The results of the Indonesian Ombudsman’s Rapid Assessment stated that there is a potential for maladministration in the process of applying for land service registration for the first time and applications for registration of splitting land certificates.

Member of the Indonesian Ombudsman, Dadan S. Suharmawijaya, said that his party found the potential for maladministration in the form of protracted delays, not providing services and abuse of authority.

“Of the 37 files examined, only 9 files fit the timeframe specified in the SOP. There were 11% of the application files that were completed by the deadline and 76% of the application files missed the deadline,” said Dadan in his remarks at the Submission of Rapid Study Results (Rapid Assessment) related to “Services for First Time Land Registration and Splitting of Certificates at the Land Office”, Thursday (3/11/2022) at the RI Ombudsman Office, South Jakarta.

He explained, based on Regulation of the Head of the National Land Agency (Perkaban) Number 1 of 2010 the completion period for the first-time registration is 98 days, while the realization on the ground takes an average of up to 143 days for the completion process in the 2020-2022 period. As for solving services, the specified timeframe is 15 days, but the average completion time in the field reaches 37 days.

Dadan added, on the cost aspect, there are still opportunities for extortion to accelerate services. Found in several land offices involving internal land office personnel with varying amounts of fees depending on the request.

Then in the aspect of human resources (HR), the availability of human resources is not proportional to the workload that must be completed and service standard deadlines. “As a result, there was a delay in completing the service due to workload,” Dadan added.

For this reason, in this study the Indonesian Ombudsman provided three suggestions for improvement to the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Dadan mentioned, first, conducting a thorough evaluation of the implementation of Perkaban No. 1 of 2010 concerning Service Standards and Land Arrangements.

Second, improve supervision and application of reward and punishment in the administration of services at the Land Office. Third, make efforts to improve overall regulations, service operations by optimizing strategies for handling and anticipating internal and external obstacles faced by the Land Office.  

Dadan explained that the Ombudsman’s background in carrying out this study was that there were reports from the public indicating delays in land registration services. “In 2021, there were 1,612 reports related to the land sector. There were 513 reports related to first-time registration and 139 reports related to splitting of certificates in the 2017-2021 period,” he said.

This Ombudsman study took samples from 11 Land Offices namely Palembang City, Ogan Ilir Regency, Pangkal Pinang City, Tangerang City, Depok City, Bekasi Regency, Bandung City, Denpasar City, Tabanan Regency, Mando City and North Minahasa Regency.

Present at the meeting, the Inspector General of the Ministry of ATR/BPN, Sunraizal and the Director General of Title Determination and Land Registration of the Ministry of ATR/BPN, Suyus Windayana to receive the Ombudsman Study Results.

As a follow-up to the investigation into allegations of maladministration in data collection and redemption of subsidized fertilizers using Farmer’s Cards in Indonesia, Member of the Indonesian Ombudsman, Yeka Hendra Fatika revealed various findings of problems faced by farmers regarding the distribution of subsidized fertilizers, especially in the West Sumatra region at the conference press conference held in Bukittinggi, Friday (18/11/22). 

Yeka stressed that the Indonesian Ombudsman had explored in depth the problems faced by farmers as recipients of subsidized fertilizers through audiences involving farmers and farmer groups, agricultural extension workers, retail kiosks, distributors in the West Sumatra region, and HIMBARA (Bank Mandiri) simultaneously in working visit for 5 (five) days on November 14-18 2022. The Indonesian Ombudsman also collaborated with the Indonesian Ministry of Agriculture as the regulator of the Subsidized Fertilizer program and PT Pupuk Indonesia (Persero) as the operator to attend directly to hear complaints from the public as beneficiaries of the Subsidized Fertilizer program. 

