Recently The National Ombudsman in Bali recommendation to the Mayor of Denpsar, I.B. Rai Dharmawijaya Mantra to revoke the operational permit of the new Cinema XXI because of maladministration by municipal officials.
The Ombudsman's office Bali's head Umar Ibnu Alkhatab gate a statement on Tuesday January 24, 2017: “Our recommendation were made almost a month ago, but there has been no response from the Mayor. We will soon write to the Mayor to request an explanation as to why the recommendations of the Ombudsman have not been carried out.”
Further Explanation was given by Alkhatab that once they will receive the letter of explanation from the Mayor, further recommendations will be sent for the new status requesting a joint recommendation from both Bali and Central Ombudsman by attaching the result of past deliberations on the case of Cinema XXI.
“If our letter remains unanswered, then the recommendation will have the force of law and legal consequences for the municipality if they remain unimplemented,” said Alkhatab
Made Toya, Heading the Legal Department of Municipal Government of Denpasar stated that their legal officials have already reviewed the recommendations given by Ombudsman for the revocation of Cinema XXI's operational permit located at Level 21 Mall regarding the violations of Mayoral Regulations 31 of 2016.
Toya gave an official statement on 13th January 2017: “We have finished our review of the Ombudsman’s recommendations and turned it over to the relevant departments, which in this case is the Permit Division, whose responsibility it is to provide a clarification back to the Ombudsman regarding the process and mechanism used in issuing a permit to Cinema XXI.”
Ibnu Alkhatab's response on Toya's statement was released on January 15, 2017 that they do not need any further explanations as these reasonings have already been tabled during the investigation conducted by their office in December 2016.
Ombudsman further stated that they do not need to go back and forth as no explanation or clarification is required as they need to take an action. What should be done is that Municipal Administration needs to follow their recommendation by simply seizing or revoking the permit issued for Cinema XXI. They claimed that the Administration is avoiding the law because they have something to hide. As their recommendations are pretty straight forward and clear and that is to revoke the rights and permit issued. There are no two ways about it, either you revoke it or either you don't, so if they revoke it that means they followed their recommendations if they are not going to revoke it then they should provide proper reason behind it as well.
The Ombudsman are insisting to revoke the permits for Cinema XXI in mall 21 by following the Section 351 of Law Number 23 of 2014 on Regional government or should prepare themselves for the legal consequences.