Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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Comparison of Settlement Public Service Compensation Disputes at The Administrative Court and Ombudsman Republic Indonesia

Authors
Lintang Ario Pambudi1, *, Weda Kupita1, Dwiki Oktobrian1
1Universitas Jenderal Soedirman, Purwokerto, Indonesia
*Corresponding author. Email: lintang.ario@unsoed.ac.id
Corresponding Author
Lintang Ario Pambudi
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_57How to use a DOI?
Keywords
Administrative Court; Ombudsman Republic Indonesia; Public Service Compensation
Abstract

Reports to the ombudsman regarding public services have been increasing annually. In 2022, the number of reports reached 22,197. This necessitates a review of the dispute resolution process for compensation that is swift, straightforward, and legally certain. This paper will discuss two main topics. Firstly, the process of resolving public service disputes at the Ombudsman and the Administrative Court. Secondly, the challenges faced in executing decisions related to compensation for public service losses. This research is a normative juridical study, utilizing secondary data obtained through a literature review on the resolution of public service compensation disputes and products issued by the competent institution. It employs the statute approach, conceptual approach, and comparative approach. The research indicates that the ombudsman has a faster and simpler dispute resolution mechanism, but the Administrative Court offers more legal certainty. A significant challenge in executing decisions is that neither institution has a specialized execution body. Thus, execution is based on self-respect and heavily relies on the public service provider responsible for the maladministration. Suggestions that can be given are to establish a separate execution institution that specifically handles the execution of administrative decisions.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_57How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Lintang Ario Pambudi
AU  - Weda Kupita
AU  - Dwiki Oktobrian
PY  - 2023
DA  - 2023/12/21
TI  - Comparison of Settlement Public Service Compensation Disputes at The Administrative Court and Ombudsman Republic Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 624
EP  - 636
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_57
DO  - 10.2991/978-2-38476-164-7_57
ID  - Pambudi2023
ER  -