Margareth S. Aritonang, Jakarta – The National Commission on Human Rights (Komnas HAM) has formally proposed revisions to existing human rights laws, demanding that the rights body be granted stronger authority as well as immunity from legal prosecution.
According to the commission's deputy chairperson Sandrawati "Sandra" Moniaga, a strengthening of the body will allow commissioners to subpoena any witnesses to testify during any investigations into human rights abuses.
The legal immunity proposal is expected to ensure the "safety" of commissioners from any lawsuit against their statements or actions. The requests form part of a proposal to revise Law No.39/1999 on human rights.
"It's important to revise the existing law to allow us work better," Sandra told lawmakers at a hearing with the House of Representatives' legislative body (Baleg) here on Thursday.
She also emphasized the urgent need to revise Law No. 26/2000 on human rights courts in order to give a clearer time frame on the legal process of any human rights abuses.
Speaking to The Jakarta Post, Komnas HAM member Roichatul Aswidah said that at present the commission did not yet have the authority to subpoena anyone to testify in cases of rights abuses.
"The existing law stipulates that Komnas HAM can call on witnesses to give their testimony. Those who refuse to testify will be fined," she said.
According to Roichatul, the draft revision will not allow anyone to skip a summons. "The draft revision we propose will not allow this. A witness will no longer be able to avoid a subpoena because we would be able to ask the police to forcibly present them at our headquarters," Roichatul said.
Article 95 of the existing law says that Komnas HAM can ask the chief of a court to force a witness to testify. The law's explanatory section says that a witness can reject the summons and pay a fine.
In contradiction of such "weak" stipulations, Article 20 of the draft revision allows Komnas HAM, with the help of the National Police, to forcefully bring individuals to the commission to testify. The draft article would also give authority for Komnas HAM to ask respective district courts to confiscate documents from individuals as well as institutions that refused to cooperate with the commission.
In order to help the commissioners focus on their assignments, Komnas HAM proposes in Article 47 of the draft revision not to arrest or sue its members due to any of their statements or actions in public.
Responding to Komnas HAM's request, chairman of the House's Baleg, Ignatius Mulyono, said that a revision to the law on human rights was more urgent than to the law on human rights courts.
"We will prioritize [the proposed revisions to] the law on Komnas HAM [Law No.39/1999], but will hold your proposal to revise the law on crimes against humanity [Law No. 26/2000] because it's not urgent," he said.