Komnas HAM Research Articles

Rencana Aksi Nasional Hak Asasi Manusia (RANHAM) 1998-2003: dalam Mewujudkan Masa Reformasi Demokratis

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

Legal Analysis of Serious Human Rights Violations Resolution in Indonesia (Semanggi I Case)

Many cases of serious human rights violations in Indonesia have yet to be resolved completely. Every change in the presidency and vice presidency, issues regarding serious human rights violations are always brought up, especially the Semanggi I case; however, until now, there has been no concrete resolution undertaken by the government. This research will discuss the issue using a normative juridical research method. The research concludes that the resolution of the Semanggi I case as a serious human rights violation, although designed through a National Human Rights Commission (Komnas HAM) investigation team (KKR), the resolution process has not been completed and can be seen as "stuck in place".

Efforts of the Government and the National Commission on Human Rights in Dealing with the Paniai Case: Problems of the Unfinished Grassroots

This article discusses the roles of the government and the National Commission on Human Rights (Komnas HAM) in handling severe human rights violation cases in Paniai, Papua. The purpose of this article is to determine whether the National Commission on Human Rights handled the severe human rights violations in Paniai optimally. The article employs a qualitative research method as a research procedure that generates descriptive data in the form of written or oral words from individuals or things observed. For gathering information, interviews were used along with different types of literature, like journals, to look at the steps that the National Commission on Human Rights took and news stories from different media outlets about how they dealt with serious human rights violations in Paniai. This article uses the theory of institutional and institutional roles to examine the roles played by the National Commission on Human Rights. The research findings indicate that handling the severe human rights violation cases in Paniai creates problematic situations between the government and civilians. First, the National Commission on Human Rights attempts to adapt to external and social expectations. Second, the formation of an order between the majority and minority in the uniformity pattern of witness elements during the investigation stage conducted by the Attorney General. Other challenges include the back-and-forth return of investigation files, which hinders the process of handling the Paniai case by the National Commission on Human Rights.

Extrajudicial Market Conflict Resolution

The spatial conflict that occurred at Pasar Raya Padang involved parking attendtants, street vendors and shop traders who fought to control the same space. Lefebvre's theory is use to describe the struggle for space as a cause of conflict and Benda-Beckmann's theory to explain behavior in using conflict resolution forums. Through a qualitative approach and data analysis based on primary and secondary sources, this research evaluates the effectiveness of conflict resolution methods adopted by the City Government and seeks alternative solutions through external forums such as the DPRD, Ombudsman and Komnas HAM. The results show that conflict resolution and regulatory enforcement carried out by the City Government are not optimal, triggering conflict escalation. This has not yet reached a resolution, but external forums such as the DPRD, Ombudsman and Komnas HAM play an important role in supervising the implementation of regulations by the City Government and encouraging conflict resolution. Apart from that, this research also found that even though the cancellation or substantive changes to the rules have not been made, this external forum plays an important role in ensuring the safety of trading in the market. This shows that resolving space conflicts does not only involve changing rules, but also monitoring the implementation of existing rules. In terms of implementation, the results can be a recommendation for city governments to involve external forums in resolving spatial conflicts, especially in traditional markets. The results can also be a reference for other researchers who are interested in studying spatial conflict in a similar context. The novelty of this research lies in the discovery of the importance of external forums in monitoring the implementation of policies and conflict resolution mechanisms by city governments, something that has not been found in many previous studies examining spatial conflicts in traditional markets.

