1. What is Komnas HAM?
Komnas HAM is an independent institution, of an equal level to other state institutions and which holds the functions of carrying out research and study, education, monitoring and mediation of human rights.
Komnas HAM aims to:
1. Develop condition 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.
2. Enhance the protection and enforcement 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-Commission. Additionally, Komnas HAM also has a Secretariat General as a supporting and servicing unit.
Initially, Komnas HAM was established by the Presidential Decree No. 50 of 1993 on the National Commission on Human Rights. Since 1999, the existence of Komnas HAM is based on the Act No. 39 of 1999 on Human Rights, which also determines the existence, objectives, functions, memberships, principles, organs, as well as duties and mandates of Komnas HAM.
2. What are Komnas HAM mandates?
Mandate of Komnas HAM is based on the Act No. 39 of 1999 on Human Rights, which are:
Article 89
(1) To carry out the functions of the National Commission on Human Rights with realize aims as referred to in Article 76, the National Commission on Human Rights has the authority to:
a. study and examine international human rights instruments with the aim of providing recommendations concerning their possible accession and ratification;
b. study and examine legislation in order to provide recommendations concerning drawing up, amending and revoking of legislation concerning human rights;
c. publish study and examination reports;
d. carry out literature studies, field studies, and comparative studies with other countries;
e. discuss issues related to protecting, upholding and promoting human rights; and,
f. conduct cooperative research and examination into human rights with organizations, institutions or other parties, at regional, national and international levels.
(2) To carry out its function as disseminator as referred to in Article 76 , the National Commission on Human Rights is charged with and authorized to:
a. disseminate information concerning human rights to the Indonesian public;
b. take steps to raise public awareness about human rights through formal and non-formal education institutes and other bodies;
c. cooperate with organizations, institutions or other parties at national, regional and international level with regard human rights;
(3) To carry out its supervisory function as referred to in Article 76, the National Commission on Human Rights is charged with and authorized to:
a. monitor the execution of human rights and compile reports of the output of this monitoring;
b. investigate and examine incidents occurring in society which either by their nature or scope likely constitute violations of human rights;
c. call on complainants, victims and accused to request and hear their statements;
d. call on witnesses to request and hear their witness statements, and in the case of prosecution witness to request submission of necessary evidence;
e. survey incident locations and other locations as deemed necessary;
f. call on related parties to give written statements or to submit necessary authenticated documents as required upon approval of the Head of Court;
g. examine houses, yards, buildings, and other places that certain parties reside in or own, upon approval of the Head of Court;
h. on approval of the Head of Court, provide input into particular cases currently undergoing judicial process if the case involves violation of human rights of public issue and court investigation, and the input of the National Commission on Human Rights shall be made known to the parties by the judge;
(4) To carry out its function as mediator as referred to in Article 76, the National Commission on Human Rights is charged with and authorized to:
a. arbitrate between the two parties;
b. resolve cases through consultation, negotiation, mediation, conciliation and expert evaluation;
c. give recommendations to the parties for resolving conflict through the courts;
d. submit recommendations concerning cases of human rights violations to the Government in order that their resolution may be followed up on;
e. submit recommendations concerning cases of human rights violations to the House of Representatives of the Republic of Indonesia for their follow up.
In addition to the mandates based on the Act No. 39 of 1999 on Human Rights, Komnas HAM also has the mandate to conduct projustitia inquiry on gross violations of human rights based on the Act No. 26 of 2000 on Human Rights Courts. According to this Act, Komnas HAM is the only institution having the competence of conducting inquiry of gross violations of human rights. In conducting the inquiry, Komnas HAM could establish an ad hoc team consisted of Komnas HAM and elements of the society.
3. Is the position of Komnas HAM is under any state department?
No. As explained in question no. 1, Komnas HAM is an independent institution, of an equal level to other state institutions. Therefore, Komnas HAM does not responsible to any state departments of institutions.
4. Is Komnas HAM a non governmental organization?
No. Komnas HAM is not a non governmental organization because Komnas HAM is established by the State according to the Act No. 39 of 1999 on Human Rights. Komnas HAM is an independent state institution.
5. What is the difference between Komnas HAM and Kontras?
Komnas HAM is a different with Kontras with regard to their status, mandates and legal bases. Kontras is a non governmental organization with the missions to:
(1) Enhance the awareness of the people with regard to the importance of respect of human rights, especially understanding on types of violence and violations of human rights as a part of abusive use of state power.
(2) Struggle for justice and state responsibility with regard to violence and violations of human rights through advocating measures.
(3) Urge consistent transformation of legal and political system, which emphasizing on the strengthening and protection of the people from any type of violence and violations of human rights. Kontras profile could be access through its website: KontraS
6. Who is responsible for the enforcement of human rights in Indonesia?
According to the Act No. 39/1999 on Human Rights:
Article 8
The principal responsibility for protecting, promoting, upholding and fulfilling human rights lies with the Government.
7. Where does Komnas HAM budget come from?
According to the Act No. 39/1999 on Human Rights:
Article 98. The budget for the National Commission on Human Rights shall come from the National Budget.
Aside from the National Budget (Anggaran Pendapatan Belanja Negara or APBN), Komnas HAM also receives funding from international funding agencies for its activities in the field of training and publication. However, Komnas HAM does not receive any international funding agencies for its activities with regard to mediation, monitoring and inquiry of violations of human rights.
8. How we can bring our complaints to Komnas HAM?
Complaints can be delivered directly to Komnas HAM office or through complaint letter or the internet (Complaint Handling System).
See chart.
9. Where is Komnas HAM?
Jl. Latuharhary No.4B Menteng, Jakarta Pusat, 10310 Indonesia
Phone: +62-21-3925230 ; Fax: +62-21-3925227
Bus route:
Kopaja No.620 (Route Blok M – Mampang – Manggarai)
Kopaja No.66 (Route Blok M – Kuningan – Manggarai)
10. Does Komnas HAM have local offices in the region?
According to the Act No. 39/1999 on Human Rights:
Article 76
(4) Representative offices of the National Commission on Human Rights may be established in the regions.
Thus far, Komnas HAM has 6 representatives in the regions, which are: West Sumatera, West Kalimantan, Maluku, Papua, Nanggroe Aceh Darussalam (NAD), and Central Sulawesi.
