Indonesian Human Rights Law Draft Seen as Strengthening Komnas HAM's Independence

Indonesia's proposed Human Rights Law is poised to significantly enhance the independence of the National Commission on Human Rights (Komnas HAM). Contrary to concerns that the draft might weaken the institution, it is designed to fortify Komnas HAM through institutional reforms and a clearer delineation of its operational functions.

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In the new draft, experts are strengthened at the level of the law.

A key provision in the revised draft law is the inclusion of independent experts to support Komnas HAM's substantive duties. These roles will cover critical functions such as reviewing human rights issues, monitoring situations, mediating disputes, and disseminating information. This marks a departure from the current Law No. 39 of 1999, which lacks specific provisions for such expert support.

Muhammad Hafiz, an expert staff member at the Ministry of Law and Human Rights, explained that the General Secretariat primarily handles administrative services. He emphasized that Komnas HAM's core, substantive functions should be executed by independent entities possessing technical expertise in human rights. This separation ensures that the commission's primary mission is not overshadowed by administrative tasks.

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The General Secretariat is fundamentally a service for administrative functions. Therefore, Komnas HAM's substantive functions should ideally be carried out by independent elements with technical capacity in human rights.

Hafiz further clarified that the model for these expert roles differs from standard civil servant recruitment. It more closely resembles the support structures found in other independent state institutions like the Ombudsman and the Witness and Victim Protection Institution (LPSK), where specialized assistants or experts are employed.

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It's different. It's like an assistant at the Ombudsman or an expert at LPSK.