Ministry of Law and Human Rights: Human Rights Law Revision Does Not Undermine Komnas HAM Independence
The Ministry of Law and Human Rights has denied allegations that the revision of Law No. 39 of 1999 on Human Rights undermines the independence of the National Commission on Human Rights (Komnas HAM). The ministry asserts the revision process was participatory and does not weaken Komnas HAM’s autonomy.
“Claims that the drafting process for the amendment to Law No. 39/1999 was non-participatory are incorrect. Accusations that the Ministry manipulated public participation are demeaning,” said Rumadi Ahmad, Staff Expert for Bureaucratic Reform and Legislation Strengthening at the Ministry of Law and Human Rights, in a statement on Saturday (30/5/2026).
The ministry stated it had engaged various stakeholders from the outset, including civil society representatives and human rights activists. “Komnas HAM has consistently been invited to meetings. National human rights institutions such as the Child Protection Commission (KPAI), National Disability Commission (KND), and National Commission on Violence Against Women have actively participated,” he added.
He noted that Komnas HAM Chairperson Anis Hidayah attended ministry-organised discussions on the Human Rights Law amendment, along with Komnas HAM technical experts. “Recently, Komnas HAM representatives have failed to attend discussions without clear justification. The Ministry understands that drafting the Human Rights Law must involve meaningful public participation,” he explained.
The ministry has also conducted public consultations across various locations, reaffirming the allegations are unfounded. Additionally, it denied the revision weakens Komnas HAM’s independence, calling the commission’s claims factually incorrect.
“Allegations that the Human Rights Law revision undermines Komnas HAM’s independence are baseless. The Chairperson’s assertion of efforts to weaken Komnas HAM’s autonomy lacks factual basis. This revision does not interfere with Komnas HAM’s independence,” he stated.
Rumadi explained that as an independent state institution, Komnas HAM should act as a monitor of human rights implementation. He said government efforts to promote and strengthen human rights across sectors fall under the ministry’s purview, with Komnas HAM overseeing them.
“If Komnas HAM continues to focus on human rights education, it unwittingly positions itself as an executive body,” he remarked.
The ministry also affirmed that Komnas HAM’s obligation to submit recommendations to relevant ministries ensures their implementation, which does not diminish its independence. Rumadi stated the revision aims to strengthen Komnas HAM, such as making recommendations binding and expanding investigative powers.
Currently, the ministry is holding public forums at universities and regions to gather public input, including on coordination between national human rights institutions like Komnas HAM, KPAI, KND, and the National Commission on Violence Against Women.
“Any remaining contentious issues, the Ministry responsible for the Human Rights Law revision remains open to proposals from all parties, including Komnas HAM,” he added.
Previously, Komnas HAM Chairperson Anis Hidayah criticised the Ministry of Law and Human Rights’ draft Human Rights Law (RUU HAM), arguing it risks undermining the commission’s independence and diminishing its oversight role in Indonesia’s human rights framework.
“Komnas HAM views the planned Human Rights Law revision as the culmination of systematic efforts to marginalise and delegitimise the commission,” Anis stated in a report on Saturday (30/5/2026).
She said the government has not fully utilised Komnas HAM’s role, despite handling over 2,500 human rights violation cases annually. Anis denied being involved in the draft’s development, stating Komnas HAM struggled to obtain the initial draft from the outset.
“Komnas HAM was never involved in drafting the RUU HAM, not even during discussions. The commission faced difficulties accessing the initial draft. The current draft does not reflect Komnas HAM’s input,” she said.