ANALISIS FIQH SIYASAH DUSTURIYAH TERHADAP KEWENANGAN OMBUDSMAN RI DALAM PENGAWASAN PELAYANAN PUBLIK

Abstract

Public service oversight is a key indicator of good governance, yet internal government supervision in Indonesia often falls short of public expectations of objectivity and accountability. The Indonesian Ombudsman was established as an external oversight institution to address this gap. Existing studies mostly adopt positive administrative and constitutional law perspectives, while studies of fiqh siyasah dusturiyah focus on classical institutions, leaving few that combine the two. This study examines the position and authority of the Indonesian Ombudsman in public service oversight and tests whether they can be justified through siyasah dusturiyah principles. Using qualitative normative legal research based on library research, it applies historical-comparative analysis to the Indonesian Ombudsman, wilayat al-maẓalim, and wilayat al-ḥisbah. The findings show functional similarities with both classical institutions: supervising government conduct, receiving public complaints, correcting administrative errors, and operating independently. The main difference is institutional character: the Ombudsman is an independent non-judicial institution issuing corrective actions, suggestions, and recommendations, whereas the classical institutions were judicial bodies issuing judgments. The study concludes that the Ombudsman does not contradict Islamic constitutional oversight and that its authority can be justified through siyasah dusturiyah, thereby strengthening public service oversight in Indonesia.

Keywords : Ombudsman RI, siyasah dusturiyah, Oversight institution.