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I.
Introduction
1.
The Indonesian National Human Rights Commission (Komisi Nasional Hak Asasi
Manusia”, popularly known and referred to by its acronym “Komnas HAM”), provides this
submission to the United Nations Committee against Torture (hereafter the Committee)
with regard to the Indonesia’s implementation of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment and Punishment (CAT).
II.
Komnas HAM’s Role to Monitor Indonesia’s Compliance with CAT
2.
The Indonesian National Commission on Human Rights (hereafter called: Komnas
HAM) is an independent institutions, equal with another states institutions. Under the Law
39/1999 Concerning Human Rights Komnas HAM has objective to:
a. develop conditions conducive to the execution of human rights in accordance
with Pancasila, the 1945 Constitution, the United Nations Charter, and the
Universal Declaration of Human Rights; and,
b. improve the protection and upholding of human rights in the interests of the
personal development of Indonesian people as a whole and their ability to
participate in several aspects of life.
(article 75 Law 39/999 Concerning Human Rights)
3.
To achieve the aims, Article 76 states that the National Commission on Human
Rights functions to study, research, disseminate, monitor and mediate human rights issues.
Article 89 of the Law 39/1999 further states that:
(1) To carry out the functions to study and research, 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: