WALHI Criticizes the Draft Revision of the Human Rights Law: Ignoring Natural Rights and Protecting Environmental Fighters
Wahana Lingkungan Hidup Indonesia (WALHI) emphasized that the momentum for revising or replacing Law Number 39 of 1999 concerning Human Rights (Human Rights Law) must be used as a crucial space to strengthen the substance of national law.
WALHI urges that the new regulation not only regulate human basic rights, but must recognize the rights of nature and strengthen real protection for environmental defenders.
According to WALHI, there are three main points that should be the foundation of this plan to change regulations. First, strengthening the role and authority of the National Human Rights Commission (Komnas HAM). Second, recognition and guarantee of protection for human rights defenders, including environmental activists. Third, the adoption of the concept of rights of nature into Indonesian positive law.
Unfortunately, WALHI considers that these three crucial substances have not been reflected at all in the draft proposal currently being discussed and submitted by the Ministry of Human Rights.
Urgency to Recognize the Rights of Nature
The National Executive Director of WALHI, Boy Jerry Even Sembiring, emphasized that the update of human rights law in Indonesia must not be carried out in place. In the midst of the threat of a global climate crisis, the fulfillment of the right to a good and healthy environment must be accompanied by the recognition that nature is an independent legal subject.
"In the development of human rights, some countries do not merely accommodate the right to a healthy environment. To ensure the fulfillment of this right, they have accommodated what is called the rights of nature in various legal products, both through constitutions and special laws. The important momentum of revising the Human Rights Law is the right time to accommodate the rights of nature in Indonesian law," said Boy Jerry in a written statement, Wednesday (10/6/2026).
WALHI sees the urgency of recognizing this natural right as complementary to the right to the environment. Especially in the face of the triple planetary crisis (climate change, pollution, and loss of biodiversity). Nature should no longer be seen merely as an industrial commodity for the government's economic growth ambitions, but as an entity that has the right to its existence, protected, and restored from damage.
Vulnerable to Criminalization, Environmental Defenders' Protection Still Weak
In addition to the issue of natural rights, WALHI also highlighted the protection clause for Human Rights Defenders contained in the current draft revision. Although the existence of Human Rights Defenders has been accommodated, the rule has not touched the environmental sector specifically. In fact, environmental activists have a very high level of vulnerability and risk of physical and legal intimidation in the field.
WALHI criticized the use of the phrase "good faith" in the draft which was considered to have the potential to trigger multiple interpretations and actually reduce security guarantees for victims. In principle, human rights defenders are guaranteed to have acted in good faith for the sustainability of living space.
Furthermore, the current draft is considered too general because it delegates the technical protection to other laws and regulations. This triggers a great risk that the new Human Rights Law will only acknowledge the existence of Human Rights Defenders without presenting a concrete and effective legal protection model in its implementation.
Three Points of Weakening in the Draft of the Human Rights Ministry
In its in-depth analysis, WALHI identified several other crucial points in the draft revision of the Ministry of Human Rights proposal which could potentially weaken the space for human rights enforcement in Indonesia, including:
Removal of the Preventive Function of Komnas HAM: The draft removes the research and advisory function of Komnas HAM. This step is considered to weaken the function of preventing violations, identifying cases, and educating public awareness. Threat to the Independence of Institutions: There is an attempt to place the position of Komnas HAM under the coordination of the ministry, which is considered high risk of reducing institutional independence in carrying out its mandate objectively. Abdication of the Collective Rights of Indigenous Communities: The replacement of terms in the draft that use the word "individual" is considered not in line with the 1945 Indonesian Constitution which uses the phrase "every person". This risks blurring collective rights, especially the position of indigenous peoples as subjects of communal law.WALHI's demands: Delay and complete the draft Human Rights Law
Based on these red notes, WALHI firmly requests that the revision or drafting process of the Human Rights Law prepared by the Ministry of Human Rights be immediately postponed and improved. The current draft proposal is considered to have failed to cover the substantial weaknesses in the enforcement of human rights.
WALHI urges the Government (Ministry of Human Rights) and the DPR RI to open a meaningful public participation space, conduct transparent dialogue with all elements of society, and ensure the integrity of protection guarantees for human rights defenders and the environment before issuing the new regulation to the public.