A PRELIMENARY OBSERVATION OF EAST JAVA PUBLIC SERVICE

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

unreasonable action, Unjust, oppressive, improper and discriminatory.

In Law No. 37 Year 2008 on the Ombudsman of the Republic of Indonesia is a maladministration behavior or act against the law, beyond the authority, use authority for
any purpose other than the purpose of the authority, including negligence or neglect of
legal obligations in administering public services conducted by State Officials and
governments that cause material loss and / or immaterial for the community and the
individual. Mal-offender Public administration is central and local Government
Officials, Law Enforcement Officers state / local enterprises and other State
Implementation officers.
This study aimed to conduct an initial survey examines local policy Regency /
City in the public service dispute resolution as a basis to formulate a model dispute
resolution policy of public service.
Review Literature
Today the public service is still faced with conditions not in accordance with the
needs and changes in various areas of society, nation, and state. This can be caused by
the unpreparedness to respond to the transformation of vast dimension value and the
impact of a variety of complex development problems. Meanwhile, a new order of
Indonesian society faced with the global challenges of the expectations and fueled by
advances in science, information, communications, transportation, investment, and
trade.
Conditions and rapid changes followed by a shift in values need to be addressed
wisely through operational measures to constantly and continuously in various aspects
of development to build public trust in order to realize the goal of national development.
To that end, the necessary conception of public service system that contains the values,
perceptions, and reference behavior capable of realizing human rights as mandated by
the Constitution of the Republic of Indonesia Year 1945 can be applied so that people
receive services in line with expectations and ideals of national goals. Taking into
account the above, the necessary legislation about public service.
Public service is an activity or series of activities in order to meet the needs of the
service in accordance with the rules and regulations for every citizen and resident in the
goods, services, and / or administrative services provided by public service providers.
Public service providers, hereinafter referred to as Operator is every institution of state
officials, corporations, independent agency established by undangundang for public
service activities, and other legal entities formed solely for public service activities.
Tops organizers are working unit which oversees the work unit leaders directly with one
or more work units that carry out public services. Organization public service providers,
hereinafter referred Organization. Organizers are working unit public service providers
who are in the neighborhood organizers state institutions, corporations, independent
agency established by laws of public service activities, and other legal entities formed
solely for public service activities.
Executing public services are hereinafter referred to as the Executive officers,
employees, officers, and everyone working in the hosting organization in charge of
2

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.

4. Service on public services include:

a. provision of public services by the government agencies which some or all funded
from the budget of revenues and expenditures and / or budgetary revenue and
expenditure;
b. provision of public services by a business entity founding capital partially or entirely
derived from the wealth of the country and / or regional assets separated; and
c. financing the provision of public services are not derived from 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
separated, but its availability became mission countries specified in the regulations.
5. Public services must meet the scale of activities that are based on the size of the
amount of certain fees that are used and owned networks in public service activities to
be categorized as public service providers.
The scope is further regulated in a government regulation. Administrative services
include:
a. Government administrative actions required by the state and regulated in the
legislation in order to realize personal protection, family, honor, dignity, and property of
citizens.
b. Administrative actions by non-government agencies that are required by the state and
regulated in legislation and implemented by agreement with the recipient of the service.
Research Methodology
The focus of the research is to identify the implementation of the public service dispute
resolution at the district / city governments; identifying the role of government Regency
/ City / institutions involved in public service dispute resolution at the District / City in
East Java; and identify patterns of public service dispute resolution at the District / City
in East Java. Location Research on the Public Service Commission of East Java using
primary and secondary data.
Discussion
Public service providers have an obligation to provide a means of assigning the conduct
complaint and competent in the management of complaints. These public service
providers are obliged to manage complaints from recipients of services, ombudsman
recommendations, the House of Representatives, Regional Representatives Council of
the Province, and the House of Representatives District / City is obliged to follow up
the results of the management of complaints.
As stated in Law No. 25 In 2009, the Ombudsman shall receive and process complaints

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.

