Indonesian Rights Group Plans Ombudsman Complaint Over Medan Administrative Service

MEDAN, SIARIN.net— The North Sumatra chapter of the National Investigation Institute (LIN) plans to file a complaint with Indonesia’s Ombudsman over what it says is a delay in the issuance of a domicile certificate for its provincial headquarters in Medan.

The group said the certificate had not been issued by Nelayan Indah subdistrict in Medan Labuhan district despite the submission of supporting documents, including a letter authorizing the use of the building signed by the person who controls the land and premises.

Rakhmat Syawal, chairman of LIN’s North Sumatra chapter, said the organization was questioning the subdistrict’s request for a land certificate or other proof of ownership as a requirement for issuing the domicile document.

Rakhmat said the administration should also consider the organization’s legal use of the building, rather than focusing solely on land ownership.

“We are not questioning the authority of the subdistrict head to verify the documents. We understand that. But if there is already a letter authorizing the use of the building from the party controlling and using the premises, we question why a land certificate is still required as the sole basis for the service,” Rakhmat said.

He called on the subdistrict administration to provide a written explanation if additional documents were required, along with the legal basis for those requirements.

“We are asking for clarity on the legal basis and on exactly what documents are required,” he said.

LIN also raised concerns over information allegedly provided by a local neighborhood official regarding Ilham Junaidi, whom the organization identified as the person controlling and using the building occupied by its North Sumatra headquarters.

Rakhmat said LIN had received information that the head of Neighborhood Unit VI in Nelayan Indah had allegedly told the subdistrict administration that the land occupied by Junaidi was still subject to a legal dispute.

He said the information may have influenced the subdistrict’s handling of the domicile certificate application.

Rakhmat called for any such information to be verified through official legal documents and court decisions rather than verbal reports or unverified allegations.

“If information about Mr. Ilham’s legal status is being used as a consideration in administrative services, it must first be verified through legal documents, not rumors or verbal information,” he said.

Rakhmat said LIN had obtained documents relating to a previous case involving Junaidi, including Medan District Court Decision No. 5/Pid.C/2018/PN Mdn.

He argued that the existence of a previous report or court case should not automatically be interpreted as meaning that an individual continues to have an unresolved legal problem.

“We have to look at the actual court decision. That is why we are asking for the information to be verified objectively,” he said.

Rakhmat said the delay in obtaining the domicile certificate had affected several administrative processes involving the organization.

These included reporting and coordination with the North Sumatra provincial Kesbangpol office, an agency responsible for political and community affairs, applying for an organizational tax identification number and opening a bank account in the organization’s name, he said.

“We need administrative certainty so the organization can operate properly. An administrative issue at the subdistrict level should not obstruct the organization’s institutional processes,” Rakhmat said.

LIN’s North Sumatra chapter plans to ask the Ombudsman’s North Sumatra representative office to examine the administrative process at Nelayan Indah subdistrict.

The organization said the complaint would focus on the clarity of the requirements, the handling of its application and whether the process could constitute maladministration, a term used in Indonesia for improper or inadequate public administration.

Rakhmat said LIN was not seeking to conclude that the subdistrict head had violated regulations before any investigation had taken place.

“We do not want to accuse the subdistrict head of wrongdoing before there is an examination. That is why we are taking this matter to the Ombudsman. Let the Ombudsman determine whether the service followed the proper procedures or involved maladministration,” he said.

LIN has also asked the subdistrict administration to explain the legal basis for requiring land ownership documents and whether a valid authorization to use the building can serve as supporting documentation for a domicile certificate.

Rakhmat said the organization hoped the matter could be resolved through administrative procedures and would not develop into a dispute between LIN and local government officials.

“We are only asking for clear, transparent and lawful administrative services,” he said. (Gus)