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LAW OF THE REPUBLIC OF INDONESIA

NUMBER 26 OF 2000
ON
HUMAN RIGHTS COURT

BY THE GRACE OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
a. that human rights are basic rights that are naturally inherent in human beings, are universal and
imperishable by nature, and therefore must be protected, respected, defended and cannot be ignored,
diminished or plundered by anyone;
b. that to participate in preserving world peace and ensure the implementation of human rights, as well
as to provide protection, assurance, justice and a sense of security to both individual and society, it is
necessary to promptly establish a Human Rights Court in order to resolve gross violations of human
rights in accordance with provisions of Article 104 paragraph (1) of Law Number 39 of 1999 on Human
Rights;
c. that the establishment of a Human Rights Court in order to resolve gross violations of human rights
has been bahwa attempted by the Government based on Government Regulation in Lieu of Law
Number 1 of 1999 an has been deemed inadequate, thus were not approved by the House of
Representatives of the Republic of Indonesia to be enacted into law, and therefore the Government
Regulation in Lieu of Law in question needs to be revoked;
d. that based on the considerations as referred to in letter a, b, and c, it has been deemed necessary to
enact Law on Human Rights Court.

Observing:
1. Article 5 paragraph (1) and Article 20 paragraph (2) of the 1945 Constitution of the Republic of
Indonesia;
2. Law Number 14 of 1970 in 1970 on Core Provisions on Judicial Authority (State Gazette of the
Republic of Indonesia of 1970 Number 74, Supplement to the State Gazette of the Republic of
Indonesia Number 2951) as amended by Law Number 35 of 1999 on the Amendment to Law Number
14 of 1970 in 1970 on Core Provisions on Judicial Authority (State Gazette of the Republic of
Indonesia of 1999 Number 147, Supplement to the State Gazette Number 3879);
3. Law Number 2 of 1986 on General Judiciary (State Gazette of the Republic of Indonesia of 1986
Number 20, Supplement to the State Gazette of the Republic of Indonesia Number 3327);
4. Law Number 39 of 1999 on Human Rights (State Gazette of the Republic of Indonesia of 1999
Number 165, Supplement to the State Gazette of the Republic of Indonesia Number 3886).

By the mutual consent:

THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

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HAS DECIDED:

To enact:
LAW ON HUMAN RIGHTS COURT

CHAPTER I
GENERAL PROVISION

Article 1
Under this Law, the following definitions are employed:
1. Human Rights are a set of rights that are inherent in the nature and existence of human beings as
creations of God and are a grace from God which must be respected, held in the highest esteem and
protected by the state, the law, the government and all persons for the sake of honor as well as
protection of human prestige and dignity;
2. Gross Violation of Human Rights is the violation of human rights as referred to in this Law;
3. Human Rights Court, from this point onward is referred to as HR Court, is a special court towards
gross violations of human rights;
4. Any person is individual persons, groups of persons be it civilians, military, or police officers whose
individually responsible;
5. Preliminary investigation is a set of actions of preliminary investigators to search and discover the
presence or absence of an event alleged to be a gross violation of human rights, in order to be
followed up by an investigation in accordance with the provisions set out under this Law.

CHAPTER II
POSITION AND PLACE OF RESIDENCE OF HR COURT

Division One
Position

Article 2
HR Court is a special court within the domain of the Court of General Jurisdiction.

Division Two
Place of Residence

Article 3
(1) HR Court resides in regency area or city area whose jurisdiction encompass the jurisdiction of the
respective District Court;
(2) For the Special Capital Region of Jakarta, HR Courts resides in every jurisdiction of the respective

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District Court.

CHAPTER III
SCOPE OF AUTHORITY

Article 4
HR Court is in charge of and authorized to examine and render a decision as regards any gross human
rights violation case.

Article 5
HR Court are also authorized to examine and render a decision as regards any gross violation of human
rights case performed by Indonesian citizens outside the territorial borders of the Republic of Indonesia.

Article 6
HR Court is not authorized to examine and render a decision as regards any gross violation of human rights
case performed by a person whose age are below 18 (eighteen) years at the time the crime was carried out.

Article 7
Gross violations of human rights encompass:
a. crime of genocide;
b. crime against humanity;

Article 8
The crime of genocide as referred to in Article 7 letter a is any actions that are carried out for the purpose of
annihilating or eradicating the whole or a part of a group of nations, race, ethnic groups, religious groups by
way of:
a. murdering members of the group;
b. causing serious physical or mental harm towards members of the group;
c. creating conditions of life which would lead to physical annihilation, ether in whole or in part;
d. imposing measures intended to prevent childbirth within the group; or
e. forcibly transferring children from a particular group to another group.