The recommendation consists of recommendations related to public service

issues have been resolved KPP or some of the activities in which the KPP served as
external oversight of public services. Some recommendations related to the handling of
complaints of which recommendations for improvement of service PT KAI,
recommendations for improvement of land services, recommendations for improvement
of air transportation services, handling recommendations population problems in
Surabaya, service improvement recommendations and some other recommendations.
While it's recommendations with regard to his duties as an external supervisor, KPP
who has signed a memorandum of understanding with the admissions committee
members CPNSD police and provide recommendations to the parties associated with
the acceptance of members of the police who conducted the East Java Police and also
acceptance CPNSD East Java in 2013 as well as several other recommendations. Most
recently, in connection with a recommendation CPNSD reception in East Java in 2013,
KPP is expressly ask the central government to consistently execute the process of
receiving CPNSD in East Java in a transparent manner and not half-way in giving
authority to the regions to carry out the recruitment process.
A total of 32 cases of the public service disputes, throughout the year 2013 until today
still stuck in the Information Committee (KI) of East Java Province. Such cases can not
be processed, due to structural changes Information Commission Regulation No. 1 of
2013 on dispute settlement procedures of public information. According to the Java
Information Commission, the Information Commission Regulation No. 1 of 2013, there
is a clause which states that, in case of dispute the information registered by a court
clerk, in this case the secretary of the East Java Information Commission. While
still in process. Before the new regulation came into effect, all relative information
disputes can be resolved because it is still guided by the Information Commission
Regulation No. 2 of 2010, about the dispute settlement procedure of public information
only appoint commissioners as issuer registration disputes.
Officer or team of the Public Service Commission has always avoid
"confrontation" because it will cause resistance from the reported, but instead seek to
build harmony by building a conducive situation, in order to obtain public complaints
settlement. Verification experience in the field to various agencies reported, suggesting
that the recognition and trust agencies or public officials against the Public Service
Commission of East Java Province for example, relatively quite good, considering
almost all the complaints that requests for clarification attention and response, although
it still leaves the issue of complaints that need to be resolved ,
If the problems have been resolved complaints can be positive for the
performance assessment of the agency that has been responsive in resolving public
complaints. If there are obstacles in the resolution of public complaints are not coming
from outside of the agency or agencies the authority and ability, it is a matter for the
Public Service Commission to more objectively assess the problem and find a way out.
Although still leaves the issue in the resolution of complaints of public service, in the
province of East Java substantially awakened understanding to realize the public service
in accordance with the corridor good governance.

Model Dispute Resolution Public Services

Mediation as an approach to public service dispute resolution efforts by Cloke (2001)
has a great danger, namely the existence of our tendency to withdraw from the conflict;
accommodate and adapt to the problems being faced; expect anything from the conflict
faced; tolerate or anticipate all possibilities that occur in our lives, to engage in it
without self-reflection. He said further that while the conflict is accurately described as
a system, therefore it is necessary to improve the process of settlement in a systematic
manner, the reason is:
A conflict is seen as a system that can be addressed in various ways.
Emphasis on individual dispute resolution in an integrated settlement procedure.
The organization will respond differently to a single dispute rather than the flow of
dispute resolution.
Some procedures are naturally work better in certain types of disputes than others.
The system is required to encourage negotiations and procedures throughout the cycle
of the settlement of a conflict.
Various professionals can work successfully on the same issue from a different
perspective.
The systems approach to stimulate synergies and improve ideas
Conclusion
Settlement of disputes complaints of public service is a requirement of the government
in fulfilling the basic rights of people to obtain a good public service. The existence of
the Public Service Commission (KPP), the Public Information Commission (KIP), and
the Ombudsman is an independent institution established by the government in order to
urge people participate, monitor and report if it is found the public service less than the
maximum, disappointing and not in accordance with rules and regulations. 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 / resolve problems existing
public service disputes.
References
Peraturan Pemerintah Republik Indonesia Nomor 61 Tahun 2010 Tentang Pelaksanaan
Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi
Publik.
Peraturan Komisi Informasi Nomor 1 Tahun 2013 Tentang Prosedur Penyelesaian
Sengketa Informasi Publik.

Peraturan Daerah Provinsi Jawa Timur Nomor 8 Tahun 2011 Tentang Pelayanan Publik.
Peraturan Ombudsman Republik Indonesia Nomor : 002 Tahun 2009 Tentang Tata
Cara Pemeriksaan dan Penyelesaian Laporan.
Peraturan Mahkamah Agung Republik Indonesia Nomor 02 Tahun 2011 Tentang Tata
Cara Penyelesaian Sengketa Informasi Publik di Pengadilan.
Peraturan Menteri Dalam Negeri Republik Indonesia Nomor 35 Tahun 2010 Tentang
Pedoman Pengelolaan Pelayanan Informasi dan Dokumentasi di
Lingkungan Kementerian Dalam Negeri dan Pemerintahan Daerah.
Peraturan Komisi Informasi Nomor 1 Tahun 2010 Tentang Standar Layanan Informasi
publik.
Peraturan Pemerintah Republik Indonesia Nomor 96 Tahun 2012 Tentang Pelaksanaan
Undang-Undang Republik Indonesia Nomor 25 Tahun 2009 Tentang
Pelayanan Publik.
Undang-undang Republik Indonesia Nomor 14 Tahun 2008 Tentang Keterbukaan
Informasi Publik.
Undang-Undang Republik Indonesia Nomor 25 Tahun 2009 Tentang Pelayanan Publik.