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

Abstract

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.