sustainable follow-up mechanisms
Administrative Discretion and the Risk of Abuse of Authority in Indonesian Public Administration Heru Wahyudi; Jaka Maulana; Angga Rosidin
LEGAL BRIEF Vol. 15 No. 2 (2026): Juni: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i2.1648

Abstract

Administrative discretion is essential in public administration because government officials must often respond to concrete problems, regulatory gaps, urgent situations, and administrative stagnation that cannot be fully addressed through rigid legal rules. In Indonesia, discretionary authority is formally recognized under Law Number 30 of 2014 concerning Government Administration as a lawful mechanism to maintain responsive governmental action. However, discretion also creates a risk of abuse of authority when it is exercised beyond its legal purpose, detached from public interest, or conducted without accountability and adherence to the General Principles of Good Governance. This study aims to analyze the legal position of administrative discretion in Indonesian public administration, examine its potential transformation into abuse of authority, and formulate a balanced legal and governance framework for controlling discretionary power. This research employs normative legal research supported by a conceptual public administration approach through statutory, conceptual, and analytical methods. The study finds that discretion is indispensable for adaptive governance, but its legitimacy depends on clear legal boundaries, transparent reasoning, proper documentation, effective oversight, and a precise distinction between lawful discretion and unlawful misuse of authority. This article concludes that strengthening these safeguards is necessary to support responsive, accountable, and rule-based governance in Indonesia