3.1.
External Approaches
3.1.1. Revision of Regulation, Decision, and Policy
One of the external approaches is the approach to revision of regulations,
decisions, and policies where Komnas HAM is not a determinant of the making of
these products as previously discussed in the study entitled “Strengthening the
Position and the Roles of the National Commission on Human Rights in Supporting
the Achievement of the Sustainable Development Goals in Indonesia”.63 Despite this,
Komnas HAM in Article 89 Paragraph (1) Letter b of Law 39/1999 has the authority
to conduct: “An assessment and research on various laws and regulations to provide
recommendations regarding the establishment, amendment, and revocation of laws
and regulations relating to human rights”.64
To be able to achieve such regulation changes, there is a need for a process
of communication up to the making of an academic draft. Komnas HAM itself actively
supports the formation of human rights legislation, such as through the FGD on the
establishment of the Local Regulation for Religious Harmony in Kulon Progo 31
August 2021.65 Furthermore, Komnas HAM has also issued Standard Norms and
Settings which aim to become an interpretative instrument to assess and interpret
certain human rights norms and conditions in Indonesia.66 The Standard Norms and
Settings are as follows:67
No.
1.
Standard Norms and Settings
Relevant SDGs
Standard Norms and Settings Number 1 Targets 1.2, 1.4, 2.3, 4.1, 4.5, 4.7,
concerning the Elimination of Racial and 4.a, 5.1, 5.2, 5.5, 5.a, 5.c, 8.5, 8.7,
Ethnic Discrimination
8.8, 10.2, 10.3, 11.1, 16.1, 16.3,
16.7, 16.9, 16.10, 16.b, and
17.18.
Komnas HAM, “Research: Strengthening the Position and the Roles of the National Commission on
Human Rights in Supporting the Achievement of the Sustainable Development Goals in Indonesia” (n.
2).
64 The Law 39/1999 (n. 19), Article 89 Paragraph (1) Letter b, translated by authors.
65 Andri Ratih, “Komnas HAM Mendukung Raperda Kerukunan Umat Beragama” [Komnas HAM
Supports the Local Regulation Draft on Religious Harmony], Komnas HAM, published on 2 September
2021, https://www.komnasham.go.id/index.php/news/2021/9/2/1879/komnas-ham-mendukung-raperd
a-kerukunan-umat-beragama.html.
66 Mimin Dwi Hartono, “Tujuan Pembangunan Berkelanjutan dan Pemajuan serta Penegakan HAM:
Pembelajaran dan Langkah ke Depan" [“Sustainable Development Goals and the Promotion and
Enforcement of Human Rights: Lessons and Steps Forward” (PowerPoint Presentation on Webinar
“Internal Campaign for Sustainable Development Goals at Komnas HAM: Sustainable Development
Goals in the Context of Promoting and Enforcement of Human Rights in Indonesia”)], 20 December
2021.
67 Ibid.
63
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