Revision Of Human Rights Law Focuses On Strengthening Komnas HAM And Government Responsibility

JAKARTA Rencana revisi Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia (UU HAM) dinilai sebagai langkah adaptif terhadap dynamics sosial dan tantangan global. Revisi ini bukan upaya untuk melemahkan Komisi Nasional Hak Asasi Manusia (Komnas HAM), memperkuat peran dan tanggung jawab lembaga tersebut dalam penegakan HAM di Indonesia.

"The purpose of revising Law no. 39 of 1999 is to adapt to developments that occur in society and the world. Many new problems are not answered by the old law so adjustments need to be made," said Ifdhal Kasim, Chairman of Komnas HAM for the 2007 period 2012 as well as Observer of Legal and Policy Issues. Public, told reporters in Jakarta, Wednesday (5/11).

The Deputy Chairperson of the PERADI DPN emphasized that the revision actually strengthened the institutions of Komnas HAM in line with the increasing complexity of human rights violations in various sectors. "There is no intention of weakening Komnas HAM. That is tantamount to fighting the spirit of the times," he said.

Komnas HAM Remains Independent As A State Supervisory Agency

Ifdhal explained, constitutionally, Komnas HAM is an independent state auxiliary body with a main function as a watchdog for human rights implementation by the government. "Komnas HAM plays a role in reiterating government policies related to human rights implementation, investigating violations, and monitoring the national human rights situation," he said.

He also assessed that the presence of the Ministry of Human Rights could actually strengthen the follow-up on Komnas HAM's recommendations. "The Ministry of Human Rights does not take over the function of Komnas, but ensures that Komnas' recommendations are actually carried out systematically by the relevant ministries or institutions," he said.

Main Focus On Revision: Strengthening Komnas HAM

According to the draft revision, the strengthening of Komnas HAM is carried out through three main approaches:

"This revision is not just an administrative correction, but a fundamental strengthening so that Komnas HAM can work more effectively and have a real impact," added Ifdhal.

The Election Of Members Of Komnas HAM Remains Independent

Ifdhal also explained the mechanism for selecting members of Komnas HAM in the revised draft. The selection committee (pansel) will be elected by the National Human Rights Commission, then ratified through a Presidential Decree (Kepres). "That way, the legitimacy of the Pansel state will be stronger, and the selection results will be submitted to the DPR to select members of Komnas definitively. This revision does not open up space for government interventions," he said.

He added that public complaints are not the main function, but rather facilities under the function of investigation and monitoring. "The investigation function is the core of Komnas HAM's task and is actually strengthened by the greater authority in this revision," he explained.

Separation Of The Function Of Komnas HAM And The Ministry Of Human Rights

In the draft, the division of inter-institutional roles is also clarified:

The separation of this function is considered important to maintain the independence of Komnas HAM, prevent conflicts of interest, and ensure that each institution works according to its constitutional mandate.

Revisions Drafted Inclusively And Transparently

Meanwhile, the Secretary General of the Ministry of Human Rights, Novita Ilmars, emphasized that the revision process was carried out inclusive and transparent. "In addition to the ranks of the Ministry of Human Rights, discussions also involve human rights experts, academics, civil society, and former leaders of Komnas HAM. This bill is dynamic and open to improvement," said Novita.

He dismissed the notion that this revision weakens Komnas HAM. "The main goal of the revision is to build a more progressive, responsive, and citizen-protective ecosystem. The substance of the design is still open to public discussion," he said.

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