Ministry of Law and Human Rights

Ministry of Law and Human Rights
Kementerian Hukum dan Hak Asasi Manusia
	Emblem of the Ministry of Law and Human Rights
	Flag of the Ministry of Law and Human Rights
Ministry overview
Formed	19 August 1945
Jurisdiction	Government of Indonesia
Headquarters	Jalan H.R. Rasuna Said Kav. 6-7; Jakarta Selatan 12940; Jakarta, Indonesia
Motto	Pengayoman; (Aegis)
Minister responsible	Yasonna Laoly, Minister of Law and Human Rights;
Website	www.kemenkumham.go.id

Last updated March 08, 2024

The Ministry of Law and Human Rights is an Indonesian ministry that administers laws and human rights. It is responsible to the president, and is led by the Minister of Law and Human Rights, Yasonna Laoly, since 27 October 2014. The first minister was Soepomo.

History

Nomenclature

The Ministry of Law and Human Rights was established 19 August 1945 as the Department of Justice (Departemen Kehakiman).^[1] The preceding agency in the Dutch Colonial Era was Dutch : Departemen Van Justitie, based on Herdeland Yudie Staatblad No. 576. In 2001-2004, this ministry was known as the Department of Law and Legislation (Departemen Hukum dan Perundang-undangan). In 2004-2009, this ministry was known as the Department of Law and Human Rights (Departemen Hukum dan Hak Asasi Manusia). Since 2009, it has been known as Ministry of Justice and Human Rights (Kementerian Hukum dan Hak Asasi Manusia).^[1]

Responsibility

The Department of Justice, as of 1945, was responsible in matters of court, jail, and attorneys. Its responsibilities were expanded to include the Attorney and Topography Agency in 1945. However, the Topography Agency was transferred to the Department of Defense in 1946. The creation of the Department of Religious Affairs resulted in transferring the Islamic High Court (Mahkamah Islam Tinggi) to a new department on 3 January 1946. Since 22 July 1960, the office Attorney General is elevated into a position that equal to a ministerial office. hus, Attorney is independent to Minister of Justice since then. Transfer of General Court (Peradilan Umum) and State Administration Court (Pengadilan Tata Usaha Negara) to Supreme Court (Mahkamah Agung) is started from 1999 and finished on 31 March 1999. Thus, the Ministry has different responsibility.^[1]

Organization

Based on Presidential Regulation No. 18/2023,^[2] as well as Ministerial Regulation No. 28/2023 on the Ministry Organization and Administration,^[3] the Ministry of Law and Human Rights is organized into the following:

Leadership elements

Office of the Minister of Law and Human Rights (Menteri Hukum dan Hak Asasi Manusia)
Office of the Deputy Minister of Law and Human Rights (Wakil Menteri Hukum dan Hak Asasi Manusia)

Secretariat

Secretariat General (Sekretariat Jenderal) headed by a Secretary General, tasked with coordinating duties, guidance, and administrative support provision for all units within the Ministry. The Secretariat General oversees several units, which follow:
- Bureau of Planning (Biro Perencanaan);
- Bureau of Human Resource (Biro Kepegawaian);
- Bureau of Finance (Biro Keuangan);
- Bureau of State-owned Property Management (Biro Pengelolaan Barang Milik Negara);
- Bureau of Public Relations, Law, and Cooperation (Biro Hubungan Masyarakat, Hukum, dan Kerja Sama); and
- Bureau of General Affairs (Biro Umum).

