(4) To carry out its function as mediator as referred to in Article 76, the National
Commission on Human Rights is charged with and authorized to:
a. arbitrate between the two parties;
b. resolve cases through consultation, negotiation, mediation, conciliation and
expert evaluation;
c. give recommendations to the parties for resolving conflict through the courts;
d. submit recommendations concerning cases of human rights violations to the
Government in order that their resolution may be followed up on;
e. submit recommendations concerning cases of human rights violations to the
House of Representatives of the Republic of Indonesia for their follow up.
Article 90
(1) All people and groups of people who have strong grounds that their human
rights have been violated may submit an oral or written complaint to the National
Commission on Human Rights.
(2) Complaints will be dealt with only if the true identity of the complainant is made
known, and if adequate and clear evidence/statement of the subject matter of
the complaint is provided.
(3) In the case in which a complaint is made by a third party, the complaint must
have the approval of the party whose rights have been violated as victim, with
the exception of certain human rights violations as based on the consideration of
the National Commission on Human Rights.
(4) Violation of human rights as referred to in clause (3) also covers complaints
made by proxy concerning violation of human rights experienced by the public
Article 91
(1) Investigation shall not be undertaken, or shall be suspended if already underway,
in the event that:
a. there is insufficient evidence;
b. the subject matter of the complaint is not a violation of human rights;
c. the complaint is not presented in good faith, or if the complainant is not in
earnest;
d. more effective legal measures are available to resolve the complaint;
e. resolution through available legal means, in accordance with the law.
(2) The mechanism for executing the authority not to undertake or to suspend
investigation as referred to in clause (1) is set forth in the Rules and Regulations
of the National Commission on Human Rights.