October 31, 2025 | 09:27 am
TEMPO.CO, Jakarta - Indonesia's National Commission on Human Rights (Komnas HAM) has identified 21 problematic articles in the draft revision of Law Number 39 of 1999 concerning Human Rights. Putu Elvina, the Deputy Chair of the External Affairs Division of Komnas HAM, stated that the Commission objects to several articles because they could potentially undermine Komnas HAM's authority.
"This draft can be interpreted as an attempt to remove Komnas HAM from the national human rights institution," Putu said in a written statement received by Tempo on Friday, October 31, 2025.
The problematic articles that could diminish the authority of Komnas HAM include the following: Article 1, Article 10, Article 79, Article 80, Article 83, Article 85, Article 87, Article 100, Articles 102–104, Article 109, and Article 127.
Putu explained that in the Human Rights Law, Komnas HAM is explicitly mentioned to have 4 main duties and authorities as regulated in Article 1 paragraph (7), Article 75, and Article 89 paragraphs (1-4).
She pointed out that these articles explain Komnas HAM's duties and authorities, which include assessment, research, education, monitoring, and mediation. "However, in the latest draft, for example, in Article 109, Komnas HAM no longer has those duties and authorities," Putu stated.
In the draft revision of the Human Rights Law, Article 109 no longer authorizes Komnas HAM to receive and handle complaints of alleged human rights violations, conduct mediation, provide human rights education and outreach, and conduct human rights assessments except in terms of regulations and international instruments.
Another problematic article is Article 100, Paragraph 2(b), which governs the selection of Komnas HAM members by the President.
However, according to Putu, the current Human Rights Law states that the committee responsible for selecting Komnas HAM members is appointed by a Komnas HAM plenary session. This article is feared to threaten the independence of Komnas HAM. "This contradicts the principle of independence in the process of selecting members of Komnas HAM as regulated in the Paris Principles," Putu said.
Separately, the Chairperson of Komnas HAM, Anis Hidayah, urged the government to ensure that the substance of the draft revision of the Human Rights Law truly strengthens the institution's existence, instead of weakening it.
"Komnas HAM urges the government to ensure that the substance of the revision of Law 39/1999, especially regarding the institution and functions of Komnas HAM, does not weaken, but strengthens the effort to optimize the human rights protection system in Indonesia," Anis said via WhatsApp message on Friday, October 31, 2025.
Tempo has contacted the Minister and Deputy Minister of Human Rights, Natalius Pigai and Mugiyanto, regarding Komnas HAM's objection to several articles in the draft revision of the Human Rights Law. As of the publication of this article, however, messages sent through the WhatsApp messaging application only show two gray ticks, indicating that they have been sent.
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