Directorates-General

Directorate General of Legislation (Direktorat Jenderal Peraturan Perundang-undangan), tasked with legislation drafting and legislation policy development. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Legislation Drafting (Direktorat Perancangan Peraturan Perundang-undangan);
- Directorate of Legislation Harmonization I (Direktorat Harmonisasi Peraturan Perundang-undangan I);
- Directorate of Legislation Harmonization II (Direktorat Harmonisasi Peraturan Perundang-undangan II);
- Directorate of Regional Legislation Facilitation and Legislation Drafter Management (Direktorat Fasilitasi Perancangan Peraturan Daerah dan Pembinaan Perancang Peraturan Perundang-undangan);
- Directorate of Legislation Enactment, Translation, and Publication (Direktorat Pengundangan, Penerjemahan, dan Publikasi Peraturan Perundang-undangan); and
- Directorate of Legislation Litigation (Direktorat Litigasi Peraturan Perundang-undangan).
Directorate General of General Legal Administration (Direktorat Jenderal Administrasi Hukum Umum), tasked with policy making and execution in matters relating to general administration of law. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Private Law (Direktorat Perdata);
- Directorate of Criminal Law (Direktorat Pidana);
- Directorate of Constitutional Law (Direktorat Tata Negara);
- Directorate of Central Authority and International Law (Direktorat Otoritas Pusat dan Hukum Internasional);
- Directorate of Corporations (Direktorat Badan Usaha); and
- Directorate of Information Technology (Direktorat Teknologi Informasi).
Directorate General of Correction (Direktorat Jenderal Pemasyarakatan), tasked with policy making and execution in matters relating to criminal corrections. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Detainee and Juvenile Management, Confiscated Object Management, and State Booties (Direktorat Pelayanan Tahanan dan Anak dan Pengelolaan Benda Sitaan dan Barang Rampasan Negara);
- Directorate of Inmate and Juvenile Management (Direktorat Pembinaan Narapidana dan Anak Binaan);
- Directorate of Correctional Guidance and Correctional Restorative Justice Measures (Direktorat Bimbingan Kemasyarakatan dan Upaya Keadlian Restoratif Pemasyarakatan);
- Directorate of Security and Intelligence (Direktorat Keamanan dan Intelijen);
- Directorate of Healthcare and Rehabilitation (Direktorat Perawatan Kesehatan dan Rehabilitasi); and
- Directorate of Information Technology and Cooperation (Direktorat Teknologi Informasi dan Kerja Sama).
Directorate General of Immigration (Direktorat Jenderal Imigrasi), tasked with policy making and execution on matters relating to immigration. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Immigration Traffic (Direktorat Lalu Lintas Keimigrasian);
- Directorate of Immigration Residence Permit (Direktorat Izin Tinggal Keimigrasian);
- Directorate of Immigration Intelligence (Direktorat Intelijen Keimigrasian);
- Directorate of Immigration Supervision and Enforcement (Direktorat Pengawasan dan Penindakan Keimigrasian);
- Directorate of Immigration Cooperation (Direktorat Kerja Sama Keimigrasian); and
- Directorate of Immigration Information System and Technology (Direktorat Sistem dan teknologi Informasi Keimigrasian).
Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual), tasked with policy making and execution on matters relating to intellectual property rights management. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Copyrights and Industrial Designs (Direktorat Hak Cipta dan Desain Industri);
- Directorate of Patents, Layout Designs of Integrated Circuit, and Trade Secrets (Direktorat Paten, Desain Tata Letak Sirkuit Terpadu, dan Rahasia Dagang);
- Directorate of Trademarks and Geographical Indications (Direktorat Merek dan Indikasi Geografis);
- Directorate of Intellectual Property Cooperation and Empowerment (Direktorat Kerja Sama dan Pemberdayaan Kekayaan Intelektual);
- Directorate of Intellectual Property Information Technology (Direktorat Teknologi Informasi Kekayaan Intelektua); and
- Directorate of Intellectual Property Investigation and Dispute Settlement (Direktorat Penyidikan dan Penyelesaian Sengketa).
- Coordinated Bodies (Badan yang dikoordinasikan):
  - Patent Appeal Commission (Komisi Banding Paten)
  - Trademark Appeal Commission (Komisi Banding Merek)
Directorate General of Human Rights (Direktorat Jenderal Hak Asasi Manusia), tasked with policy making and execution on matters relating to human rights. It is subdivided into several units, as follow:
- DG Secretariat;
- Directorate of Public Communication Service (Direktorat Pelayanan Komunikasi Masyarakat);
- Directorate of Human Rights Cooperation (Direktorat Kerja Sama Hak Asasi Manusia);
- Directorate of Human Rights Dissemination and Empowerment (Direktorat Diseminasi dan Penguatan Hak Asasi Manusia);
- Directorate of Human Rights Instrument (Direktorat Instrumen Hak Asasi Manusia); and
- Directorate of Human Rights Facilitation and Information (Direktorat Fasilitasi dan Informasi Hak Asasi Manusia).

Inspectorate

Inspectorate General (Inspektorat Jenderal) is headed by an Inspector General, and tasked with implementing internal monitoring within the Ministry. The Inspectorate General oversees several units, as follow:
- IG Secretariat;
- Regional Inspectorate I;
- Regional Inspectorate II;
- Regional Inspectorate III;
- Regional Inspectorate IV;
- Regional Inspectorate V; and
- Regional Inspectorate VI.

