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People can sue govt for poor public services

Indonesians are in a better legal position to file a law suit against state and private institutions if they fail to provide adequate public services, as a result of a newly passed public service law

The Jakarta Post
JAKARTA
Wed, June 24, 2009

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People can  sue govt for  poor public services

Indonesians are in a better legal position to file a law suit against state and private institutions if they fail to provide adequate public services, as a result of a newly passed public service law.

The House of Representatives passed the bill into law Tuesday during a plenary meeting with all 10 House factions expressing their support.

Article 55 of the law states that: “If public service providers fail to perform their duty, and if because of their negligence members of the public are injured or die as a result, they are liable to criminal punishment.”

“This newly passed bill is a major breakthrough for the nation. We have not had sufficient laws specifically aimed at public services until now,” the head of the House's public service bill working committee, Sayuti Asyathri, from the National Mandate Party (PAN), told a press conference at the House in Senayan, South Jakarta.

“The new law will also allow for better efficiency and effectiveness of the administrative processes of public service,” he added.

It took four years for the House to pass the bill into law.  NGOs have criticized the House for taking so long to discuss the bill with the government.

“People need to understand the scope covered by the law is very vast. The law covers public service issues in many sectors, such as health, transportation, infrastructure, and others,” Sayuti said.

The law also stipulates that top officers from public service institutions will be issued a written warning should their institution fail to provide proper services. The officers must then resolve the issue in three months if they want to keep their job.

The salaries of public service institution officers could also be reduced should they fail to provide proper services. Private public service institutions must also resolve complaints about their services within six months or they will have their licenses revoked, according to the law.

The law also ensures that state-owned and private institutions must provide public services indiscriminately, regardless of citizens’ social status.

“Public services institutions are also obliged by the law to make an official announcement stating their full commitment to provide services in line with the agreed standards. The announcement must be clearly made to the public through an integrated nation-wide information system,” Sayuti said.

A coordinator from the People Concerned about Public Service (MP3), Sulastio, said there was

still a lot of work to do in terms of implementation.

“The scope of the law is still very unclear, especially regarding the mechanisms and standards of services,” he said. (hdt)

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