Regarding The Revision Of The Human Rights Law, Pigai Promises That The Authority Of Komnas HAM Will Not Be Weakened

Human Rights Minister Natalius Pigai (central) answered reporters' questions at the Ministry of Human Rights Office, Jakarta, Wednesday (5/11/2025). BETWEEN/Fath Putra Mulya.

JAKARTA - Minister of Human Rights (HAM) Natalius Pigai ensured that the existence of the National Human Rights Commission (Komnas HAM) was not weakened in the revision of Law Number 39 of 1999 concerning Human Rights (UU HAM).

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

"It is not included in the revised item. Receiving the complaint is not included in the article we revised," said the Minister of Human Rights to Antara at the Ministry of Human Rights Office, Jakarta, Wednesday.

According to him, by not including the regulation as the subject of revision, Komnas HAM's authority in accepting and handling public reports related to human rights violations is not tampered with.

"Where did the case be processed without receiving a complaint? It means that the commissioner (commissioner of Komnas HAM, ed.) needs to learn, needs to learn human rights principles, needs to learn human rights instruments. Don't embarrass yourself," he said.

He further said that the discussion on the revision of the Human Rights Law had involved Komnas HAM.

In addition, according to him, the government is drafting an update to the Human Rights Law by also embracing experts, including former Chairman of Komnas HAM: Hafid Abbas, Ifdhal Kasim, and Ahmad Taufan Damanik.

"All human rights figures of the Republic of Indonesia wrote," he said.

The statement was made by Natalius Pigai in response to Komnas HAM's criticism of the draft revision of the government's version of the Human Rights Law. Previously, criticism was conveyed by Komnas HAM Chairman Anis Hidayah in a written statement, Thursday, October 30.

Pigai also questioned the draft referred to by Komnas HAM. "The draft they did never came out of my table. Maybe the draft meeting was ordinary, right, the draft that left the ministry had to come out of the minister," he said.

Based on the draft revision of the Human Rights Law drafted by the Ministry of Human Rights, Komnas HAM highlighted 21 crucial articles, namely Article 1, Article 10, Article 79, Article 80, Article 83 85, Article 87, Article 100, Article 102 104, Article 109, and Article 127.

Broadly speaking, Anis said, "This design is considered to have the potential to weaken the authority of Komnas HAM in the midst of the increasing authority of the Ministry of Human Rights."

In the current Human Rights Law, Komnas HAM has four main tasks and authorities which include study and research, counseling, monitoring, and mediation. However, said Anis, in the draft revision of the law, Komnas HAM's authority was reduced.

"As regulated in Article 109 (designed revision of the Human Rights Law), Komnas HAM is no longer authorized to accept and handle complaints of alleged human rights violations, mediation, education and counseling, as well as human rights studies, except in terms of international regulations and instruments," he said.

The handling of alleged human rights violations was given to the Ministry of Human Rights. Anis assessed that this cannot be justified because the ministry is part of the government as the holder of the obligation (duty bearer) of human rights.

The regulation of such norms is feared by Komnas HAM to cause a conflict of interest. In this case, Komnas HAM views that the handling of alleged human rights violations should still be carried out by independent institutions.