Based on the results of the hearings, it was found that several things had become complaints from the people in the West Sumatra region, including:

1. Unequal distribution of Subsidized Fertilizers in various regions in West Sumatra;
2. Inequality between production costs and harvest yields, where production costs are greater than the yields obtained;
3. The amount of additional transportation costs for the distribution of Subsidized Fertilizers, especially in the Mentawai Islands and several other areas that require additional access other than land routes;
4. Discrepancies in the arrival schedule of Subsidized Fertilizers with the planting period of the farmers;
5. There is no transparency of RDKK information (Definitive Plan for Group Needs) in the field, especially at Retail Kiosks considering that what is held is still in the form of demand proposal data, not subsidized fertilizer allocation data;
6. Problems with Farmer Cards include being inactive, lost, forgetting pins or cannot be used due to the lack of information received by Farmers/Poktan;
7. The use of EDC machines as a transaction tool that is still inefficient and constrained by network/signal constraints at several locations;
8. The limited availability of NPK-type Subsidized Fertilizer allocations as an application of the results of a study by the Research and Development Unit of the Indonesian Ministry of Agriculture (Litbang Kementan) on the condition of agricultural land in Indonesia.

In addition, Yeka considers that the use of Farmer Cards in purchasing subsidized fertilizers is considered forced, as the issuance of the Letter of the Director of Fertilizers and Pesticides of the Ministry of Agriculture regarding the Distribution of Subsidized Fertilizers using Farmer Cards Number on 21 September 2022 which mandates that in the redemption of subsidized fertilizers as of 1 October 2022 it will use The Farmer Card, which was later postponed to January 1, 2023. 

This is also supported by data from Bank Mandiri, that as of October 2022 as many as 146,000 of the 372,000 target distribution of Farmer’s Cards in Padang City have not been distributed with one of the main obstacles, namely the difficulty of distributing directly to farmers. However, in 2022 distribution will be boosted again after the issuance of a Ministry of Agriculture Circular regarding the use of Farmer Cards. As of October to November 2022, 20,000 cards have been distributed. 

In addition, the validity of the data collection on subsidized fertilizer recipient farmers also needs to be a focus considering that in 2024 the Direct Fertilizer Subsidy (SLP) program will begin to be implemented. It is necessary to prepare the maturity of the program, bearing in mind that the main problem in data collection is the validity of the data.

On this matter, the Indonesian Ombudsman conducted a field test to confirm the data on the e-RDKK with the real conditions of farmers. The data collection includes:

1. Scheme for collecting data on land area and proposals for subsidized fertilizer needs by Extension Workers to Farmers/Poktan;
2. Checking the land area data on the e-RDKK refers to the statement of the farmer, the Chairperson of the Poktan, direct checking/measurements on arable land, and checking documents refers to the ownership of documents related to land tenure for planting;
3. Checking the proposed needs and the amount of NPK subsidized fertilizer redemption based on e-RDKK data with information from Farmers, Head of Poktan, Agricultural Extension;
4. Collection of information regarding Farmer Card ownership and the extent of socialization that has been carried out by the Government regarding the benefits and ease of redemption using the Farmer Card;
5. Collecting information regarding the redemption of subsidized fertilizers (Urea and NPK) is carried out independently by Farmers or collectively through Poktan or Retail Kiosks;
6. Collecting information on the redemption mechanism for subsidized fertilizers (Urea and NPK) is carried out using (i) Farmer Cards, (ii) KTP/KK, (iii) there are other mechanisms implemented by retail kiosks;
7. Farmers/Poktan hopes for the subsidized fertilizer redemption mechanism in the future.

Yeka added, if the problem with the distribution of Farmer Cards is not resolved, it will have an impact on stagnation in the implementation of the Fertilizer Direct Subsidy (SLP) program in 2024. The Ministry of Agriculture has carefully prepared data validation for recipients of subsidized fertilizers that are right on target. 

“There is only one goal of the Indonesian Ombudsman, namely in 2023 for farmers who are registered with the RDKK or have already received a Farmer’s Card, they must get subsidized fertilizer, not first come first serve,” said Yeka.

In addition, Yeka also stated that it was necessary to make policies through a bottom-up procedure related to the uniformity of the types of fertilizer distributed, so that local farmers, especially horticultural farmer groups, could propose subsidized fertilizer commodities obtained. 