Tinjauan Yuridis Proses Alih Status Pegawai Komisi Pemberantasan Korupsi

Human rights and democracy are concepts of communion and social relations that were born from the history of human culture. Therefore, the notion of Indonesia being a rule of law is related to the concepts of human rights and democracy, and in fact what governs is the law, not the people. The MPR also established a legal umbrella for human rights with number XVII/MPR/1998. Based on this, a legal regulation was issued, namely Law Number 39 of 1999 concerning Human Rights (UU HAM), which has a vital capacity related to the most common ways of human rights in Indonesia. Recently, there was a case where there was an alleged act that was contrary to human rights, this involved KPK employees carrying out the National Insights Test (TWK) with the aim of changing the status of the previous status only as KPK but had to be transferred as a State Civil Apparatus. (ASN). The transfer of status of KPK Employees to ASN Employees with the TWK method as mandated by Perkom KPK Number 1 of 2021 is not fundamental to the regulations above, namely PP Number 41 of 2020 because the PP does not imply the existence of TWK implementation, and relates to the questions given during the TWK assessment with the interview method indicates human rights violations as regards the rights that have been violated that have been guaranteed by the 1945 Constitution and the Human Rights Law. With regard to Komnas HAM's authority to carry out investigations, it can only be carried out in cases of Serious Human Rights Violations (Crime of Genocide and Crimes against Humanity) while in cases of transferring the status of KPK employees it does not include Serious Human Rights Violations, as well as regarding the strength of recommendations that are non-binding and do not have sanctions in them, so that Komnas HAM's recommendations are relatively weak.

Pelanggaran Densus 88 Terkait Tersangka Terorisme Dalam Perspektif Hak Asasi Manusia

Terrorism is a sensitive discussion for Indonesia and internationally. At this time it is important to tackle this crime because it is very dangerous if it is taken lightly. In its efforts to eradicate terrorism, the Indonesian National Police through Densus 88 must have the principle of upholding the law and human rights, as well as not being intolerant. To carry out its duties, Densus 88 must be supervised by an independent institution. Any indication of human rights violations in eradicating terrorism needs to be avoided as much as possible by understanding and evaluating which are regulated in existing regulations, especially regarding the implementation of human rights principles and standards applied in carrying out the duties of the Republic of Indonesia Police. Komnas HAM is of the opinion that shooting to kill terrorist suspects should be avoided except in urgent situations and this must also be shown in a transparent manner and be held accountable according to the law.

Juridical Analysis of the National Inquiry of the Nation Human Rights Commision in Guaranteeing the Constitutional Existence of the Rights of Customary Law Communities to Customary Forest Areas

The National Inquiry on the Juridical Analysis of the National Commission on Human Rights (Komnas HAM) aims to ensure the constitutional existence of the rights of customary law communities over customary forest areas. The inquiry focuses on the rights of customary law communities over their territories in forest areas. The first book of the inquiry report, entitled "National Inquiry Report of the National Commission on Human Rights on the Rights of Customary Law Communities in Forest Areas," contains the national inquiry as well as the findings and recommendations. The report highlights that customary law communities have a recognized and protected position under Indonesian national law. However, they often experience arbitrary takeover of customary forests, takeover of customary forests without notification of the purpose and implications of their use, and discriminatory behavior by police, military, and government officials towards customary law communities. Therefore, legal protection for customary law communities over customary forests is necessary to ensure their constitutional rights.

The Evaluation of Alleged Defamation: A Forensic Linguistics Analysis

Defamation remains a prevalent occurrence on a global scale. In Indonesia, the fervor surrounding the outcomes of the 2014 presidential election contestation has led to a noticeable escalation in the level of fanaticism among supporters of the respective presidential and vice-presidential candidates. Frequently, the act of posting tweets on the social media platform Twitter can result in the author becoming entangled in a legal dispute pertaining to defamation. The objective of this research is to investigate the potential occurrence of defamation committed by Natalius Pigai, the former National Human Rights Commission (Komnas HAM) member. The analytical framework employed in this study to assess the linguistic techniques employed in the data, with the aim of identifying potential instances of defamation, was Appraisal Theory as proposed by Martin and White (2005). The data was extracted from a Twitter post authored by Natalius Pigai (@NataliusPigai2) on October 1, 2021. The findings indicated that Jokowi and Ganjar were subjected to poor evaluation in relation to their treatment of the Papuan population. The presence of this adverse evaluation also gives rise to the possibility of defamation in accordance with the provisions outlined in the Criminal Code and the ITE Law. The presence of credible factual evidence supports the assertion that Natalius Pigai's tweet can be classified as hate speech, which has the potential to result in defamation. The findings derived from this study could potentially facilitate the application of law enforcement strategies in the Indonesian police investigation, as well as in other nations that are undertaking comparable reforms to those observed in Indonesia.

