Often Confusing Citizens, Experts Propose Merging Human Rights Institutions in New Bill

Legal experts say replacing the Human Rights Law is an urgent need in the Human Rights Bill. (IST)

JAKARTA - A number of academics and legal experts have highlighted various fundamental issues in the draft Human Rights Law (RUU HAM) which is being drafted by the government.

In the public test forum of the Human Rights Bill, which was held by the Ministry of Human Rights, experts emphasized the importance of reforming the national human rights institution. One of the crucial points that emerged was the proposal to merge human rights institutions so that their performance is more effective, efficient, and coordinated.

Fragmentation of the National Human Rights Institution Confuses the Public

Director of the UII Human Rights Study Center (PUSHAM), Eko Riyadi, highlighted the existence of various National Human Rights Institutions (NHRI) today which are considered too fragmented.

Eko put forward a radical idea to combine various existing human rights commissions into one integrated national institution. This idea is different from the draft human rights bill currently being conceptualized by the Ministry of Human Rights.

According to Eko, the fragmented institutional conditions as they are now confuse the people seeking justice.

"For example, female victims of intellectual disabilities can be confused about where to report. Is it to Komnas HAM, the National Commission on Disability (KND), or women's and children's protection agencies," said Eko.

"As a result of this fragmentation, the process of handling cases is not optimal. "The problem of reports is not coordinated and the data is never really integrated," he added.

Budget Problem Becomes Obstacle to Institutional Integration

On the other hand, UIN Semarang Islamic Law Sociology Professor Gunaryo appreciated the quick steps of the Ministry of Human Rights which began to draft this bill. According to him, updating regulations through the replacement of the Human Rights Law is an urgent need.

Although he considers the substance of the new Human Rights Bill to be complete enough - including including modern issues such as human rights and business - Gunaryo still fully supports the idea of merging human rights institutions.

He criticized that the ego of the budget sector often became the reason for state institutions to be reluctant to be integrated.

"Why don't you want to be merged? Usually because there is a budget. In fact, there are now hundreds of state institutions with similar functions," said Gunaryo.

He believes that the merger or merger process of this institution can still run smoothly in the Human Rights Bill, as long as the government's policy direction is clear and inter-institutional coordination continues to be strengthened.

5 Major Challenges in Human Rights Enforcement in Indonesia

Apart from institutional problems, the public trial forum also mapped the actual conditions of human rights enforcement which are still fragile in the country. Gunaryo explained that there are 5 main issues that are still a major challenge for Indonesia in the future:

Regulatory and Practice Gaps: A wide gap between the rules on paper and the practice of enforcing human rights in the field. Structural Injustice: A system that has not fully sided with social justice. Impunity for Human Rights Violations: There is still impunity for perpetrators of human rights violations without commensurate punishment. Marginalization of Vulnerable Groups: The rights of minority groups and vulnerable groups are often neglected. Restrictions on Civil Liberties: The narrowing of space for expression due to pragmatic political interests and the weakness of the independence of law enforcement agencies.

Through the momentum of preparing this Human Rights Bill, experts hope that the government and the DPR will not only focus on changing the institutional structure, but will be able to answer the five chronic challenges for the legal certainty of the community.