Due to these conditions, the Indonesian Ombudsman is currently initiating an examination of alleged maladministration in data collection and redemption of subsidized fertilizers using Farmer’s Cards with data collection carried out in the provinces of West Java, Central Java, East Java and sampling trials in Banten, Bengkulu, Gorontalo, South Kalimantan , and finally in West Sumatra. It is hoped that a solution option will emerge from the problems in the prolonged Subsidized Fertilizer Program in the Republic.

Today, Tatarstan residents have at their disposal a number of tools for communication with authorities: the feedback portal “We decide together” based on the Federal State Information System “Unified Portal of State and Municipal Services (functions)”, GIS RT “People’s Control”, appeals through official accounts.

Each department has their own developments and practices for interacting with residents, however when monitoring responses to citizens’ messages, there are cases when the deadlines are violated by the performers or responses are not posted.

The Commissioner for Human Right in the Republic of Tatarstan held a meeting on consideration of notifications (messages) with municipal districts of Republic where we sorted out main mistakes that performs make in their work, recommend take special control over work with citizens’ messages.

The students of Kazan State Medical University of the Ministry of Health of Russia 2 topics of the cycle of lectures “Human Rights” be Head of the Department of the Office of the Commissioner.

The cycle includes lectures: “The concept and essence of human rights”, “Human rights system. National legislation, generally recognized principles and norms of international law and international treaties” and “Socio-economic rights of human  and child. Protection of the rights of disabled people.Practice, problems and prospects”.

Today’s lecture is the beginning of a cycle that are read to students within the walls of the Office of the Commissioner for Human Rights in the Republic of Tatarstan.

During the lectures, students were introduced to the human right system, legislation, principles and norms of international law, mechanisms of state protection of human and civil rights and freedoms, etc.

Classes were held not only in the form of a legal lecture, but also in the form of a discussion of the material by students.

To align with the trend of learning online in society, the CCAC launched an online course entitled “Uphold Your Integrity” in which personnel of over 30 public departments actively participated. Comprising a few modules, the course introduced the duties and code of conduct that public servants should comply with. The CCAC hopes to enable public servants to further enhance their awareness of integrity and law abidingness through self-learning.

The Ombudsman’s National Preventive Group (NPG) members made unannounced visits to orphanages No. 1 and 2.

The purpose of these preventive visits was to ensure that the rights of children of different age groups were well-provided, to eliminate the deficiencies identified during the previous visits, and to study the implementation status of the previously given recommendations, including legal awareness measures within the framework of the “Child Rights Month” announced by the Ombudsman, covering the dates of October 20 – November 20.

During the visits, the entire area of the noted above child facilities was inspected, and the current situation and documentation related to the organization of social services were examined. Individual interviews were conducted with the management of the facility, employees, and resident children to investigate treatment issues.

It was observed that overcrowding was a problem in both institutions, however, deficiencies related to medical care have been eliminated in orphanage No. 2.

Furthermore, in both institutions, awareness-raising training on child rights was held for children.

In the end, the management and employees in charge were given recommendations on how to improve conditions of detention, medical care, and documentation in the child facilities in accordance with national legislation and international documents.

On 2 November 2022, 09.00 hours, at the Centara Grand Hotel Central Plaza Ladprao in Bangkok, Mr. Somsak Suwansujarit, Chief Ombudsman of Thailand, and Ms. Jesuina Maria Ferreira Gomes, Ombudsman for Human Rights and Justice of Timor-Leste, officially signed a Memorandum of Understanding (MoU) on bilateral cooperation between the Ombudsman of Thailand and the Ombudsman for Human Rights and Justice of Timor-Leste. The MoU reflects strong intent and earnestness of both parties to collaboratively enhance efficiency and effectiveness in delivering results.

The establishment of the MoU aims at identifying areas of cooperation including complaint handling and management, exchange of knowledge and information on policies and best practices, development of capacity-building workshops and development of bilateral advocacy plans to promote good governance, etc.

This formal bilateral collaboration will lead to enhancement of the respective institutions on promoting fairness, fostering protection of people’s rights, as well as supporting Ombudsmanship development and good public governance for the benefit of the people of the two countries.

