RESEARCH
to understand its bindingness to Indonesia, further analysis for each content is required).12
The international instrument mentioned above will not be discussed in a specific manner,
since the identification of connection between the SDGs and human rights has been done
by the OHCHR. For each of the international instruments that legally binds Indonesia in
the said identification made by the OHCHR, could indeed be used as a basis to support the
expansion of roles of the NCHR in all goals in the SDGs.13
In the context of this research, the main focus of discussion lies in the Law 39/1999
particularly with regards to what human rights aspects are relevant to the 17 SDGs. The
NCHR has a close connection with the rights in the Law 39/1999 since the NCHR and
those rights are both regulated under the Law 39/1999.14 Aside from the Law 39/1999,
there are several other relevant products of national law where the NCHR is given specific
roles, namely the Law of the Republic of Indonesia Number 40 of 2008 concerning
Eradication of Discrimination against Race and Ethnicity (hereinafter Law 40/2008).15 In
the Law 40/2008, the NCHR is given the authority to supervise the eradication of acts of
discrimination against race and ethnicity.16 In general, articles related to the discrimination
act in the Law 40/2008 are relevant with, for example, Target 10.2. in the SDGs.17 Besides
that, there is also the Law of the Republic of Indonesia Number 7 of 2012 concerning
Social Conflict Management where the NCHR is a part of the duties force in the event of
national scale conflict.18 Social conflict could be connected to, for example, the significant
reduction of violence which would serve to contribute to the achievement of Target 16.1.19
12
Office of the High Commissioner for Human Rights, “Summary Table on the Linkages Between the
SDGs and Relevant International Human Rights Instruments,” accessed on 30 December 2020, https://
www.ohchr. org/Documents/Issues/MDGs/Post2015/SDG_HR_Table.pdf (first link: https://www.ohchr.
org/en/issues/SDGS/ pages/the2030agenda.aspx). See also: Office of the High Commissioner for Human
Rights, “Transforming Our World: Human Rights in the 2030 Agenda for Sustainable Development”
accessed on 30 December 2020, https://www.ohchr.org/Documents/Issues/MDGs/Post2015/
HRAndPost2015.pdf. As a comparison on the relation between human rights and the SDGs in the context
of international instrument, see also: Danish Institute for Human Rights, The Human Rights Guide to the
SDGs, DIHR, accessed on 12 January 2021, https://www.humanrights.dk/human-rights-guide-sdgs. One
of the treaties that has become a part of Indonesian law, for instance, the International Covenant on Civil
and Political Rights, see: Law of the Republic of Indonesia Number 12 of 2005 concerning Ratification
of the International Covenant on Civil and Political Rights (Kovenan Internasional Tentang Hak-Hak
Sipil Dan Politik) (authorised on 28 October 2015, promulgated on 28 October 2015).
13
Law 39/1999 (n. 9), Considering Letter d, Article 7 along with the explanation, Article 67, Article 71,
General Explanation. See also: Article 89 Paragraph (1) Letter a.
14
See in general: ibid., Law 39/1999.
15
Undang-Undang Republik Indonesia Nomor 40 Tahun 2008 tentang Penghapusan Diskriminasi
Ras dan Etnis [Law of the Republic of Indonesia Number 40 Year 2008 concerning the Eradication
of Discrimination against Race and Ethnicity] (authorised on 10 November 2008, promulgated on 10
November 2008) (hereinafter: Law 40/2008), Article 8 and its explanation and Article 10 Letter b and its
explanation.
16
Ibid., Law 40/2008, Article 8 and its explanation, See also: Article 10 Letter b and its explanation.
17
(1) Ibid., Law 40/2008, Article 4; and (2) UNGA Res. 70/1 (n. 2), 21 (Goal 10, Target 10.2.).
18
Undang-Undang Republik Indonesia Nomor 7 Tahun 2012 tentang Penanganan Konflik Sosial [Law of
the Republic of Indonesia Number 7 Year 2012 concerning the Social Conflict Management] (authorised
on 10 May 2012, promulgated on 10 May 2012) (hereinafter: Law 7/2012), Article 49 Paragraphs (1)-(2)
and Article 45 Letter c.
19
(1) Ibid., Law 7/2012, Article 12 Letter (a) and its explanation; and (2) UNGA Res. 70/1 (n. 2), 25, (Goal
16, Target 16.1.).
3