Agencies

National Law Development Agency (Badan Pembinaan Hukum Nasional), which consists of several units:
- Agency Secretariat;
- Center for National Law Planning (Pusat Perencanaan Hukum Nasional);
- Center for National Law Analysis and Evaluation (Pusat Analisis dan Evaluasi Hukum Nasional);
- Center for National Law Documentation and Information Network (Pusat Jaringan Dokumentasi dan Informasi Hukum Nasional); and
- Center for Legal Cultivation and Aid (Pusat Pembudayaan dan Bantuan Hukum).
Strategic Agency of Law and Human Rights Policies (Badan Strategi Kebijakan Hukum dan Hak Asasi Manusia), which consists of several units:
- Agency Secretariat;
- Strategic Policies Center for Formation and Enforcement of Law and Human Rights (Pusat Strategi Kebijakan Pembentukan dan Penegakan Hukum dan Hak Asasi Manusia);
- Strategic Policies Center for Law and Human Rights Services (Pusat Strategi Kebijakan Pelayanan Hukum dan Hak Asasi Manusia);
- Strategic Policies Center for Law and Human Rights Administration (Pusat Strategi Kebijakan Tata Kelola Hukum dan Hak Asasi Manusia); and
- Strategic Evaluation and Information Center for Law and Human Rights Policies (Pusat Strategi Evaluasi dan Informasi Kebijakan Hukum dan Hak Asasi Manusia).
Human Resource Development Agency (Badan Pengembangan Sumber Daya Manusia Hukum dan Hak Asasi Manusia), which consists of several units:
- Agency Secretariat;
- Center for Development, Technical Training and Leadership (Pusat Pengembangan Pelatihan teknis dan Kepemimpinan);
- Center for Functionary Training and Human Rights (Pusat Pengembangan Pelatihan Fungsional dan Hak Asasi Manusia); and
- Center for Competence Evaluation (Pusat Penilaian Kompetensi).

Advisors

The Advisory Staff to the Minister (Staf Ahli Menteri Hukum dan Hak Asasi Manusia) directly advises the Minister on various strategic matters. Their work coordination are conducted by the Secretary General.

Advisor to the Minister on Political and Security Affairs (Staf Ahli Bidang Politik dan Keamanan);
Advisor to the Minister on Economic Affairs (Staf Ahli Bidang Ekonomi);
Advisor to the Minister on Social Affairs (Staf Ahli Bidang Sosial);
Advisor to the Minister on Inter-institutional Relations (Staf Ahli Bidang Hubungan Antar Lembaga); and
Advisor to the Minister on for Bureaucratic ReformReinforcement (Staf Ahli Bidang Penguatan Reformasi Birokrasi).

Centers

Data and Information Technology Center (Pusat Data dan Teknologi Informasi) provides technical data and IT support for the entire Ministry.

Related Research Articles

The Indonesian Army is the land branch of the Indonesian National Armed Forces. It has an estimated strength of 300,400 active personnel. The history of the Indonesian Army has its roots in 1945 when the Tentara Keamanan Rakyat (TKR) "People's Security Forces" first emerged as a paramilitary and police corps.

An Indonesian passport is a travel document issued by the Government of Indonesia to Indonesian citizens residing in Indonesia or overseas. The main governing body with regards to the issuance of such passport(s), possession(s), withdrawal and related matters is the Directorate General of Immigration under the Ministry of Law and Human Rights. Indonesia does not recognize multiple citizenship for its citizens and such citizens will automatically lose their Indonesian citizenship if another citizenship is acquired voluntarily. Special exceptions allow newly born citizens to hold dual nationalities until his/her eighteenth birthday after which a choice of either nationalities should be decided. The latest Indonesian passport has different national birds and sceneries on each page.

Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and the Middle East have not only affected culture, but also the customary adat laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.

Tommy Sihotang is an Indonesian lawyer. He is the leader of the Christian Democratic Party Indonesia and mainly active in Human Rights law.

The Ministry of Foreign Affairs of the Republic of Indonesia or commonly known by its abbreviation Kemlu, is an Indonesian government ministry responsible for the country's foreign politics and diplomacy. The ministry was formerly known as the Department of Foreign Affairs until 2008 when the nomenclature changed with the enactment of the 2008 State Ministry Act.