Blurring Context and One-Sided: Kompas.com in Framing the West Papua Crisis

In September 2021, the conflict between West Papuan separatist groups and the Indonesian National Army (TNI) heated up. Kompas.com, one of Indonesia's media with the most extensive readership, contributes significantly to public understanding and perception of the West Papua crisis. This study aims to examine how Kompas.com frames the West Papua crisis on 7-30 September 2021. Framing analysis examines three important aspects of news framing: crisis frames, thematic and episodic frames, and news sources. The news regarding the West Papua crisis on 7-30 September 2020 was only filled with three frames: conflict, attribution of responsibility, and human interest. Kompas.com has tried to provide space for parties with a moderate position in the conflict, such as the Indonesian Medical Association (IDI), Komnas HAM (National Commission on Human Rights), and Kontras (The Commission for Disappeared and Victims of Violence). However, in general, the news is still very much dominated by news sources from the Indonesian government and the military and not using enough thematic frames. Kompas.com needs to be more comprehensive to report on the crisis in West Papua during the reporting period of 7-30 September 2020. Kompas.com also does not elaborate that the Free Papua movement is plural and fragmentary, with a spectrum of violent movements to peace movements. The conclusion of this study, Kompas.com tends to blur the context of the West Papua crisis, which risks limiting and directing public understanding of the West Papua crisis to exist within the government's frame.

REFORMULATION OF THE INSTITUTIONAL FUNCTIONS AND AUTHORITIES OF THE NATIONAL COMMISSION ON HUMAN RIGHTS

<p><em>The handling of serious human rights violations has become a strategic and prioritized issue for the National Commission on Human Rights (Komnas HAM). This conceptual article aims to evaluate law enforcement efforts regarding cases of serious human rights violations handled by Komnas HAM and identify the obstacles and challenges faced in the process of resolving these cases. The research findings indicate that Komnas HAM has completed investigations into 12 cases of serious human rights violations and forwarded them to the Attorney General's Office as the investigator and public prosecutor. However, the legal process for these cases has stagnated, especially those already decided by the Ad Hoc Human Rights Court, such as the cases of Timor Timur, Tanjung Priok, and Abepura, where the defendants were eventually acquitted. The main challenges faced are the limited willingness and capacity of the Indonesian State to resolve cases of serious human rights violations. Additionally, weaknesses in legal aspects and the political will of the Government and Law Enforcement Agencies also influence the law enforcement process concerning serious human rights violations. Therefore, the novelty offered lies in the importance of a comprehensive evaluation of respect, protection, and fulfillment of human rights as a critical step to enhance the effectiveness of law enforcement regarding serious human rights violations. A reassessment of strengthening Komnas HAM's authority is required to ensure legally binding measures and clear consequences for those who do not comply with Komnas HAM's recommendations.</em></p>

THE RIGHTS OF INDIGENOUS PEOPLES IN INDONESIA IN THE CONTEXT OF ‘RESPONSIBILITY TO PROTECT’

The concept of ‘responsibility to protect’ (RtoP) was adopted at the United Nations World Summit by the Member States in 2005. The first pillar of this principle laid down in paragraph 138 of the World Summit Outcome Document of the UN General Assembly obliges states to protect their population from genocide, war crimes, crimes against humanity, and ethnic cleansing. This paper aims to prove that Indonesia not only endorsed this idea at the diplomatic level but also implemented a mechanism which protects the indigenous community in the event of serious human rights violations. The Indonesian system is based on the state’s obligations arising from ratified international human rights treaties and the national institutions, such as the Indonesian National Commission on Human Rights (Komnas HAM) and Human Rights Courts that respond to the first pillar of the responsibility to protect. This paper presents the international and national legislation as well as the mechanism set up by the Indonesian authorities to protect indigenous people in cases of serious human rights violations. It focuses on examples of the actions undertaken by Komnas HAM and the ad hoc tribunal established at the permanent Human Rights Court in connection with situations where the rights of the Papuan people were violated. Despite the imperfection of the system, the conclusion is that the Indonesian state has the instruments necessary to protect the rights of the indigenous communities according to the RtoP principle embodied in paragraph 138 of the UN World Summit Outcome Document.

