Komnas HAM Warns Human Rights Bill Undermines Independence and Opens Door to Political Interference

JAKARTA - National Human Rights Commission (Komnas HAM) Chairperson Anis Hidayah stated that the draft Human Rights Bill prepared by the Ministry of Law and Human Rights weakens the commission’s duties and undermines its independence. “The draft Human Rights Bill undermines Komnas HAM’s duties and powers through several provisions,” Anis said in a written statement on Tuesday, 26 May 2026. Anis said the draft bill eliminates the research and advocacy functions of human rights, currently regulated under Articles 89(1) and (2) of the Human Rights Law. “This removal clearly weakens Komnas HAM’s ability to monitor the state and foster critical awareness among government officials,” he added. Anis also noted that Article 79(d) of the draft bill requires Komnas HAM’s findings to be submitted to the ministry to ensure human rights perspective in policies. “This provision could transform Komnas HAM from an independent watchdog into a subordinate administrative body of the ministry,” he said. “This opens the door to significant political interference in the follow-up of human rights cases,” he added. Furthermore, under Article 84(1)(h) of the draft bill, Komnas HAM’s submissions to the court as amicus curiae must include a ministry compliance assessment. According to Anis, this rule reduces and undermines Komnas HAM’s independence in promoting human rights enforcement and protection. The regulation could hinder Komnas HAM’s pro justicia powers and create legal uncertainty. Anis stated that normatively, the draft bill contains substantive flaws by deviating from constitutional terminology through the insertion of ‘individual’ as a rights holder. This has no legal basis as Chapter XA of the 1945 Constitution consistently uses ‘every person’, ‘citizen’, and ‘resident’ as legal subjects.