Here Is The Duty And Authority Of Komnas HAM According To Law Number 39/1999

Komnas HAM (Photo: DOC ANTARA)

YOGYAKARTA - The National Commission on Human Rights or abbreviated as Komnas HAM is an independent institution whose position is on the same level as other state institutions. Since 1999 the existence of Komnas HAM has been based on Law Number 39 of 1999 which also stipulates the existence, objectives, functions, membership, principles, completeness, and duties, and authorities of Komnas HAM.

The Purpose and Functions of the National Commission on Human Rights

The goals and functions of Komnas HAM are contained in Article 75 of Law Number 39 of 1999 concerning Human Rights (HAM).

According to the article, Komnas HAM has several objectives, such as:

• Develop conducive conditions for the implementation of human rights in accordance with Pancasila, the 1945 Constitution, and the United Nations Charter, as well as the Universal Declaration of Human Rights.
• Improving the protection and enforcement of human rights in order to fully develop the Indonesian human person and his ability to participate in various fields of life.

To achieve this goal, Komnas HAM carries out the following functions:

• Carry out studies and research on human rights.
• Carry out outreach on human rights
• Carry out monitoring on human rights
• Conduct mediation on human rights.

Duties and Authorities of Komnas HAM

Illustration of Komnas HAM. (Antara)

The duties and authorities of Komnas HAM are regulated in Article 80 of Law Number 39 of 1999 concerning Human Rights.

In that article it is said, to carry out the assessment function, the duties and powers of the National Commission on Human Rights include:

• Reviewing and researching various international human rights instruments with the aim of providing suggestions regarding the possibility of accession and/or ratification.
• Study and research on various laws and regulations to provide recommendations regarding the establishment, amendment and repeal of laws and regulations related to human rights.
• Publishing the results of studies and research.
• Literature studies, field studies and comparative studies in other countries regarding human rights.
• Discussion of various issues related to the protection, enforcement and promotion of human rights.
• Study and research cooperation with organizations, institutions or other parties, both at the national, regional and international levels in the field of human rights.

Meanwhile, for the counseling function, the duties and powers of Komnas HAM include:

• Dissemination of knowledge about human rights to the people of Indonesia.
• Efforts to increase public awareness of human rights through formal and non-formal educational institutions and various other circles.
• Cooperation with organizations, institutions or other parties, both at the national, regional and international levels in the field of human rights.

In carrying out the monitoring function, the duties and powers of Komnas HAM include:

• Observation of the implementation of human rights and preparation of reports on the results of these observations.
• Investigation and examination of events that occur in society which, based on their nature or scope, should be suspected of violating human rights.
• Summons to the complainant or victim or the party being made to ask for and hear the statement.
• Summons of witnesses to ask for their testimony to be heard, and to the complainant witnesses are asked to submit the necessary evidence.
• Inspection of the scene and scene and other places deemed necessary.
• Summons to related parties to provide written statements or submit documents required in accordance with the original with the approval of the Chief Justice.
• Local inspection of houses, yards, buildings and other places occupied or owned by certain parties with the approval of the Chief Justice.
• Provision of opinion based on the approval of the Chairperson of the Court on certain cases that are currently in the judicial process, if in that case there is a violation of human rights in public matters and examination procedures by the court, then the Komnas HAM opinion must be notified by the judge to the parties.

In the mediation function, the duties and powers of Komnas HAM include:

• Peace for both parties.
• Settlement of cases through consultation, negotiation, mediation, conciliation, and expert judgment.
• Providing advice to the parties to resolve disputes through the courts.
• Submission of recommendations on a case of human rights violations to the government to follow up on the settlement.
• Submission of recommendations on a case of human rights violations to the DPR RI for follow-up.

This is information about the duties and powers of the National Commission on Human Rights and their objectives and functions. Update on the latest situation developments only on VOI.id.