Article 9
The crime against humanity as referred to in Article 7 letter b is one of the actions perpetrated as part of
widespread or systematic attack with full awareness that the attack in question are directly aimed at civilian
population, in the form of:
a. murder;
b. annihilation;
c. slavery;
d. forced eviction or displacement of residents;

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e. arbitrary deprivation of liberty or other physical liberties which violates the fundamental principles of
international law;
f. torture;
g. rape, sexual enslavement, forced prostitution, forced pregnancy,forced castration or sterilization or
other equivalent forms of sexual violence;
h. persecution towards a particular group or association based on similar political opinion, race,
nationality, ethnicity, culture, religion, sex or other reasons which has been universally acknowledged
as prohibited matters according to international law;
i. forced disappearance of persons; or
j. the crime of apartheid.

CHAPTER IV
PROCEDURAL LAW

Division One
General

Article 10
In case of not regulated otherwise under this Law, the procedural law for gross violation of human rights
cases is carried out based on provisions of criminal procedural law.

Division Two
Arrests

Article 11
(1) The Attorney General as investigator are authorized to perform an arrest for investigational purposes
towards a person under strong suspicion of committing gross violation of human rights based on
sufficient preliminary evidences;
(2) The implementation of the power of arrest as referred to in paragraph (1) is carried out by investigators
by showing an official letter of duty and presenting an arrest warrant that contains the identity of the
suspect and mentions the reason for arrest, the location where the inquiry takes place, as well as a
brief explanation on the gross violation of human rights case which is being suspected, to the suspect;
(3) A copy of the arrest warrant as referred to in paragraph (2) must be provided to the family of the
suspect immediately after the arrest has been performed;
(4) In case of a caught in the act, an arrest is performed without warrant on condition that the arrester
must immediately handover the arrested and existing evidences to investigators;
(5) The arrest as referred to in paragraph (2) is performed for a maximum period of 1 (one) day;
(6) The period of arrest are deducted from the rendered criminal sentence.

Division Three
Detention

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Article 12
(1) The Attorney General as investigator and public prosecutor are authorized to perform a detention or
continuation of detention for investigational and prosecutorial purposes;
(2) HR Court Judges through their ruling are authorized to perform an arrest for the purpose of
examination in court trial;
(3) A detention or continuation of detention warrant is performed towards a suspect or defendant under
strong suspicion of committing gross violation of human rights based on sufficient evidences, in case
of there are situations leading to a cause for concern that the suspect or defendant will escape,
damage or eliminate evidences and/or repeating gross violation of human rights.

Article 13
(1) Detention for investigational purposes can be performed for a maximum period of 90 (ninety) days;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 90 (ninety)
days by the Chief of HR Court in accordance with his/her jurisdiction;
(3) In case of the timeframe as referred to in paragraph (2) has been exhausted and the investigation
cannot be completed yet, then the detention can be extended for a maximum period of 60 (sixty) days
by the Chief of HR Court in accordance with his/her jurisdiction.

Article 14
(1) Detention for prosecutorial purposes can be performed for a maximum period of 30 (thirty) days;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 20 (twenty)
days by the Chief of HR Court in accordance with his/her jurisdiction;
(3) In case of the timeframe as referred to in paragraph (2) has been exhausted and the prosecution
cannot be completed yet, then the detention can be extended for a maximum period of 20 (twenty)
days by the Chief of HR Court in accordance with his/her jurisdiction.

Article 15
(1) Detention for the purpose of examination in HR Court trial for a maximum period of 90 (ninety) days;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 30 30 (thirty)
days by the Chief of HR Court in accordance with his/her jurisdiction.

Article 16
(1) Detention for the purpose of appeal examination in High Court can be performed for a maximum
period of 60 (sixty) days;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 30 (thirty)
days by the Chief of High Court in accordance with his/her jurisdiction.

Article 17
(1) Detention for the purpose of cassation examination in the Supreme Court can be performed for a
maximum period of 60 (sixty) days;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 30 (thirty)
days by the Chief Justice of the Supreme Court.

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Division Four
Preliminary Investigation

Article 18
(1) Preliminary investigation towards gross violations of human rights is performed by the National
Commission on Human Rights (Komisi Nasional Hak Asasi Manusia);
(2) In performing the preliminary investigation as referred to in paragraph (1), the National Commission on
Human Rights can establish an ad hoc team comprised of the National Commission on Human Rights
and elements of society.

Article 19
(1) In performing the preliminary investigation as referred to in Article 18, preliminary investigators are
authorized to:
a. perform preliminary investigation and examination towards any event occurring within the
society that, based on its nature or scope, could reasonably be suspected that there are gross
violation of human rights;
b. receiving reports or complaints from a person or group of persons regarding the occurrence of
gross violation of human rights, as well as finding information and evidences;
c. summon complainants, being complained about (complainee) to ask for and listen to their
explanation;
d. summon witnesses to ask for and listen to their testimony;
e. review and collect information on-scene and other locations deemed necessary;
f. summon related parties to provide written explanation or submit necessary documents as a true
copy of the original;
g. under orders from investigators may perform actions in the form of:
1) document examination;
2) search and seizure;
3) site-visit investigation (pemeriksaan setempat) towards houses, yards, buildings and
other places occupied or owned by certain parties;
4) bring in experts in connection with preliminary investigation.
(2) In case of preliminary investigators starts preliminary investigation of an event which is suspected to
be a gross violation of human rights, preliminary investigators notifies that matter to investigators.

