Komnas HAM Reminds The Authority Limit Of Independent And State Institutions In The Human Rights Bill

JAKARTA - The National Human Rights Commission (Komnas HAM) reminded the importance of maintaining boundaries of differences in authority between independent institutions and the state in the revision of the Human Rights Law initiated by the government.

Komnas HAM chairman Anis Hidayah said independent institutions, such as Komnas HAM and the state, in this case the government, have different positions constitutionally so that the authority between the two should not be violated.

"Don't let Komnas HAM wrongly exercise its authority and don't let the government do things that shouldn't be its obligation," Anis said when met after a discussion at the Komnas HAM Office, Jakarta, Wednesday, was confiscated by Antara.

According to Anis, the authority of Komnas HAM in the current Human Rights Law, namely Law Number 39 of 1999, is quite accommodative.

However, he asked for this authority to be strengthened by making Komnas HAM recommendations binding.

Anis also expressed his appreciation because regarding the strengthening, the revision of the Human Rights Bill has been included. "Actually, in the draft bill, we appreciate that there are additional articles, strengthening, the recommendations are binding," he said.

Nevertheless, Anis highlighted the existence of other articles in the draft bill that gives additional authority to the government, namely in terms of receiving complaints of alleged human rights violations.

According to Anis, the government as the debt bearer should not be given such authority. This is because in several cases of alleged human rights violations received by Komnas, the government is the party reported.

"Later there will be a conflict of interest and the community will lose an accountable and independent mechanism in the process of the human rights system in Indonesia," said Anis.

According to him, this authority should remain the domain of Komnas HAM because in constitutional governance, independent institutions carry out supervisory duties (watchdog) when incidents of human rights violations occur.

Anis further said that his party was pushing for a revision of the Human Rights Law to strengthen the national human rights protection system in the future. The strong system lies in an understanding of the clear perception of human rights.

"The state has an obligation, independent institutions oversee the government's performance, and the community has a wide participation space," explained Anis.

Previously, Human Rights Minister Natalius Pigai ensured that the existence of Komnas HAM was not weakened in the revision of the Human Rights Law.

Pigai said that Komnas HAM's authority to accept and handle complaints of human rights violations was not the subject of revision.

"It was not included in the revised item. Receiving the complaint was not included in the article we revised," said Pigai in response to ANTARA when interviewed at the Ministry of Human Rights Office, Jakarta, Wednesday, November 5.