Yuriska : Jurnal Ilmiah Hukum
Vol. 18 No. 2 (2026): AGUSTUS

Independensi dan Akuntabilitas Ombudsman Republik Indonesia Berdasarkan Prinsip Checks and Balances

Dinny Wirawan Pratiwie (Universitas Widya Gama Mahakam)



Article Info

Publish Date
20 Aug 2026

Abstract

The Ombudsman of the Republic of Indonesia (ORI) is designed as an independent state auxiliary organ to oversee the administration of public services, ensuring freedom from the intervention of other branches of power. However, in practice, the legal nature of ORI's output, which is merely a "Recommendation" lacking coercive enforcement power, creates a constitutional dilemma between independence and accountability. This study aims to analyze the characteristics of the legal dilemma between ORI's functional independence and the demands for democratic accountability, as well as to reconstruct an ideal oversight model based on the principle of checks and balances. The research method applied is normative legal research utilizing both a statutory approach and a conceptual approach. The results indicate that ORI experiences a crisis of authority due to the absence of direct sanctions for institutions that ignore its recommendations. Conversely, granting direct enforcement powers risks transforming ORI into a "super body" agency, which would violate the principle of separation of powers. As a solution, this study proposes a reconstruction of indirect accountability through the optimization of inter-organizational compliance, whereby the superior of the reported institution is strictly required to execute administrative sanctions. This model preserves ORI's core identity as an independent oversight body while ensuring authoritative accountability within the constitutional system.

Copyrights © 2026






Journal Info

Abbrev

yuriska

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Yuriska : Jurnal Ilmiah Hukum which is published periodically to publish the results of research, development, study of thought or theoretical studies related to the field of law. With pISSN 2085-7616 and eISSN 2541-0962 publish twice a year in February and August ...