Article 20
(1) In case of the National Commission on Human Rights concluded that there are sufficient preliminary
evidences on the occurrence of gross violation of human rights, then the conclusion of the results of
preliminary investigation is submitted to investigators;
(2) By no later than 7 (seven) business days after the submission of the conclusion of the results of
preliminary investigation, the National Commission of Human Rights handover the whole results of
preliminary investigation to investigators;
(3) In case of investigators concluded that the results of preliminary investigation as referred to in
paragraph (2) is still not complete, investigators immediately return the results of preliminary

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investigation in question to preliminary investigators alongside instructions to be completed, and by no

later than 30 (thirty) days after the date of receipt of results of preliminary investigation, preliminary
investigators must complete the shortcoming in question.

Division Five
Investigation

Article 21
(1) The investigation of gross violation of human rights cases is performed by the Attorney General;
(2) The investigation as referred to in paragraph (1) does not include the authority to receive reports or
complaints;
(3) In performing the duties as referred to in paragraph (1) Attorney General may appoint ad hoc
investigators that are comprised of elements from the government and/or the society;
(4) Before performing their duty, ad hoc investigators must take an oath or pledge according to their
respective religion;
(5) To be eligible for appointment as ad hoc investigators, must satisfy the following requirements:
a. a citizen of the Republic of Indonesia;
b. have a minimum age of 40 (forty) years and a maximum age of 65 (sixty five) years;
c. has bachelor degree in law or other degree which has expertise in the legal sector;
d. physically and spiritually healthy;
e. credible (berwibawa), truthful, just and have no disgraceful personality;
f. be loyal to the Pancasila and the 1945 Constitution of the Republic of Indonesia; and
g. has knowledge and concern in the human rights sector.

Article 22
(1) Investigation as referred to in Article 21 paragraph (1) and (3) must be completed by no later than 90
(ninety days) after the date when the result of preliminary investigation has been received and
declared complete by investigators;
(2) The timeframe as referred to in paragraph (1) can be extended for a maximum period of 90 (ninety)
days by the Chief of HR Court in accordance with his/her jurisdiction;
(3) In case of the timeframe as referred to in paragraph (2) has been exhausted and the investigation
cannot be completed yet, then the investigation can be extended for a maximum period of 60 (sixty)
days by the Chief of HR Court in accordance with his/her jurisdiction;
(4) If within the timeframe as referred to in paragraph (1), paragraph (2), and paragraph (3), the results of
investigation does not acquire sufficient evidences, then an investigation termination directive must be
issued by the Attorney General;
(5) After the issuance of an investigation termination directive, an investigation can only be reopened and
continued if there are other reasons and evidences which completes the results of investigation to
proceed to prosecution;
(6) In case of the termination of investigation as referred to in paragraph (4) is unacceptable for the victim
or his/her family, then the victim, his/her blood relative or in laws in a direct line upwards or downwards
to the third degree, has the right to petition a pretrial hearing to the Chief of HR Court in accordance
with his/her jurisdiction and pursuant to provisions of prevailing laws and regulations.

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Division Six
Prosecution

Article 23
(1) The prosecution of gross violation of human right cases are performed by the Attorney General;
(2) In performing the duty as referred to in paragraph (1), the Attorney General may appoint ad hoc public
prosecutors that are comprised of elements from the government and/or society;
(3) Before performing their duty, ad hoc public prosecutors investigators must take an oath or pledge
according to their respective religion;
(4) To be eligible for appointment as ad hoc public prosecutors, must satisfy the following requirements:
a. a citizen of the Republic of Indonesia;
b. have a minimum age of 40 (forty) years and a maximum age of 65 (sixty five) years;
c. has bachelor degree in law and are experienced as a public prosecutor;
d. physically and spiritually healthy;
e. credible, truthful, just and have no disgraceful personality;
f. be loyal to the Pancasila and the 1945 Constitution of the Republic of Indonesia; and
g. has knowledge and concern in the human rights sector.

Article 24
The prosecution as referred to in Article 23 paragraph (1) and paragraph (2) must be performed by no later
than 70 (seventy) days after the date of receipt of the result of investigation.

Article 25
The National Commission on Human Rights can demand written explanation to the Attorney General on an
ad hoc basis as regards the developments of investigation and prosecution of gross violation of human right
cases.

Division Seven
Oath

Article 26
The oath of investigators and ad hoc Public Prosecutors as referred to in Article 21 paragraph (4) dan Article
23 paragraph (3) are pronounced as follows:
"I solemnly swear/promise that in performing this duty, I shall not, directly or indirectly, using any name or
method whatsoever, give or promise anything whatsoever to anyone whosoever".
"I swear/promise that I, in order to undertake or not undertake something in this duty, shall not at any time
accept directly or indirectly from anyone whosoever, any promise or gratification".
"I swear/promise that I will be faithful to and uphold and practice the Pancasila as the foundation of the
country, the 1945 Constitution of the Republic of Indonesia and the laws and regulations applicable for the
country of Republic of Indonesia".

