What is a Human Rights Defender in the Government-Drafted Human Rights Law Revision?

The government, via the Ministry of Human Rights (HAM), will revise Law Number 39 of 1999 on HAM (Hak Asasi Manusia). The Ministry says the revised HAM Act will become a legal umbrella that provides protection for Human Rights Defenders (Pembela HAM). ‘In the law, in this draft bill, we acknowledge the existence of Human Rights Defenders. So with the recognition of Human Rights Defenders, it will no longer be ambiguous,’ said Novita Ilmaris, Secretary-General of the Ministry of Human Rights (KemenHAM), at the HAM Journalists Class in Bandung, West Java, on Friday, 22 May 2026. In the draft revision of the HAM Law downloaded from the Ministry’s official site, the definition of a Human Rights Defender is enshrined in Article 1 paragraph (14). ‘Human Rights Defender means every individual and/or group that engages in peaceful and/or non-violent activities to protect, promote, uphold, fulfil, and respect HAM, for themselves and collectively,’ reads Article 1 paragraph (14) of the draft revision. Next, Article 115 provides that a Human Rights Defender who conducts advocacy in good faith cannot be charged criminally or sued civilly. Then in Article 116 paragraph (2) of the draft revision, four protections for Human Rights Defenders are outlined: ‘Protection and fulfilment of the rights of Human Rights Defenders who are witnesses or victims shall be provided in accordance with applicable laws and regulations,’ reads Article 116 paragraph (3) of the draft revision. Therefore, the special provisions in the HAM Bill are considered important so that human rights advocacy activities receive legitimacy and state protection. ‘I have fought with certain conditions as a Human Rights Defender, and this is protection,’ said Novita. Novita stated that recognition of Human Rights Defenders also signals a change in the state’s attitude toward human rights advocacy.