convenors: Nationale Ombudsman & Ombudsman Republik Indonesia
coordinator: Peter de Meij, Emily van Rheenen, Junika Rajagukguk, Diah Suryaningrum
moderators: Diah Suryaningrum
speakers:
• Dr. Johanes Widijantoro, S.H., M.H. (Commissioner of the Indonesian Ombudsman) Download here
• Mr. Reinier van Zutphen (LL.M.) (Dutch Ombudsman) Download here
• Drs. Linda Reijerkerk (Director, Center for Conflict Resolution) Download here
rapporteur: Peter de Meij
objectives:
• Obtain an understanding of how the Ombudsman contributes to access to justice
• Exchange experiences and best practices of the Indonesian and Dutch Ombudsman
• Identify the added value of Fair Treatment Approach/Propartif for access to justice
description:
The Indonesian and Dutch Ombudsman offices have had a longstanding cooperation which goes back to even the start of the Indonesian Ombudsman Office. Over the last 10 years, cooperation has been ongoing through respectively a research project on Strengthening Indonesia’s Ombudsman in the Regions (SIOR,2013-2016) as facilitated by Leiden University, a project to introduce a fair treatment approach (Propartif) in Indonesia’s Ombudsman offices as facilitated by IDLO (2016-2019) and currently a project as facilitated by CILC (2020 – 2023) which aims to continue to foster the institutional relationship and further embed Propartif in the Indonesian Ombudsman Office.
Whereas both Indonesian and Dutch Ombudsman offices have a mandate to handle complaints by citizens about unfair treatment by government institutions, it has been essential to promote fair treatment, both by the Ombudsman institution itself and to other government institutions. The fair treatment approach has been applied by the Dutch Ombudsman since 2009 and with that experience it has worked with the Indonesian Ombudsman to also introduce the concept in Indonesia. A trademark of the Propartif approach is the emphasis on fairness and transparency achieved when interacting more informally with communities, based on mediation skills. This method uses an open attitude, explains the problem in depth, and is primarily polite and respectful. This makes people feel that they have been treated fairly. This also makes the government more accountable, especially in terms of handling complaints to accelerate the settlement of complaints.
Through the Fair Treatment Approach and the Ombudsman role of receiving, investigating, and resolving complaints and mediating conflicts, as well as monitoring activities, ombuds institutions represent a key pathway to enhance access to justice. They can offer an alternative to court proceedings, which may often be lengthy and costly, and help to ensure that the rights of marginalized and vulnerable groups are upheld. The links between the Ombudsman, the Fair Treatment Approach (Propartif) and Access to Justice will be presented and discussed by the panel.