Legal Problems In The Protection of Human Rights Defenders In National Human Rights Commission Regulation Number 5 of 2015

Abstract

Human rights are fundamental rights inherent to every individual and are guaranteed in Indonesia through Articles 28A–28J of the 1945 Constitution and Law No. 39/1999. Despite this framework, human rights defenders (HRDs) continue to face increasing threats, including criminalization, intimidation, and violence, as demonstrated in national and global reports. In response, the National Commission on Human Rights (Komnas HAM) issued Regulation No. 5 of 2015 concerning the Protection of Human Rights Defenders; however, its effectiveness remains limited due to weak legal authority, non-binding mechanisms, unclear definitions, and inadequate coordination with law enforcement and other state institutions. This study employs normative legal research, employing both legislative and conceptual approaches, to evaluate the authority of Komnas HAM and the legal status of the regulation. The research findings reveal that existing laws do not explicitly mandate Komnas HAM to protect HRDs, resulting in significant regulatory gaps. The study concludes that stronger and more binding national policies are needed to ensure effective and sustainable protection for human rights defenders in Indonesia.