EKSISTENSI KOMISI NASIONAL HAK ASASI MANUSIA DITINJAU DALAM SISTEM KETATANEGARAAN INDONESIA

Abstract

The existence of human rights values is a fundamental part of a country that
adheres to the concept of the rule of law (rechtstaat). Besides that human rights values are
also regulated directly in the 1945 constitution. The birth of the National Human Rights
Commission (Komnas HAM) is part of the long process of transitioning the Indonesian
nation to a better direction in terms of increasing protection and upholding human rights in
order to protect its people from arbitrary actions by the authorities. However, ironically,
during the establishment of Komnas HAM, its current existence has not been able to have a
positive and significant impact on the sustainability of human rights enforcement. The
current limited powers, duties, and institutions have resulted in Komnas HAM not being
able to optimally handle human rights issues, its existence is expected to be a bridge for
enforcing and resolving allegations of gross human rights violations. Therefore, as a state
of law that upholds the values of human rights, Komnas HAM needs special attention and a
legal political attitude from the goverment and he people’s representative council. The
purpose of this study was to determine the existence of Komnas HAM in terms of the
Indonesian constitusional system and how the ideal model of Komnas HAM will be in the
future.
This research is a normative legal research. This is based on library research that
takes quotes from reading books, or supporting books that have something to do with the
problem to be studied. This study uses secondary data sources consisting of primary,
secondary, and tertiary book materials. This study also uses qualitative data analysis and
produces descriptive data.
From the result of the research and discussion carried out, there are several
conclusions obtained, namely : First, the currenct existence of Komnas HAM is still far from
the expectations and spirit of enforcing human rigts, such as institutions, functions, and
limited authority , resulting in the Komnas HAM institutions not being able to effectively
enforce human rights. Maximally address human rights issues. Second, Komnas HAM must
improve and establish synergy with state institutions such as the prosecutor’s office, the
people’s representative council and the goverment, as well as invite community
participation so that later they will be able to evercome human rights problems. The
author’s suggestions, first, is that it is hoped that by strengthening the Komnas HAM
institutions as a whole by making a separate law or law regarding the Komnas HAM
institutions, so that later the functions and authorities of these state institutions become
stronger, especially in the process of investigating, investigating, and prosecuting rights
violations. Heavy human rights in the past and present can be handled properly, second, it
is hoped that the participation of the goverment and people’s representative council, along
with related parties such as Komnas HAM, the attorney general’s office and community
participation will sit together to formulate the idea Komnas HAM in the future.
Keywords : Komnas HAM – State Institutions – State Administration