The Ministry of Home Affairs is an interior ministry of the government of Indonesia responsible for matters of the state. The ministry was formerly known as the Department of Home Affairs until 2010 when the nomenclature of the Department of Home Affairs was changed to the Ministry of Home Affairs in accordance with the Regulation of the Minister of Home Affairs Number 3 of 2010 on the Nomenclature of the Ministry of Home Affairs.

The National Search and Rescue Agency is a government agency of Indonesia that specialize in search and rescue activity in Indonesia. Its head office is in Kemayoran, Central Jakarta, Jakarta.

The Ministry of Health is a government ministry which organize public health affairs within the Indonesian government.

The Ministry of Defense is an Indonesian government ministry responsible for the defense of Indonesia. The ministry was formerly known as the Department of Defense until 2009 when the nomenclature changed based on Act Number 39 of 2008 on State Ministries, the name of the Department of Defense was changed to the Ministry of Defense of the Republic of Indonesia. The currently-appointed minister is Prabowo Subianto, replacing Ryamizard Ryacudu on 23 October 2019.

The Ministry of Religious Affairs is an Indonesian ministry that administers religious affairs. It is responsible to the president, and is led by a minister.

The Ministry of State Secretariat is a government ministry responsible for providing technical, administrative, and analytical support to the President and Vice President in the exercise of their state powers. The current minister of state secretariat is Pratikno, who previously served as Rector of Gadjah Mada University in Yogyakarta.

Geospatial Information Agency is the national mapping agency of Indonesia. BIG was formerly named National Coordinator for Survey and Mapping Agency. This national agency is responsible for Indonesian geospatial information per one map policy implementation. In 2010, Susilo Bambang Yudhoyono stated that Indonesia should have a single referenced map, so there would not be any differences in spatial data for country development.

The Office of the Attorney General of the Republic of Indonesia is the competent authority to advise the Government of Indonesia on matters of law. It serves as the central organization for the Indonesian Public Prosecution Service. The Attorney General's Office is seated in the national capital Jakarta.

Gayam is a district in Bojonegoro Regency, East Java, Indonesia. It was created in 2012 from the merger of 12 villages that previously were parts of Ngasem and Kalitidu districts. Gayam becomes a new focus of attention as Banyu Urip oil field, the petroleum exploration site of ExxonMobil under the Cepu Block contract area, is located in this district.

The Executive Office of the President of the Republic of Indonesia is a non-structural government agency directly under the auspices of the President of Indonesia. The office reports to the President and is headed by a Chief of Staff. Previously, the office was named Unit of Presidential Staff based on the Presidential Decree No.29/ 2014. The current name has been used based on the Presidential Decree No.26/2015 dated 23 February 2015 due to the expansion of the task and function assigned to the office.

National Cyber and Crypto Agency, is Indonesia's primary signal intelligence agency, as well as cyber intelligence, cyber threat intelligence, cyber defense, and cyber security agency.

Nusantara Capital City Authority is a cabinet level-agency formed by the Indonesian government, working directly under the President of Indonesia. The agency will become a special agency tasked with managing and governing the city of Nusantara, future capital of Indonesia located on Kalimantan.

The National Population and Family Planning Board is a non-ministry government body for family planning. It was established on 29 June 1970.

The Cabinet Secretariat of the Republic of Indonesia is a government agency working directly beneath and answerable to the President of Indonesia. Its duties are to provide governance support for the president and vice president in managing the cabinet.

The National Civil Service Agency is a non-ministry government body in Indonesia for civil servant management. The equivalent counterpart are Civil Service in United Kingdom.

References

1 2 3 Direktorat Pengolahan; Deputi Bidang Konservasi Arsip (2019). Guide Khazanah Arsip Lembaga Negara RI (1945-2018). Jakarta: National Archives of Indonesia. pp. 133–138.{{cite book}}: CS1 maint: multiple names: authors list (link)
↑ "Peraturan Presiden RI Nomor 18 Tahun 2023 tentang Kementerian Hukum dan Hak Asasi Manusia". Presidential Decree No. 18 of 2023 (PDF) (in Indonesian). President of Indonesia.
↑ "Permenkumham No. 28 Tahun 2023 Tentang Organisasi Dan Tata Kerja Kementerian Hukum Dan Hak Asasi Manusia". Database Peraturan Perundang-undangan Indonesia - [PERATURAN.GO.ID]. Retrieved 24 January 2024.

Authority control databases
International	VIAF 2
National	United States 2