Pengawasan Ombudsman Terhadap Maladministrasi Pemenuhan Nafkah Istri Dan Anak Pasca Perceraian Bagi Pegawai Negeri Sipil

Abstract

Divorce is the breaking of the inner and outer ties between husband and wife which results in the end of the family relationship (household) between the husband and wife. Breaking a marriage due to divorce can have legal consequences for both parties. As for the legal consequences of divorce, one of which is the distribution of income that must be given by the ex-husband to his children and ex-wife. In the process of providing the living, there were allegations of maladministration committed by the competent authority. The state institution authorized to monitor suspected maladministration is the Ombudsman. The maladministration that occurs is not providing services and protracted delays carried out by the related agencies providing post-divorce livelihoods. This of course is not in accordance with the principle of public service which should provide optimal public service and not cause harm to society. As for the formulation of the problem, namely the supervision of maladministration related to providing a living for wives and children by the Indonesian Ombudsman Representative of West Sumatra and how is the dispute resolution by the Indonesian Ombudsman Representative of West Sumatra? The theory used in this paper is the theory of authority, justice and legal protection. The research method used is sociological research which is descriptive. The results showed that the supervision carried out by the Indonesian Ombudsman Representative of West Sumatra was passive because the ombudsman could only carry out his duties if there were reports from the public who were harmed due to maladministration in the process of state administration, in this case maladministration committed by officials from certain agencies. so that it causes losses to the community because these people do not get their rights after divorcing their husbands. Dispute resolution is carried out by calling the parties related to this issue, asking for clarification from the reported party and at the final stage a recommendation will be issued by the Ombudsman. However, dispute resolution is also carried out based on the agreement of the parties and is not too bound by the provisions of Law Number 37 of 2008, the path chosen is a win-win solution that is mutually beneficial for the parties but is still under the supervision of the ombudsman and ombudsman as well as providing notes for future improvements in the process of resolving the maladministration.