Aiming for nurturing the population with the value of “all for integrity”, the CCAC keeps on promoting integrity in every corner of society. In November, the CCAC started to co-organise interactive education drama carnivals entitled “To Grow Integrity in the Community” with some civic associations in order to encourage parents and children to uphold integrity through booth games, performance of children’s plays and interaction in writing. The CCAC hopes to join hands with civic associations to spread positive vibes of integrity in the community and nurture a social atmosphere that values integrity by co-organising integrity promotion activities.

The Ombudsman, Ms Winnie Chiu officiated at the 25^th Presentation Ceremony of The Ombudsman’s Awards today (November 16).  She presented the Grand Award of the Award for Public Organisation to the Environmental Protection Department (EPD), the Award for Public Organisation to the Agriculture, Fisheries and Conservation Department (AFCD) and the Department of Health (DH), and the Award on Mediation to the Leisure and Cultural Services Department (LCSD).  Individual awards were also given to 61 public officers.

Ms Chiu said, “The pandemic has posed unprecedented difficulties and challenges to our community.  In a fast changing environment, there are inevitable gaps in the performance of public organisations and the public’s expectation.  The Office of The Ombudsman endeavours to act as an effective channel of communication between the public and government departments/public organisations.  Through objective case analysis and exposition, we look to resolve conflicts, instigate improvements, and encourage departments/organisations to turn complaints into motivation for lifting the standard and quality of public administration.”

The recipient of the Grand Award this year, the EPD, was also a winner of the Award for Public Organisation last year.  The EPD adopted a proactive and positive attitude towards complaints and was committed to building a good public administration culture.  Upon receiving a complaint, the EPD would promptly conduct an investigation, take timely actions, explain the issue to the complainant and provide information on relevant policies, legislation and procedures.   Even if no irregularities were found in a case, the EPD would tender recommendations for improvement as far as practicable.

A third-time recipient of the Award for Public Organisation, the AFCD had been handling complaints conscientiously.  In response to The Office’s inquiries, it promptly provided clear and detailed accounts of events and the rationale behind its professional judgement, together with information on the relevant procedures, records and documents, thus enabling The Office to grasp the full picture of a case.

The DH faced challenges posed by the fifth wave of the COVID-19 pandemic in a dedicated manner.  Although an acute rise in confirmed cases had brought about many complaints and considerable work pressure to the DH, it had remained steadfast in serving the public.  As the pandemic situation eased, improvements were seen in the DH’s issuance of quarantine orders, distribution of anti-epidemic supplies and medicines, as well as its hotline service

The LCSD was presented with the Award on Mediation this year.  Adopting a pragmatic approach, the Department sought to resolve complaints promptly through mediation.  Its staff were willing to explain the issues to complainants, listened to their views so as to reach a win-win solution to the problem, and eliminate misunderstandings and disputes.

At the presentation ceremony, Ms Chiu extolled the contributions made by the public officers who won the individual awards.  She said, “While government departments/public organisations formulate policies and directives for public services, the provision of quality service relies on committed and diligent staff.  This year, 61 public officers are commended for their professional and excellent service.  They have earned the recognition of the general public, the department/public organisation concerned and my Office alike.”

A full list of the recipients of the individual awards this year, and the experiences and thoughts of some of them about receiving the awards are in Appendices I and II respectively.

The Ombudsman’s Awards Scheme was introduced in 1997.  In 1999, the Scheme was extended to honour individual public officers.  In 2018, an additional Award on Mediation for a public organisation was introduced.

Mr. Abdul Wahid Khaskheli, a retired Government Employee approached the Provincial Ombudsman Sindh, Mr. Ajaz Ali Khan with the complaint that the Chief Municipal Officer, Municipal Committee, Khairpur was not paying pension and other service dues and delaying the matter on one pretext or the other.

2.            To redress the grievance of the complainant Ombudsman Sindh issued directives to the authorities concerned to initiate enquiry in the matter. As a consequence of Ombudsman’s timely intervention the scrutiny process was expedited by the agency and entire outstanding pension and commutation dues amounting to Rs. 1,729,425/- were paid to the retired government servant.

3.           The complainant appreciated the role of the Ombudsman for taking prompt action and providing speedy justice to him.