CRIMINALIZATION OF POLYGAMY

There are many cases that occur within the scope of family law, especially in marriage. One of the cases that is most highlighted in the community because of its sensitive nature is polygamy. Therefore, this study will explain how polygamy is one of the triggers for criminal acts and causes the perpetrators to receive sanctions or punishments. This research methodology uses library research which is a qualitative research, namely research by examining and analyzing data from library sources, either in the form of books, papers, journals and others related to polygamy and all its legal consequences. The conclusions obtained in this paper are that the criminalization of polygamy here is understood as an attitude that categorizes the practice of polygamy as a criminal act, which is threatened with certain forms of crime, both imprisonment and fines. The legal provisions in force in the Republic of Indonesia do not prohibit polygamous marriages, but also do not allow them to be free without rules. The Republic of Indonesia regulates it with strict and clear terms and conditions as stated in the provisions of the applicable laws and regulations, KUHP, UU PKDRT, UU No.1/1974 which also applies very strict conditions for the practice of polygamy, especially the fulfillment of physical and spiritual needs for children and wives who are not the only one. As data from KOMNAS HAM which notes that polygamous marriages are vulnerable to neglect of family needs and livelihoods, they fall into the category of domestic violence in the form of economic neglect. Criminal sanctions against polygamy that violate the legal provisions in the three applicable regulations above, can be in the form of: (1) the threat of imprisonment for five to seven years for men who marry even though their marriage has existed before which becomes a legal barrier. ; (2) a maximum imprisonment of 3 months or a maximum fine of Rp. 7,500. ; (3) imprisonment for a maximum of 3 (three) years or a fine of a maximum of Rp. 9,000,000.00 (nine million rupiahs) and or a maximum imprisonment of 4 (four) months or a maximum fine of Rp. 3,000,000.00 (three million rupiah).
 Keyword: Poligamy, Criminalization, Criminal sanctions.

Efektifitas Pemberian Hasil Rekomendasi Penyelidikan Komnas HAM Terhadap Dugaan Pelanggaran HAM Kepada Lembaga Negara

Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.

IMPORTANCE OF IMPLEMENTATION AND ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA NOW

There are still many human rights violations in Indonesia, starting from the lightest to the most serious in the implementation of human rights, and there is no mechanism for handling these human rights. From this research using literature review which aims to learn from existing references to understand the meaning of human rights and apply the values of Pancasila which contain the values of civilized human principles because they are the enforcement of human rights in civic life so that students can appreciate it more. the rights of everyone by not violating human rights. This human right has the power of fundamental or fundamental power. Currently, there are violation cases that have occurred because many people still do not understand the violation cases so that it is easier for people to violate the rights of others. Protection and maintenance of human rights within a national institutional framework is established in an institution such as the Indonesian Child Protection Commission (KPAI), the National Commission for Women (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the Truth and Reconciliation Commission (KKR), was dissolved because the KKR might not be responsible and did not carry out its function properly. Currently, human rights law enforcement is carried out specifically through the judiciary, whose Human Rights Courts target serious human rights courts, and which have the authority to test the 1945 Constitution, namely the constitutional court. These rights are largely upheld by the Constitutional Court, and many unlawful decisions have been made. This decision has strategic value, so that it can protect the human rights of citizens.

Penerapan Metode RAD Pada Perancangan Sistem Informasi Permohonan Data Aduan Smartmaps Berbasis Web

Current progress in the development of information technology, makes every government agency or private organization, must be able to balance and develop capabilities in terms of data and information management. Komnas HAM is one of the government agencies, which is directly related to the provision of public information to the public, requiring an information system for the process of providing this information flow. The public is allowed to submit requests for data, such as data on complaints of cases that have occurred, for which information is needed. Currently the process of requesting data is still being carried out by the public coming directly to fill out the data request form, then it will be processed by the relevant section at Komnas HAM, after the data request is approved, the requested complaint data document will be sent via POS. This system still has weaknesses, because the applicant's side cannot monitor the progress of the data application process whether it is approved or not, the applicant is only asked to wait and if the document is sent by post, the application is approved. This Web-Based Smartmaps Complaint Data Application Information System can be a solution, to facilitate the process of requesting data requested by the public. This system was designed by applying the Rapid Application Development (RAD) method in the system design stage, and the system will be built using the programming language PHP 7.3, MySQL 5.7, Nginx and PHP-FPM 7.4, Laravel 7 Framework and Bootstrap Template Design 4.0. This system, after testing using blackbox testing in its application, is proven to have provided convenience and the best service to people who have an interest in complaint data.