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"I swear/promise that I will consistently perform this duty in a truthful, thorough and objective manner without
discriminating people, and will uphold professional ethics in performing my obligations to the best of my
abilities and in the fairest of manner as how it is supposed to be for an officer who is virtuous and truthful in
upholding law and justice".

Division Eight
Examination in Court Hearing

Subdivision 1
General

Article 27
(1) Gross violation of human rights cases are examined and decided by HR Court as referred to in Article
4;
(2) The examination of gross violation of human rights cases as referred to in paragraph (1) are
performed by an HR Court panel of judges amounting to 5 (five) people, comprised of 2 (two) judges
from the HR Court in question and 3 (three) ad hoc judges;
(3) The panel of judges as referred to in paragraph (2) is presided by a judge from the HR Court in
question.

Article 28
(1) Ad hoc judges are appointed and dismissed by the President as the Head of the State upon a
suggestion from the Chief Justice of the Supreme Court;
(2) The amount of ad hoc judges as referred to in paragraph (1) should be a minimum of 12 (twelve)
people;
(3) Ad hoc judges are appointed for a period of 5 (five) years and can be reappointed for 1 (one) term of
office.

Subdivision 2
Requirements for the Appointment of Ad Hoc Judges

Article 29
To be eligible for appointment as ad hoc Judges must satisfy the following requirements:
1. a citizen of the Republic of Indonesia;
2. faithful to God Almighty;
3. have a minimum age of 45 (forty five) years and a maximum age of 65 (sixty five) years;
4. has bachelor degree in law or other degree which has expertise in the legal sector;
5. physically and spiritually healthy;
6. credible, truthful, just and have no disgraceful personality;
7. be loyal to the Pancasila and the 1945 Constitution of the Republic of Indonesia; and
8. has knowledge and concern in the human rights sector.

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Article 30
Prior to performing their duties, ad hoc Judges who were being appointed as referred to in Article 28
paragraph (1) must take an oath in accordance with their respective religion, which are pronounced as
follows:
" I solemnly swear/promise that in performing this duty, I shall not, directly or indirectly, using any name or
method whatsoever, give or promise anything whatsoever to anyone whosoever".
" I swear/promise that I, in order to undertake or not undertake something in this duty, shall not at any time
accept directly or indirectly from anyone whosoever, any promise or gratification”.
“I swear/promise that I will be faithful to and uphold and practice the Pancasila as the foundation of the
country, the 1945 Constitution of the Republic of Indonesia and the laws and regulations applicable for the
country of Republic of Indonesia".
"I swear/promise that I will consistently perform this duty in a truthful, thorough and objective manner without
discriminating people, and will uphold professional ethics in performing my obligations to the best of my
abilities and in the fairest of manner as how it is supposed to be for an officer who is virtuous and truthful in
upholding law and justice ".

Subdivision 3
Hearing Procedures

Article 31
Gross violation of human rights cases are examined and decided by HR Court by no later than 180 (one
hundred and eighty) days after the case has been delegated to HR Court.

Article 32
(1) In case of gross violation of human rights cases are petitioned for appeal to High Court, then the case
in question is examined and decided by no later than 90 (ninety) days after the delegation of the case
to the High Court;
(2) The examination of the case as referred to in paragraph (1) are performed by a panel of judges
amounting to 5 (five) people, comprised of 2 (two) judges from the High Court in question and 3 (three)
ad hoc judges;
(3) The amount of ad hoc judges at a High Court as referred to in paragraph (2) should be a minimum of
12 (twelve) people;
(4) The provisions as referred to in Article 28 paragraph (1) and paragraph (3), Article 29, and Article 30
also applies for the appointment of ad hoc judges at High Courts.

Article 33
(1) In case of gross violation of human rights cases are petitioned for cassation to the Supreme Court,
then the case in question is examined and decided by no later than 90 (ninety) days after the
delegation of the case to the Supreme Court;
(2) The examination of the case as referred to in paragraph (1) are performed by a panel of judges
amounting to 5 (five) people, comprised of 2 (two) Supreme Court Judges and 3 (three) ad hoc judges;
(3) The amount of ad hoc judges at the Supreme Court as referred to in paragraph (2) should be a
minimum of 3 (three) people;

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(4) Ad hoc judges at the Supreme Court are appointed by the President as the Head of the State upon a
suggestion from the House of Representatives of the Republic of Indonesia;
(5) Ad hoc judges as referred to in paragraph (4) are appointed for one term of office for a period of 5
(five) years;
(6) To be eligible for appointment as ad hoc judges at the Supreme Court must satisfy the following
requirements:
a. a citizen of the Republic of Indonesia;
b. faithful to God Almighty;
c. have a minimum age of 50 (fifty) years;
d. has bachelor degree in law or other degree which has expertise in the legal sector;
e. physically and spiritually healthy;
f. credible, truthful, just and have no disgraceful personality;
g. be loyal to the Pancasila and the 1945 Constitution of the Republic of Indonesia; and
h. has knowledge and concern in the human rights sector.

