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All Journal Rechtenstudent Journal
Nursanty Nursanty
University of Bengkulu, Indonesia

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Journal : Rechtenstudent Journal

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Legal Legitimacy and Effectiveness of the KMPMDP Program in Preventing Maladministration Through Policy Cycle Roshe Adeltha Hendri; Jatmiko Yogopriyatno; Nursanty Nursanty
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v7i1.414

Abstract

This study analyzes the implementation of the Community Group Concerned with Maladministration (KMPMDP) program conducted by the Ombudsman of the Republic of Indonesia Bengkulu Representative using Jann and Wegrich's (2007) Policy Cycle Theory integrated with Administrative Law perspectives. The KMPMDP program represents a strategic innovation in public service oversight based on community participation that implements principles of administrative democratization and governmental accountability. Using a qualitative approach with an interpretive paradigm, this research examines how the program is implemented through five policy cycle stages while considering dimensions of legality, legitimacy, and general principles of good governance (AUPB). Data were collected through in-depth interviews with key actors, participatory observation of program activities, and documentary studies. Findings reveal that the KMPMDP program has a strong legal foundation based on Law No. 37/2008 on the Ombudsman RI and fulfills administrative law principles at each policy cycle stage. However, implementation faces technical constraints, particularly in edu-visit coordination, impacting effectiveness and efficiency as part of AUPB. The study shows a gap between formal rechtmatigheid (legal validity) and substantive doelmatigheid (effectiveness), with only 50% of planned edu-visits executed. This research contributes theoretically to participatory policy implementation studies from an administrative law perspective and provides practical recommendations for optimizing legitimate and accountable community-based oversight programs.
The Ombudsman of Indonesia’s Own-Initiative Investigations in State Administrative Law and Horizontal Accountability Riska Jenni Astriani; Jatmiko Yogopriyatno; Nursanty Nursanty
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v7i1.419

Abstract

Own Initiative Investigation (IAPS) is a constitutional authority of Indonesia's Ombudsman based on Law No. 37/2008 as a proactive public service oversight mechanism. However, its implementation remains low, including in Ombudsman RI Bengkulu Representative which has only conducted 1 IAPS since 2025 despite a 7,1% increase in maladministration cases. This study analyzes IAPS practice from an administrative law perspective as a manifestation of proactive horizontal accountability based on Mark Bovens' theory. Descriptive qualitative research with juridical-empirical approach. Data collected through in-depth interviews with 6 key informants, observations, and legal documentation studies. Analysis uses Miles & Huberman model with Bovens' public accountability framework. IAPS practice in Bengkulu Representative meets formal legality criteria but faces operational constraints in fulfilling Bovens' effective accountability criteria, particularly: (1) Independence constrained by coordination with reported institutions; (2) Transparency limited to LHI publication; (3) Evidence credibility depends on investigator competence; (4) Recommendation consequences weak due to lack of binding sanctions. Juridically, IAPS has strong constitutional legitimacy but its effectiveness is hampered by absence of administrative sanctions for institutions failing to follow up recommendations. IAPS as proactive horizontal accountability instrument requires strengthening of derivative regulations providing stronger binding power to Ombudsman recommendations, including administrative sanctions for non-compliant institutions.
Co-Authors Jatmiko Yogopriyatno Riska Jenni Astriani Roshe Adeltha Hendri