Draft Human Rights Bill Grants Komnas HAM Authority to Form Ad Hoc Investigation Teams for Human Rights Violation Allegations

JAKARTA, KOMPAS.com - The formation of ad hoc teams to investigate alleged human rights violations will be among the provisions in the draft Human Rights Bill.

This is stipulated in Article 84(3) of the draft Human Rights Bill, where the establishment of such teams falls under the authority of the National Human Rights Commission (Komnas HAM).

‘If deemed necessary, Komnas HAM may form an ad hoc investigation team for alleged human rights violations composed of national human rights institution and community representatives,’ states Article 84(3) of the draft Human Rights Bill, downloaded from the Ministry of Human Rights website, cited on Monday, 25 May 2026.

Article 84(4) of the draft stipulates that Komnas HAM shall submit the results of investigations and inquiries into human rights violations with criminal elements to law enforcement authorities for follow-up in accordance with applicable regulations.

‘Komnas HAM shall prepare and submit recommendations from studies, monitoring, and/or mediation to relevant ministries, agencies, local governments, and parties concerned, with a copy to the Minister for follow-up,’ states Article 84(5) of the draft Human Rights Bill.

‘Recommendations issued by Komnas HAM must be approved through a Plenary Session and be binding,’ states Article 86(1) of the draft Human Rights Bill, cited on Monday, 25 May 2026.

Article 86(2) of the draft Human Rights Bill states that recommendations issued by Komnas HAM must be followed up by relevant ministries, agencies, or local governments.

‘Recommendations by Komnas HAM concerning economic, social, and cultural rights shall be coordinated by the Minister during implementation,’ states Article 86(3).

Conversely, the revision will strengthen Komnas HAM’s position, as its powers will be expanded.

The enhancements include authority to conduct investigations, summon witnesses, prosecute, provide amicus curiae in court, and issue binding recommendations.

‘Today, Komnas HAM has limited powers: receiving complaints, monitoring, and conducting investigations. Only three. Investigations, yes, remember, investigations stop there,’ Pigai said, citing Antara, Thursday, 6 November 2025.

He added that ad hoc investigators will be established to handle alleged human rights violation cases.

He further explained that Komnas HAM’s recommendations will be binding, unlike the current provisions under the existing Human Rights Law.