CHAPTER V
VICTIM AND WITNESS PROTECTION

Article 34
(1) Every victim and witness of gross violation of human rights are entitled to physical and mental
protection from threats, harassments, terrors and violence from any party whosoever;
(2) The protection as referred to in paragraph (1) must be carried out by law enforcement officers and
security officers free of charges;
(3) Provisions on procedures for the protection of victims and witnesses are regulated further under a
Government Regulation.

CHAPTER VI
COMPENSATION, RESTITUTION AND REHABILITATION

Article 35
(1) Every victim and witness of gross violation of human rights and/or their heir may earn compensation,
restitution and rehabilitation;
(2) The compensation, restitution and rehabilitation as referred to in paragraph (1) are incorporated into
the decision of HR Court;
(3) Provisions on compensation, restitution and rehabilitation are regulated further under a Government
Regulation.

CHAPTER VII
CRIMINAL PROVISION

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Article 36
Any person who undertakes the actions as referred to in Article 8 letter a, b, c, d, and e will be subject to
capital punishment or lifetime imprisonment or imprisonment between a maximum period of 25 (twenty five)
years and a minimum period of 10 (ten) years.

Article 37
Any person who undertakes the actions as referred to in Article 9 letter a, b, d, e, and j will be subject to
capital punishment or lifetime imprisonment or imprisonment between a maximum period of 25 (twenty five)
years and a minimum period of 10 (ten) years.

Article 38
Any person who undertakes the action as referred to in Article 9 letter c will be subject to imprisonment
between a maximum period of 15 (fifteen) years and a minimum period of 5 (five) years.

Article 39
Any person who undertakes the action as referred to in Article 9 letter f will be subject to imprisonment
between a maximum period of 15 (fifteen) years and a minimum period of 5 (five) years.

Article 40
Any person who undertakes the actions as referred to in Article 9 letter g, h, or i will be subject to
imprisonment between a maximum period of 20 (twenty) years and a minimum period of 10 (ten) years.

Article 41
Any attempt, conspiracy or assistance in undertaking the infringements as referred to in Article13 or Article 9
will be subject to the same criminal sentence with the provisions as referred to in Article 36, Article 37, Article
38, Article 39, and Article 40.

Article 42
(1) A military commander or any person effectively acting as a military commander may be held
responsible for any criminal act which falls within the jurisdiction of the HR Court, and are perpetrated
by troops under his/her effective command and control, or under his/her effective authority and control
whereby the said criminal act resulted from an improper control of troops, specifically:
a. the military commander or person in question are aware or under the prevailing circumstances
should be aware that the troops in question is perpetrating or have recently perpetrated a gross
violation of human rights; and
b. the military commander or person in question does not take proper and necessary actions within
the scope of his/her authority to prevent or cease the said acts or turn over the perpetrators to
authorized officials for preliminary investigation, investigation, and prosecution.
(2) A superior, be it a police or other civil superior, are criminally responsible for any gross violation of
human rights perpetrated by the subordinates under his/her effective authority and control, due to the
superior on question fails to properly and correctly control his/her subordinates, specifically:
a. the superior in question are aware or deliberately ignores information clearly indicating that the
subordinates are perpetrating or have recently perpetrated a gross violation of human rights;
and

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b. the superior in question does not take proper and necessary actions within the scope of his/her
authority to prevent or cease the said acts or turn over the perpetrators to authorized officials for
preliminary investigation, investigation, and prosecution.
(3) The actions as referred to in paragraph (1) and paragraph (2) are punishable with the same criminal
sentence as referred to in Article 36, Article 37, Article 38, Article 39, and Article 40.

CHAPTER VIII
AD HOC HR COURT

Article 43
(1) Any gross violation of human rights which occurs prior to the promulgation of this Law is to be
examined and decided by an ad hoc HR Court;
(2) The ad hoc HR Court as referred to in paragraph (1) is established through Presidential Decree upon
a suggestion from the House of Representatives of the Republic of Indonesia according to specific
events;
(3) The ad hoc HR Court as referred to in paragraph (1) is within the domain of the General Judiciary.

Article 44
Examinations at an ad hoc HR Court and its legal remedies are performed in accordance with the provisions
of this Law.

CHAPTER IX
TRANSITIONAL PROVISION

Article 45
(1) For the first time, upon the effective enforcement of this Law, the HR Court as referred to in Article 4
are established in Central Jakarta, Surabaya, Medan and Makassar;
(2) The jurisdiction of HR Courts as referred to in paragraph (1) are at District Courts in:
a. Central Jakarta, which encompass the Special Capital Region of Jakarta, the Province of West
Java, Banten, South Sumatera, Lampung, Bengkulu, West Kalimantan and Central Tengah;
b. Surabaya, which encompass the Province of East Java, Central Java, the Special Region of
Yogyakarta, Bali, South Kalimantan], East Kalimantan, West Nusa Tenggara and East Nusa
Tenggara;
c. Makassar, which encompass the Province of South Sulawesi, Southeast Sulawesi, Central
Sulawesi, North Sulawesi, Maluku, North Maluku and Irian Jaya;
d. Medan, which encompass the Province of North Sumatera, Special Region of Aceh, Riau,
Jambi and West Sumatera.

CHAPTER X
CLOSING PROVISION

Article 46

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For gross violation of human rights as referred to in this Law, provisions on statute of limitation are not
applicable.

Article 47
(1) Any gross violation of human rights which occurs prior to the effective enforcement of this Law does
not rule out the possibility that its settlement is performed by a Truth and Reconciliation Commission;
(2) The Truth and Reconciliation Commission as referred to in paragraph (1) is established by a Law.

Article 48
Any preliminary investigation, investigation and prosecution of gross violation of human rights which has
been or are currently undertaken pursuant to Government Regulation in Lieu of Law Number 1 of 1999 on
Human Rights Court remains in effect so long as it is not contradictory to this Law.

Article 49
Provisions on the authority of Supervisors with the Right to Levy Punishment (Atasan Yang Berhak
Menghukum) and Officer with Prosecutor Functions (Perwira Penyerah Perkara) as referred to in Article 74
and Article 123 of Law Number 31 of 1997 on Military Judiciary are declared invalid in the examination of
gross violation of human rights according to this Law.

Article 50
Upon the effective enforcement of this Law, then Government Regulation in Lieu of Law Number 1 of 1999
on Human Rights Court (State Gazette of the Republic of Indonesia of 1999 Number 191, Supplement to the
State Gazette Number 3911) is hereby revoked and declared invalid.

Article 51
This Law comes into force from the date of its promulgation. For public cognizance, it is hereby ordered that
this Law be promulgated in the State Gazette of the Republic of Indonesia.

Enacted in Jakarta,
On 23 November 2000
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
ABDURRAHMAN WAHID

Promulgated in Jakarta,
On 23 November 2000
SECRETARY OF THE STATE OF THE REPUBLIC OF INDONESIA,
Signed.
DJOHAN EFFENDI

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STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2000 NUMBER 208

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ELUCIDATION OF LAW OF THE REPUBLIC OF INDONESIA

NUMBER 26 OF 2000
ON
HUMAN RIGHTS COURT

GENERAL
That human rights as set out under the 1945 Constitution, the Universal Declaration of Human Rights, the
Decree of the MPR-RI (Majelis Permusyawaratan Rakyat Republik Indonesia/People’s Consultative
Assembly of the Republic of Indonesia) Number XVII/MPR/1998 on Human Rights and Law Number 39 of
1999 on Human rights must be implemented with full sense of responsibility in accordance with the
philosophies contained within the Pancasila and the 1945 Constitution and the principles of international law.
The Decree of the MPR-RI Number XVII/MPR/1998 on Human Rights assigned high state institutions
(lembaga-lembaga tinggi negara) and all government apparatus to honor, enforce and disseminate the
understanding of human rights to all of the society, as well as to immediately ratify the various United Nation
instruments on Human Rights so long as they are not contradictory to the Pancasila and the 1945
Constitution.
The provision of protection towards human rights may be implemented through the establishment of the
National Commission on Human Rights and HR Courts, as well as the Truth and Reconciliation Commission.
To implement the mandate of the said Decree of the MPR-RI Number XVII/MPR/1998 on Human Rights, Law
Number 39 of 1999 on Human Rights has been enacted. The enactment of the said Law is a manifestation of
the responsibility of the Indonesian nation as a member of the United Nations. In addition to that, the
enactment of Law on Human Rights also contains a mission to bear moral and legal responsibility in
upholding and implementing the Universal Declaration of Human Rights as stipulated by the United Nations
and contained in various other legal instruments which regulates human rights and has been ratified and/or
accepted by the state of the Republic of Indonesia.
Starting from legal developments, both viewed from the point of national interests or international interests,
then to settle the matter of gross violations of human rights and restore security and peace in Indonesia, it
has been deemed necessary to establish a Human Rights Court which serves as a special court for gross
violations of human rights.
To realize the manifestation of the Human Rights Court in question, it has been deemed necessary to enact
Law on Human Rights Court.
The basis for the enactment of Law on Human Rights Court are as referred to in the provisions of Article 104
paragraph (1) of Law Number 39 of 1999 on Human Rights.
The Law on Human Rights Court is expected to be able to protect the human rights of both individuals and
the society, and serves as a foundation in enforcement, legal certainty, justice, and sense of security for both
individuals and society, towards any gross violations of human rights.
The enactment of Law on Human Rights Court is based upon the following considerations:
1. Gross violations of human rights are "extra ordinary crimes” and have a widespread impact both at
national or international level and are not a criminal act that are regulated under the Criminal Code
(Kitab Undang-undang Hukum Pidana) as well as causing both material and immaterial loss which
leads to a sense of insecurity both to individuals and society, so it needs to be immediately restored in
order to realize the supremacy of the law to achieve peace, order, tranquility, justice and prosperity for
all Indonesian citizens;
2. Towards gross violation of human rights cases, preliminary investigation, investigation, prosecution
and examination of measures having special nature are deemed necessary.
The special nature in the handling of gross violation of human rights are:
a. there is a need for preliminary investigators by establishing an ad hoc team, ad hoc

