Efforts to Protect and Uphold Human Rights: Establishment of Human Rights Institutions

By  Akhmad Zamroni

Source: www.imcnews.id

Efforts to protect and enforce human rights are deemed incomplete if only relying on statutory regulations. The day after the proclamation of independence, Indonesia already has a legal basis for human rights, namely the Undang-Undang Dasar Negara RI Tahun 1945 (1945 Constitution of the Republic of Indonesia), but for decades under the Orde Lama and Orde Baru governments the Indonesian people still experience human rights violations. The protection and enforcement of human rights by relying solely on laws and regulations have not produced optimal results ––  at least this is the case in Indonesia.

For this reason, the existence of statutory regulations is deemed necessary to be equipped with other instruments. Other instruments referred to, among others, are human rights institutions. It is important to establish an institution that specifically deals with human rights issues to strengthen efforts to protect and enforce human rights. It is hoped that such an institution can become the infrastructure for improving and advancing the condition of human rights.

To maximize their performance, specialized human rights institutions themselves are also required to meet certain, stringent requirements. The requirement is that the institution must be independent (neutral) and consist of qualified people who have great concern in the protection and enforcement of human rights. It should be added that the independent character implies being free from government interference and influence.

The involvement of government officials in human rights institutions is considered to reduce the institution's performance. This is because government officials are generally still bound by government influence and interests. Evidence shows that most of the human rights violations in Indonesia have been committed by government officials –– for the future, the situation is also predicted to be the same. That is why, if a human rights institution consists of people who are still active in the government or are influenced by the government, it is feared that this institution will fall into a government institution that will never be able to carry out efforts to protect, enforce, improve and promote human rights as such.

The need for the existence of human rights institutions in our country has begun to be fulfilled with the formation of the Komisi Nasional Hak Asasi Manusia/National Human Rights Commission (Komnas HAM) commonly abbreviated as in 1993. However, at that time, because it was formed by a presidential decree and was still under the influence of the Orde Baru government, Komnas HAM did not show the performance as expected. This again proves that government involvement tends to negatively affect the performance of human rights institutions.

Another institution that resembles a human rights institution has previously been established, namely the LBHI (Lembaga Bantuan Hukum Indonesia/Indonesian Legal Aid Institute). This institution actually has the main mission of providing assistance and advocacy (defense) in the legal process. However, because they often provide assistance and advocacy to people who experience human rights violations, LBHI is considered worthy of being categorized as a human rights institution because it has contributed to the protection, enforcement, improvement and advancement of human rights in Indonesia.

The same thing applies to an institution called Kontras (Komisi untuk Orang Hilang dan Korban Tindak Kekerasan/Commission for Missing Persons and Victims of Violence). This institution, which was once led by a prominent human rights defender, Munir, has a very prominent role in the protection and enforcement of human rights in the period leading up to and after the collapse of the Orde Baru regime. Their role complements the role previously played by LBHI.

Apart from that, in 2000, the initiative to establish another institution with duties related to human rights was initiated. At that time, according to the plan, the institution in question would be named the Komisi Kebenaran dan Rekonsiliasi /Truth and Reconciliation Commission (KKR). This last institution will be established to solve the problem of human rights violations and abuses of power that occurred in the past within the framework of national harmony.