Komnas HAM Criticises Draft Human Rights Bill Over Threat to Oversight Independence
The National Human Rights Commission (Komnas HAM) has assessed that the government’s draft Human Rights Bill (RUU HAM) risks weakening the institution’s independence. Komnas HAM insists revisions should strengthen the agency’s mandate and powers, not undermine them.
Chairperson Anis Hidayah stated that the current draft contains provisions that could diminish Komnas HAM’s strategic role as an independent human rights oversight body.
“The spirit of amending the Human Rights Law must be based on good faith, transparency, and genuine synergy to enhance the respect, protection, and fulfilment of human rights in Indonesia in line with the 1945 Constitution,” Anis said in a statement.
Komnas HAM views the bill revisions as the culmination of systematic efforts to weaken and delegitimise the institution. Despite this, Komnas HAM annually handles over 2,500 alleged human rights violations, representing victims seeking justice.
According to Anis, Komnas HAM also refutes the Ministry of Human Rights’ claim that it was involved in drafting the bill.
“Komnas HAM was never consulted during any stage of the drafting process. In fact, we have struggled to obtain the initial draft,” Anis stated.
Komnas HAM argues this disregard contradicts the Paris Principles, international guidelines governing national human rights institutions. These require broad mandates and institutional independence free from political interference.
In its assessment, Komnas HAM highlighted several clauses that could undermine its functions. One such clause involves removing research and public education roles, which are crucial for preventing violations and raising state officials’ awareness.
Additionally, Komnas HAM noted provisions that could subordinate the institution by requiring its findings to be submitted to the ministry for human rights policy alignment.
“This could transform Komnas HAM from an independent watchdog into a ministry administrative subordinate,” Anis said.
Komnas HAM also flagged rules requiring ministry approval for amicus curiae submissions to courts, which it says would undermine the institution’s independence in promoting human rights enforcement.
Moreover, Komnas HAM believes the draft allows political interference in implementing human rights recommendations, particularly concerning economic, social, and cultural rights.
Komnas HAM warned that weakened functions would directly impact society and victims, who would lose an objective, independent, and impartial human rights watchdog.
“If preventive functions are cut and oversight is interfered with, society and victims will lose an objective, independent, and impartial human rights monitor,” Anis said.
Komnas HAM urged the government to respect the functional separation between itself as an independent body and the Ministry of Human Rights as a presidential executive agency.
Komnas HAM also called on civil society, academics, media, and human rights victims to jointly monitor the bill revision process to ensure transparency and democracy.
The Human Rights Bill aims to transform Indonesia’s human rights approach from mere norms into a system encompassing governance, prevention, and risk mitigation of violations.
Minister of Human Rights Natalius Pigai confirmed the revision of Law No. 39 of 1999 on Human Rights, or the RUU HAM, has entered the public consultation phase.
Minister Pigai stated the revisions aim to strengthen regulations protecting human rights activists from criminalisation, ensuring legal certainty for advocacy.
Through the RUU HAM revisions, Komnas HAM’s institutional capacity will be bolstered amid increasing complexity of human rights violations across sectors.
The Ministry of Human Rights stated the revisions are part of efforts to strengthen human rights institutions, including Komnas HAM.