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investigators, ad hoc public prosecutors and ad hoc judges;

b. there is a need for an affirmation that preliminary investigations are only performed by the
National Commission for Human Rights while investigators has no authority to receive reports or
complaints as stipulated under the Criminal Procedural Code (Kitab Undang-undang Hukum
Acara Pidana);
c. there is a need for provisions on specific timeframe to perform investigations, prosecutions and
examinations in court;
d. there is a need for provisions on victim and witness protection;
e. there is a need for provisions which affirmed the fact that there are no statute of limitation for
gross violations of human rights.
As regards gross violations of human rights such as genocide and crime against humanity that are subject to
the retroactive principle in accordance with international laws, the article as regards the obligation to obey
the restrictions set out under a law as referred to in Article 28 J paragraph (2) of the 1945 Constitution, which
reads:
"In carrying out his/her right and freedom, every person must obey the restrictions set out under a law with
the sole intention of ensuring acknowledgement and respect towards the right and freedom of other person
and to satisfy a fair demand in accordance with moral judgement, religious value, security and public order
within a democratic society”. In other words, the retroactive principle may be implemented in order to protect
human rights itself pursuant to the said Article 28 J paragraph (2) of the 1945 Constitution. Hence, this Law
also regulates ad hoc HR Court to examine and render a decision on gross violation of human rights cases
which occurs prior to the promulgation this Law. An ad hoc HR Court is established through Presidential
Decree and within the domain of the General Judiciary.
In addition to an ad hoc HR Court, this Law also mentioned the existence of a Truth and Reconciliation
Commission as referred to in MPR-RI Decree Number V/MPR/2000 on the Consolidation of National Unity
and Solidarity. The Truth and Reconciliation Commission which will be established by a Law is intended as
an extra-judicial institution that are established through a Law and has the duty to uphold the truth by way of
disclosing past abuse of powers human rights violation pursuant to the provisions of prevailing laws and
regulations and perform reconciliations under the perspective of common interests as a nation.

ARTICLE BY ARTICLE

Article 1
Self-explanatory.

Article 2
Self-explanatory.

Article 3
Self-explanatory.

Article 4
"Examine and render a decision" under this provision includes settling cases which relates with
compensation, restitution and rehabilitation in accordance with prevailing laws and regulation s.

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Article 5
The provision under this article is intended to protect Indonesian citizens who perpetrated gross violations of
human rights outside the territorial border, in the sense that they are sentenced in accordance with this Law
on Human Rights Court.

Article 6
A person under the age of 18 (eighteen) years who perpetrated gross violations of human rights will be
examined and decided upon at the District Court.

Article 7
"Crime of genocide and crime against humanity” under this provision is in accordance with the Rome Statute
of the Intemational Criminal Court” (Article 6 and Article 7).

Article 8
Letter a
"Members of the group” are one or more member of the group.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter b
Self-explanatory.

Article 9
"Attack directly aimed at civilian population” is a series of actions perpetrated towards civilian population as
an extension of policies of authorities or policies relating to organizations.
Letter a
"Homicide” is as set out under Article 340 of the Criminal Code.
Letter b
"Annihilation” are comprised of deliberate actions which causes suffering such as in the form of actions
of obstructing the supply of goods in the form or foods and medicines that may lead to the annihilation
of a part of residents.
Letter c
"Slavery” under this provision includes human trafficking, specifically the trafficking of women and
children.
Letter d
"Forced eviction or displacement of residents” are the forced displacement of people from the area
where they legitimately resides by way of eviction or other coercive measures, without any permissible
reasons under international law.

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Letter e
Self-explanatory.
Letter f
"Torture” under this provision is deliberately and unlawfully inflicting pain or severe distress, both
physically and mentally, towards a prisoner or a person under supervision.
Letter g
Self-explanatory.
Letter h
Self-explanatory.
Letter i
"Forced dissappearance” is the arrest, detention or abduction of a person by or with an authority,
support or approval from the country or organizational policies, followed by a refusal to acknowledge
said deprivation of liberty or to provide information as regards the fate or existence of the said person,
with the intention of escaping from legal protection for a long period of time.
Letter j
"Crime of apartheid” is an inhumane action having the same characteristics with the characteristics
stipulated under Article 8 that are perpetrated under the context of institutional regime in the form of
oppression and domination by a racial group towards another racial group or groups and are
perpetrated with the intention of maintaining the regime in question.

Article 10
Self-explanatory.

Article 11
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
"1 (one) day" are within 24 (twenty four) hours starting from the apprehension of the suspect.
Paragraph (6)
Self-explanatory.

Article 12
Self-explanatory.

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Article 13
Self-explanatory.

Article 14
Self-explanatory.

Article 15
Self-explanatory.

Article 16
Self-explanatory.

Article 17
Self-explanatory.

