Ministry of Human Rights Denies Human Rights Bill Weakens National Commission's Independence

Rifaldy and associates admit to using names of academic institutions.

The Ministry of Human Rights (KemenHAM) has denied allegations that the revision of Law No. 39 of 1999 on Human Rights is intended to weaken the independence of the National Human Rights Commission (Komnas HAM). The government argues the regulatory changes are designed to bolster the national HAM institution’s authority.

Rumadi Ahmad, Strategic Advisor for Bureaucratic Reform and Legislation Strengthening at KemenHAM, stated that claims the revision process was non-participatory or aimed at “crushing” Komnas HAM’s independence are factually unfounded.

“It is incorrect that the HAM law revision weakens Komnas HAM’s independence. The statement by the Komnas HAM Chairman claiming there is an attempt to undermine its independence is without factual basis,” Rumadi said in a statement on Sunday (31 May).

He explained that since the start of the revision discussions, KemenHAM has involved various civil society elements, HAM activists, and other national HAM institutions such as the National Commission on Women, the Child Protection Commission (KPAI), and the National Commission on Disabilities (KND).

Rumadi also stressed that Komnas HAM was invited to several discussion forums on the revision. “Komnas HAM Chairman Anis Hidayah attended a KemenHAM invitation for discussions on the proposed HAM law changes. Similarly, Komnas HAM experts were also invited,” he said.

He noted that recently, Komnas HAM representatives stopped attending discussions without clear reason. KemenHAM also denies accusations of manipulated public participation in the revision process. According to Rumadi, the government understands the importance of meaningful public participation in law-making.

“KemenHAM fully recognises that drafting the HAM law must involve meaningful public participation,” he said.

Currently, Rumadi added, KemenHAM is conducting public consultation forums across regions and universities, and has opened channels for public feedback via the ministry’s official website.

Regarding concerns that requiring Komnas HAM’s recommendations to be submitted to KemenHAM would reduce the commission’s independence, Rumadi argued the mechanism aims to strengthen the implementation of HAM recommendations within government.

“That is precisely to ensure Komnas HAM’s recommendations to ministries, institutions, and local governments are implemented by the government,” he said.

Rumadi further stated that in the draft revision of the HAM law, Komnas HAM’s position is actually strengthened. This includes reinforcing the binding nature of Komnas HAM’s recommendations and expanding its authority from preliminary to formal investigation.

“Claims that these changes aim to weaken Komnas HAM are entirely false. The changes actually strengthen Komnas HAM,” he said.

Furthermore, Rumadi mentioned academic input during public consultation forums, including proposals to merge national HAM institutions like Komnas HAM, KPAI, KND, and the National Commission on Women.

However, he said, the government’s draft keeps these institutions separate, adding coordination mechanisms for overlapping cases.

“Other problematic aspects, KemenHAM, responsible for the law revision, remains open to suggestions from various parties, including Komnas HAM,” he concluded.

Human Rights Ministry Technical Expert Ifdhal Kasim stated that provisions on the right to be forgotten are a key point in the current government-drafted HAM law revision.

The right to be forgotten is already regulated under Article 26 Paragraph 3 of the Electronic Information and Transactions Law (UU ITE).

Human Rights Ministry Special Staff Thomas Harming Suwarta highlighted social media dynamics and the planned HAM bill including the right to be forgotten.

The inclusion of the Right to be Forgotten in the HAM bill has drawn attention. Kaka Suminta warned of risks in deleting digital footprints of public officials and transparency issues.

Transparency International Indonesia noted that corruption has stripped citizens’ basic rights.

Komnas HAM views the HAM law revision as the peak of systematic efforts to weaken and delegitimise the commission.

Komnas HAM urges revision of Law No. 21/2007 on Trafficking in Persons (TPPO) due to the rise of online scams and digital-based human trafficking modes.

Human Rights Minister Natalius Pigai stressed that escalating conflicts and violence in Papua require comprehensive solutions through dialogue, human rights approaches, and multi-institutional involvement.

Such concerns are based on the commission’s experience handling various complaints over time.

The ministry has taken a series of steps since mid-March to investigate the case.