“Article 81(5) of the Law provides that the position, duties, responsibilities and organizational structure of the Secretariat General of the Komnas HAM shall be set forth in a Presidential Decree. This was noted as an issue of concern by the SCA during its 2007, 2012 and 2014 reviews of Komnas HAM. 

The SCA notes that Komnas HAM has issued Regulation Number 2/Perses/III/2015 for the organization and administration of the Secretariat General. However, Komnas HAM acknowledges that the Regulation does not supersede the Law and the Presidential Decree issued thereunder concerning the Secretariat General. 

The SCA therefore encourages Komnas HAM to advocate for amendment of its enabling Law to allow it to independently determine the position duties responsibilities and organizational structure of the Secretariat General.”