Penegakan Hukum HAM dalam Bingkai Hukum Progresif Berdasarkan Kasus Paniai di Papua

In Indonesia, there is a need for a new legal breakthrough in the enforcement of human rights law. Progressive law can be used as a legal thought in enforcing human rights law. Considering progressive law is a law that does not rely on the text of the law alone but can be sourced from the values of people's lives. This study will discuss the Enforcement of Human Rights Law in a Progressive Legal Perspective. Efforts to enforce human rights law and protect human rights in Indonesia, apart from being regulated through regulations, can also be legally processed through human rights courts. The thing that underlies the urgency of the Progressive legal approach is that the judiciary, which is a justice enforcement agency, has not provided the best results in the justice enforcement process. What needs to be emphasized and underlined is that progressive law is different from other laws which prioritize strict procedures rather than prioritizing the objectives of the law itself. Enforcement of human rights law is often difficult, due to the many requirements and regulations as well as political dynamics that hinder the legal process for enforcing human rights law. Komnas HAM as an institution that has responsibility for the implementation of human rights law enforcement, preferably in the process of resolving human rights law, or seeking human rights justice, does not only build a legal rationale based on the positivistic paradigm.

The Role and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights

This study aims to analyze the implementation of Komnas HAM's authority in resolving cases of human rights violations associated with the rule of law. To describe law enforcement efforts to resolve cases of human rights violations in the future to provide legal certainty. The polemic of resolving past gross human rights violations continues to be delayed. The regime in power since the reformation has not been able to solve it because of technical juridical problems and has a special nuance, making it difficult to hold a human rights court for perpetrators in a fair and impartial manner. This research uses a normative juridical research method using written data in statutory regulations (library research) using books, journals and articles as sources. The results of this study first show that Law No. 39 of 1999 concerning Human Rights, Komnas HAM, was given 4 powers, namely: investigation, counseling, mediation and assessment. In terms of the authority to investigate, Komnas HAM is given full authority by the Human Rights Act, but this is still lacking if Komnas HAM is not given the authority to investigate at once because after conducting an investigation of human rights violations, usually, these cases will disappear without news and clarity. While the authority in mediation and counseling is appropriate as a form of prevention so that human rights violations do not occur, in carrying out its duties, Komnas HAM should not be intervened by anyone considering its position as an independent state institution.

Legal Analysis of the Disparity Between Indonesia's Legal Basis and Its Implementation in Protecting Human Rights

The power that is held by human rights might be described as fundamental or basic in nature. People are able to more readily violate the rights of others since many people still do not understand how violation cases work. As a result, there are cases of violations that occur at the present time. A qualitative research method that takes an approach based on statutory regulation is the one that was used for this study. According to the findings presented in the conclusion, the protection and maintenance of human rights within the national institutional framework are established in institutions such as the National Women's Commission (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the Commission on Truth and Reconciliation. These institutions include the Indonesian Child Protection Commission (KPAI), the National Commission on Human Rights (Komnas HAM), and the Commission on Truth and Reconciliation (TRC). Despite this, the KKR was dissolved because it was seen to be incapable of performing its duties in an adequate manner.

Ekonomi Politik Media Lokal (Framing Pemberitaan Pelanggaran HAM Di Kalimantan Timur)

The backdrop of this research is set upon the fact that the media exist in the setting of a growing democracy. Media play strategic roles in responding to events. At the local level, local events result from the repeated process of production and reproductions by the press. One of such local events in East Kalimantan was the findings of the National Committee for Human Rights (KOMNAS HAM) on the human rights abuse related to extractive industries, as mentioned in the 2016 report of the organization and had been stated again in 2019. Thus, local media responded to such findings by producing news about it. The findings of this research are that local media, Times Indonesia (national media network), opted not to mention the abuses due to arguments on internal policy and limited resources available to conduct the journalistic activity. Other media, Samarinda Pos and Kaltim Kece, responded differently to the report. The differences regarding the responses of those media outlets are based on applying Robert N. Entman's framing analysis on problem definition, diagnosis of causes, moral judgment, and treatment recommendation. Moreover, this research also showcases the practice of commodification by the media when they talk about human rights abuses.

PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.