Reception of the ombudsman in Malaysia and its application in local universities as an alternative dispute resolution
Nurwafa Atikah Mohamad Bahri1, Dalila Amir2, Khairul Anuar Abdul Hadi3.
Alternative dispute resolution (ADR) has become a popular referred
medium due to inherent drawback of the litigation process. One of the
ADR methods that is being adopted by most countries worldwide is
ombudsman. In Malaysia, the first ombudsman established among
higher education institutions was the Universiti Sains Malaysia (USM)
Ombudsman Office in 2011. It is the university initiative in ensuring
good governance and improving the integrity of the university
ecosystem. In the university environment, conflicts among
stakeholders; students, staffs, administration, and public are
inevitable. The needs of having a confidential, independent, impartial,
and informal dispute resolution become an outset for ombudsman to
be established in higher education institutions. Each complaint is
valuable because it can contribute to the improvement of policies,
procedures, existing practices, and the university governance. By
applying doctrinal research methodology, this study aims to give an
overview of the ombudsman concept and how it can be tailored into an
effective dispute resolution medium in universities with special
reference to some local universities that practiced ombudsman. This
study found that university ombudsman needs to be established as most
of the existing dispute resolutions available in the universities are still
unable to cater conflicts transparently and independently of the
administrative influence like the ombudsman, despite they are resolved
by addressing both interests and concerns of the parties in general.
This study proposes that detailed and comprehensive legal provisions
of university ombudsman to be drafted as the government effort in
facilitating the strengthening of the universities management and
governance.
Affiliation:
- Universiti Teknologi MARA Cawangan Pahang, Kampus Jengka, Malaysia
- Universiti Teknologi MARA Cawangan Pahang, Kampus Jengka, Malaysia
- Universiti Teknologi MARA Cawangan Pahang, Kampus Raub, Malaysia
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