November 5, 2025 | 09:48 pm
TEMPO.CO, Jakarta - The Ministry of Law and Human Rights has spoken out about the plan to revise Law Number 39 of 1999 concerning Human Rights. The draft regulation is considered to weaken the National Commission on Human Rights' position (Komnas HAM).
Minister of Law and Human Rights Natalius Pigai denies allegations that the revision of the regulation is weakening Komnas HAM. "It's impossible, where did that come from? I would never weaken Komnas HAM," said Natalius on Wednesday, November 5, 2025.
According to Natalius, the revision of the Law on Human Rights does not aim to weaken Komnas HAM. He said the government is aiming to strengthen the Komnas HAM institution's position by revising the regulations.
Natalius stated that the revision of the Law on Human Rights even expands the authority of Komnas HAM. "We are adding investigative and prosecutorial powers, which are a form of strengthening," said Natalius to reporters.
Chair of Komnas HAM Anis Hidayah had previously stated that revising the Law on Human Rights could weaken the institution's position. "We assess that the revision of the Human Rights Law can be interpreted as an attempt to remove the existence of Komnas HAM from the national human rights institution," said Anis in a video statement received by Tempo on October 31, 2025.
Articles undermining the authority of Komnas HAM are listed in Article 109. In that article, Komnas HAM is no longer authorized to conduct education, research, monitoring, investigation, and mediation of alleged human rights violations.
Anis stated that Komnas HAM is no longer authorized to receive complaints of alleged human rights violations. "Komnas HAM no longer has the authority to receive and handle complaints of alleged human rights violations," said Anis.
Meanwhile, the article that could threaten Komnas HAM's independence is stated in Article 100, Paragraph 2(b). The policy states that the Committee for Selecting Komnas HAM Members will be appointed by the President in the future.
According to Anis, this article is contrary to international human rights principles, namely the Paris Principle. "The principle of independence in the selection process of Komnas HAM is one of the principles that is regulated and must be respected," said Anis.
In the draft revision, the ability of Komnas HAM to cooperate with international organizations is also considered increasingly restricted. According to Anis, this limitation will prevent Komnas HAM from collaborating with human rights institutions in other countries to respond to events suspected of containing cross-jurisdictional human rights violations.
Anis also highlighted the grant of authority to the Ministry of Law and Human Rights to handle human rights violations through the revision. "The Ministry of Law and Human Rights, as the holder of the human rights obligation, should not also play a role as an assessor or referee in the handling of alleged human rights violations," said Anis.
Anis argued that Komnas HAM's authority should be strengthened to provide people experiencing human rights violations with access to justice. "With limited tasks and authority, Komnas HAM can't achieve its goals as stipulated in the revision of the Human Rights Law," said Anis.
Andi Adam Faturahman contributed to the writing of this article
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