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DISPUTE SETTLEMENT
Lukman Arif
Indrawati Yuhertiana
Nurhadi
UPN Veteran Jawa Timur
Abstract
Today the public service is still faced with conditions not in accordance with
the needs and changes in the various fields of social, civic, and community.
Dissapontment caused disputes that need to be resolved. This research is preliminary
observations about the dispute public services in East Java. Observations carried out in
East Java Public Service Commission.
It was concluded that these institutions are perceived to be quite effective in
accommodating various public complaints on a variety of public services to the
community layankan. However, the existence of these institutions are still not able to
resolve problems existing public service disputes.
Keywords: public service, dispute, settlement
Introduction
Public service is one of the important functions of government in addition to
distribution, regulation, and protection. The function is the actualization of real or
tangible social contract that awarded the public to the government in the context of
Principal-Agent relationship (Rawls, 1971). As executor of the social contract outlined
earlier, the government would cause many problems for the public who become clients.
It makes perfect sense if the government then got various negative stigma. Far from
being part of the solution (a part of the solution), the government would be part of the
problem (a part of the problem), even the main problem, in the process of public service
delivery (Weiss, 1995). The indication latter is not without foundation. It can be traced
from the many complaints expressed by people related to the poor performance of
public services. Services are rambling and almost bureaucratic, high costs, additional
levies, behavioral apparatus more than the official act as a public servant, discriminatory
services, and a series of other issues are gray portrait affirms or confirms the above
indication.
According to Widodo (2001: 259) Mal-administration is a practice that deviates from
ethics administration or an administrative practice that detracts from the achievement of
the purpose of the administration. While the definition of mal-administration and
Surahman According Sujata (2002: 6) is unnatural behavior (including delayed delivery
of services), disrespectful and less concerned about the problems that befall a person by
the actions of abuse of power, including the use of power arbitrarily or power used for
improper conduct, unfair, intimidating or discriminatory, and should not be based
entirely or partly on the provisions of law or fact, unreasonable, or based on
implementing the act or series of acts of public service. Society is all parties, both
citizens and residents as the individual, group, or corporation that serves as beneficiaries
of public services, either directly or indirectly. The standard of service is a measure that
is used as a reference guide service delivery and service quality assessment as a liability
and the organizers promise to the public in order to quality service, fast, easy,
affordable, and scalable. Intimation of service is a written statement that contains the
entire details of the obligations and promises contained in the standard of service. Public
service information system, hereinafter referred Information System is a series of
activities that include the storage and management of information and mechanisms for
the delivery of information from the organizer to the community and vice versa in the
form of oral, written Latin, written in braille letters, the language of images, and or the
local language, as well as presented manually or electronically.
Mediation is the settlement of disputes between the parties of public services through
aid, either by itself or through a mediator ombudsman established by the ombudsman.
Adjudication is the process of dispute settlement among the parties that public service s
disconnected by the ombudsman. Minister is the minister responsible in the field of
utilization of state apparatus. Ombudsman is a state agency that has the authority to
oversee the implementation of public service, both organized by the organizers of state
and government, including that held by state-owned enterprises, region-owned
enterprises and state-owned legal entities and private entities, and individuals who were
given the task of organizing certain public services which some or all funded from the
budget of revenues and expenditures and the state or local government budgets.
The scope of public services includes services of public goods and public services
as well as administrative services set out in the legislation. The scope includes
education, teaching, work and effort, shelter, communication and information,
environment, health, social security, energy, banking, transportation, natural resources,
tourism, and other strategic sectors. Public goods services include:
1. Procurement and distribution of public goods is carried out by government agencies
which some or all funded from the budget of revenues and expenditures and / or
budgetary revenue and expenditure;
2. Procurement and distribution of public goods undertaken by a business entity whose
founding capital partially or entirely derived from the wealth of the country and / or
regional assets are separated; and
3. Procurement and distribution of public goods whose financing is not sourced from
the budget of revenues and expenditures of state or local government budgets or
business entities founding capital partially or entirely derived from the wealth of the
country and / or regional assets are separated, but its availability becomes a mission
country perundangundangan set out in the regulations.
from the public authorities regarding the implementation of public service. Mediation
and conciliation is the method of settlement of the complaint at the request of the parties
to the dispute. The process of settlement of the complaint / dispute public service is
carried out on:
a. Public service providers who do not carry out its obligations and / or violate laranga,
and
b. Executing that provide services that are not in accordance with service standards.
According to Marshall and Ozawa, Connie in J.Pammer and Kellian (2003), that the
results of the settlement through mediation is legally negotiation recommendations to
the decision-makers who hold formal authoruty. as the director of the institution or the
public service commission.
According to the Public Information Commission (KIP) of East Java province has
received 500 filings public information dispute over the last three years ie from 2010 to
2013, of hundreds of disputes that information related to the average of the local budget.
of the process of handling disputes, most government officials are reluctant to give
information because they do not understand the law Freedom of Information, as well as
making no apparent reason.
Throughout the year 2013, the Public Service Commission (KPP) receiving 802
complaints Java community service of 29 types of public services organized by local
governments. These results were obtained from January to early December 2013. Of
these cases as much as 88% or 707 complaints have been completed and the remaining
12% or 95 complaints are still in the process of completion. Chairman KPP Java said,
cider side region, as well as performance reports KPP Part In 2013, the city of Surabaya
is still occupying the top spot in terms of complaints. A total of 627 complaints from the
city into a part that must be addressed. After Surabaya, Situbondo with 38 complaints
and Jember followed with 25 complaints, Sidoarjo with 14 complaints and also
Ponorogo with 11 complaints.
In terms of service providers, as well as performance reports KPP first half of 2013, PT
KAI highest ranks of complaints with 408 complaints. Furthermore respectively
Building and Land Management Department of Surabaya with 72 complaints, Rural /
Village with 47 complaints, BPN (Land Office) with 38 complaints and Dispenduk
Capil with 18 complaints. In connection with the complaint in question, most of the
complaints received by the LTO is a complaint submitted in the first half of 2013
sebagaimanan have been reported in the performance report several months earlier.
According to KPP Java, in the handling of complaints that have been implemented and
also functions as an external oversight of public services, KPP has issued several
important recommendations related to several matters relating to the implementation of
public services in East Java.
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