The Komnas HAM is an independent institution, on an equal level to other state institutions and which holds the functions of carrying out research, study, education and information, monitoring and mediation of human rights.
The Komnas HAM aims to:
a. develop conditions conducive to the implementation of human rights in accordance with Pancasila, the 1945 Constitution, the United Nations Charter and the Universal Declaration of Human Rights;
b. enhance the protection and upholding of human rights for the personal development of Indonesians as human beings in their entirety and their ability to participate in various aspects of life.
The organs of Komnas HAM are the Plenary Session and Sub Commissions. Additionally, it has a Secretariat as a servicing unit.
PLENARY SESSION
The Plenary Session is the highest authority of Komnas HAM. It consists of all Members of Komnas HAM. The Plenary Session also determines the Procedures, Working Program and Mechanism of Komnas HAM.
SUB COMMISSION
Since its establishment in 1993 until early June 2004, the activities of Komnas HAM have been carried out by Sub Commissions established following the functions of Komnas HAM, namely Sub Commission of Research and Study, Sub Commission of Education, Sub Commission of Monitoring, and Sub Commission of Mediation. Subsequently, the Plenary Session of Komnas HAM, in its meeting on 2-3 June 2004, decided to restructure the Sub Commission of Komnas HAM based on the categories of human rights and groups of the society whose human rights protection should be given special attention. The restructured Sub Commissions are as follows:
1. Sub Commission of Research and Study
2. Sub Commission of Education and Public Awareness
3. Sub Commission of Monitoring
4. Sub Commission of Mediation
To carry out the functions of the Komnas HAM has the mandate and duty to:
a. Conduct study and research of international human rights instruments with the purpose of providing recommendations on possible accession to or ratification of such instruments;
b. Conduct study and research of various legislation with a view to providing recommendations for the drawing up, amendment or revocation of legislation concerning human rights;
c. Publish the result of research and study;
d. Conduct literature studies, field studies and comparative studies in other countries;
e. Discuss various issues relating to protection, upholding and promotion of human rights; and
f. Conduct research and study in cooperation with organizations, institutions or other parties, at the national, regional, and international levels, in the field of human rights.
To carry out the functions of the Komnas HAM in the fields of education and information, the Komnas HAM has mandate and duty to:
a. Disseminate human rights principles and information to Indonesian public;
b. Endeavor to enhance public awareness of human rights through formal and non-formal education institutions and various other circles;
c. Cooperate with organizations, institutions or the other parties at the national, regional and international levels in the field of human rights.
To carry the functions of the Komnas HAM in the field of monitoring, the Komnas HAM has the mandate and duty to:
a. Monitor the implementation of human rights and make reports of the results of the observation;
b. Investigate and examine incidents which by their nature or scope may reasonably be assumed that violations of human rights have taken place;
c. Call on complainants or victims and those who are the subjects of complaints to make statements;
d. Call on witnesses to give testimony and request the complainant witness to submit the necessary evidence;
e. Conduct surveys of the locations of incidents and the other locations which are deemed necessary;
f. Call on concerned parties to provide written statements or submit necessary documents in accordance with their originals with the agreement of the Chair of the Court;
g. Examine sites such as houses, yards, building and other places occupied or owned by certain parties with the agreement of the Chair of the Court; and
h. Provide, on the basis of the agreement of the Chair of the Court, views on particular cases undergoing judicial process, in the event that violations of human rights in public issue and examination process by the court are found and the views of Komnas HAM have to make known to the parties by the judge.
To carry out the functions of Komnas HAM in the field of mediation, Komnas HAM has the mandate and duty to:
a. Promote peaceful settlement between the two parties;
b. Resolve cases by means of consultations, negotiations, mediations, conciliation and expert evaluation;
c. Provide recommendations to the parties concerned to settle the dispute through courts;
d. Submit recommendations on a particular case of violations of human rights to the government in order that the settlement may be followed up on; and
e. Submit recommendations on a particular case of violations of human rights to the House of Representatives of the Republic of Indonesia for follow up action.
LEGAL BASES OF THE KOMNAS HAM
Initially, the Komnas HAM was established by Presidential Decree No. 50 of the Year 1993 o National Commission on Human Rights. As of 1999 the existence of the Komnas HAM is based on an Act, namely Act No. 39 of the Year 1999 on Human Rights, which also determines the existence, objectives, and functions, membership, principles, organs, as well as the duties and mandate of the Komnas HAM.
In addition to the competence under Act No. 39 of the Year 1999, the Komnas HAM also has the mandate to conduct investigations of gross violations of human rights according to Act No. 26 of the Year 2000 on Human Rights Courts.
On the basis of act No. 26 of the Year 2000 on Human Rights Courts, the Komnas HAM is an institution having the competence of investigating gross violations of human rights. In carrying out this investigation, the Komnas HAM may establish an ad hoc team, which consists of the Komnas HAM and public elements.
REFERENCE INSTRUMENTS
In carrying its functions, duties and mandate to achieve its objectives, Komnas HAM uses instruments relating to human rights, both national and international, as reference.
National instruments:
a. The 1945 Constitution and its amendments;
b. Decree of the People’s Consultative Assembly No. XVII/MPR/1998;
c. Act No. 39 of the Year 1999 on Human Rights;
d. Act No. 26 of the Year 2000 on Human Rights Tribunal;
e. Other relevant national legislation.
International instruments:
a. The United Nations Charter, 1945;
b. Universal Declaration of Human Rights, 1948;
c. Other international instruments relating to human rights which have been ratified and accepted by Indonesia.
MEMBERSHIP OF THE KOMNAS HAM
Under the Act No. 39 of the Year 1999, Members of the Komnas HAM shall be public figures who are professional, highly dedicated and high integrity, and who comprehend the ideals of a state based on law and of a welfare state with justice and respect of human rights and fundamental obligations as its core.
