Indonesia's National Human Rights Commission (Komnas HAM) expressed deep concerns regarding a proposed revision to Indonesia's foundational human rights legislation that threatens to fundamentally undermine independent human rights protection mechanisms.
The draft revision of Law No. 39 of 1999 on Human Rights, currently being prepared by the Ministry of Law and Human Rights, represents what many experts describe as a systematic weakening of Indonesia's primary independent human rights institution. According to Komnas HAM Chair Anis Hidayah, the proposed changes would effectively paralyze the commission's ability to fulfill its mandate.
21 problematic articles
Komnas HAM has identified at least 21 crucial articles in the draft revision that pose significant concerns for both normative standards and institutional integrity. These include Articles 1, 10, 79, 80, 83-85, 87, 100, 102-104, 109, and 127.
The most alarming provision is Article 109, which would strip Komnas HAM of four core functions that have defined its work since its establishment: Receiving and handling complaints of alleged human rights violations, conducting mediation in human rights cases, providing human rights education and outreach to the public, conducting assessments and research, except in cases involving international regulations.
The four main functions of Komnas HAM, assessment, education, monitoring, and mediation, are the heart of this institution. If these are removed, Komnas HAM's role will be paralyzed," Hidayah emphasized.
Compromising independence: Presidential control over selection
Perhaps equally troubling is Article 100, paragraph (2)b, which stipulates that the selection committee for Komnas HAM members would be appointed by the President. This represents a dramatic departure from current practice, where the selection committee is appointed by the Komnas HAM plenary session itself.
This change directly contradicts the Paris Principles, internationally recognized standards for national human rights institutions that emphasize independence from government control. If the selection committee were appointed by the President, the institutional independence of the Komnas HAM would no longer be guaranteed.
Conflict of interest
The draft revision would transfer many of Komnas HAM's authorities to the Ministry of Law and Human Rights. The ministry is part of the government apparatus, in contrast to Komnas HAM, which is a semi-independent state institution, similar to the Ombudsman. This structural flaw violates the basic principle that duty bearers (those responsible for upholding rights) should not simultaneously serve as the arbiters of whether violations have occurred. Independent oversight is essential for credible human rights protection.
Beyond reducing Komnas HAM's investigative powers, the revision would eliminate its crucial preventive functions. By removing the commission's authority to review laws and regulations and conduct public outreach, the draft would severely hamper efforts to prevent human rights violations before they occur.
What's at stake
The implications of this revision extend far beyond bureaucratic restructuring. Komnas HAM has served as the last line of defense for victims of human rights violations in Indonesia. While Komnas HAM is often criticised for being a toothless tiger, the institution provides critical independent voices in a system where government accountability mechanisms are often inadequate.
The commission's objective, as established in the original 1999 law, is "to develop conditions conducive to the implementation of human rights." This mission becomes impossible if the institution is stripped of the tools needed to fulfill it. Komnas HAM has called on the government to fundamentally reconsider the direction of this revision. The commission has prepared its own academic paper and detailed recommendations (List of Issues) that would strengthen, rather than weaken, human rights protections.
Key recommendations include:
- Maintaining and strengthening Komnas HAM's core functions in assessment, education, monitoring, and mediation
- Preserving the independence of the member selection process
- Enhancing protections for vulnerable groups, including women, children, persons with disabilities, indigenous peoples, and the elderly
- Clarifying the distinct roles of independent institutions versus government ministries in human rights protection
International implications
This revision comes at a time when human rights spaces are shrinking globally. International observers will be watching closely to see whether Indonesia, as the world's third-largest democracy, will strengthen or weaken its human rights legislation.
The Paris Principles, established by the United Nations, provide clear guidance that national human rights institutions must operate independently from government, with broad mandates and adequate powers. The proposed Indonesian revision moves in precisely the opposite direction.
For Indonesia's civil society, human rights defenders, and vulnerable populations, the stakes could not be higher. The question now is whether the Prabowo government will heed calls for genuine consultation and reform, or proceed with changes that could set back human rights protection in Indonesia by decades.