KEDUDUKAN KOMISI NASIONAL HAM DALAM KONSTITUSI DAN KETATANEGARAAN

Abstract

This study aims to determine (1) the implementation of the protection of the constitutional rights of citizens, (2) the position of Komnas HAM in the Indonesian constitutional framework, (3) the authority of Komnas HAM in investigating human rights violations. Research Methods: This type of normative legal research uses a statutory approach and a conceptual approach. Research findings: (1) Law enforcement cannot be fully blamed for the legal setback experienced by the Indonesian people, because the current legal decline is the result of the incompleteness of various components in the legal system (legal structure, legal materials, legal culture) and a large part of the importance of each law. aspects of community life, (2) The position (status) of the National Human Rights Commission (Komnas HAM) in the structure of the Indonesian administration is in the institutions that form it, namely the President and DPR because in carrying out its functions, duties and authorities this commission must provide reports to the President and DPR . And the position of Komnas HAM as an independent state commission in the constitutional structure of the Republic of Indonesia is still positioned under the high state institutions as an additional or supporting state institution. (3) Komnas HAM has the authority to investigate human rights violations in carrying out its supervisory function. This is a form of deviation from the perspective of formal criminal law, because the authority to carry out investigations generally belongs to the Police, but in relation to gross human rights violations, the authority to carry out investigations is given to Komnas HAM. Komnas HAM only has the authority to carry out investigations, while investigations are carried out by the Attorney General.