Article 18
Paragraph (1)
The preliminary investigation authority are solely performed by the National Commission on Human
Rights is intended to maintain the objectivity of the results of preliminary investigations due to the fact
that the National Commission on Human Rights is an independent institution.
Paragraph (2)
"Elements of society" are public figures and members who are professional, dedicated, has high
integrity and has strong belief in the human rights sector.

Article 19
The performance of "preliminary investigation" under this provision is intended as a series of actions of the
National Commission of Human Rights within the scope of pro justitia.
Paragraph (1)
Letter a
Self-explanatory.
Letter b
"Receiving" is receive, register and record any report or complaint on the occurrence of gross
violations of human rights, and can be supported with evidences.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.

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Letter f
Self-explanatory.
Letter g
"Orders from investigators" are written orders issued by investigators upon a request from
preliminary investigators, and investigators immediately issue an order after receiving a request
from preliminary investigators.
Number 1)
Self-explanatory.
Number 2)
"Search" under this provision encompass body and/or house search.
Number 3)
Self-explanatory.
Number 4)
Self-explanatory.
Paragraph (2)
Self-explanatory.

Article 20
Paragraph (1)
Under this provision, "sufficient preliminary evidences" are the preliminary evidence to suspect the
existence of a criminal act, that someone, due to his/her actions or situations, according to preliminary
evidences could reasonably be expected as the perpetrator of gross violations of human rights.
Within a preliminary investigation, the presumption of innocence principle must be honored, thus the
results of preliminary investigation concerning the names of suspected perpetrators of gross violations
of human rights are confidential (are not disseminated) in accordance with the provisions of Article 92
of Law Number 39 of 1999 on Human Rights.
"Follow-up" is the commencement of investigation.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Under this provision, "still not complete" are not sufficiently satisfying the elements of gross violations
of human rights for continuation to the investigation stage.

Article 21
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Under this provision, "elements of society" are comprised of political organizations, social

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organizations, non-governmental organization or other social organizations such as universities.

The word "may" under this provision is intended so that the appointment of ad hoc investigators by
Attorney General is only undertaken as necessary.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.

Article 22
Self-explanatory.

Article 23
Paragraph (1)
Self-explanatory.
Paragraph (2)
Ad hoc public prosecutors from elements of society are primarily taken from former public prosecutors
at the General Judiciary or military prosecutors at the Military Judiciary.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 24
Self-explanatory.

Article 25
Self-explanatory.

Article 26
At the time of oath/pledge taking, particular words in accordance with the respective religion is also
pronounced, by way of example, the words “In the Name of Allah” before the pronunciation of the oath for
followers of the religion of Islam and the words “May God help me” after the pronunciation of the oath for
followers of Christianity/Catholicism.

Article 27
Paragraph (1)
See the elucidation of Article 4.
Paragraph (2)
The provision under this paragraph is intended so that a panel of judges always have an odd number.

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Paragraph (3)
Self-explanatory.

Article 28
Paragraph (1)
"Ad hoc judges" are judges appointed from outside career judges who satisfies the professional
requirements, has high dedication and integrity, strongly belief in the vision of a state of law and
welfare state that are founded upon justice, understand and honor human rights and basic human
obligations.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.

Article 29
Number 1
Self-explanatory.
Number 2
Self-explanatory.
Number 3
Self-explanatory.
Number 4
"Expertise in the legal sector" are, among others, bachelor of sharia or bachelor graduates from the
College of Police Science (Perguruan Tinggi Ilmu Kepolisian).
Number 5
Self-explanatory.
Number 6
Self-explanatory.
Number 7
Self-explanatory.
Number 8
Self-explanatory.

Article 30
Lihat Penjelasan Pasal 26.

Article 31
Self-explanatory.

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Article 32
Self-explanatory.

Article 33
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Lihat penjelasan Pasal 29 Angka 4.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.

Article 34
Self-explanatory.

Article 35
“Compensation" is a compensation provided by the country due to the perpetrator’s inability to provide the

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whole compensation which falls under his/her responsibility.

"Restitution" is a compensation provided to the victim of his/her family by the perpetrator or a third party.
Restitution takes the form of:
a. return of assets;
b. payment of compensation for loss or suffering; or
c. reimbursement for certain measures.
"Rehabilitation" is the restoration to original condition, such as honor, reputation, position or other rights.

Article 36
Self-explanatory.

Article 37
Self-explanatory.

Article 38
Self-explanatory.

Article 39
Self-explanatory.

Article 40
Self-explanatory.

Article 41
"Conspiration" are the case of 2 (dua) person or more conspires to perpetrate gross violations of human
rights.

Article 42
Self-explanatory.

Article 43
Paragraph (1)
Self-explanatory.
Paragraph (2)
In case of the House of Representatives of the Republic of Indonesia suggested for the establishment
of ad hoc HR Court, the House of Representatives of the Republic of Indonesia must base it upon a
suspected occurrence of gross violations of human rights that are limited to specific locus and tempus
delicti taking place prior to the promulgation of this Law.
Paragraph (3)

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Self-explanatory.

Article 44
Self-explanatory.

Article 45
Self-explanatory.

Article 46
Self-explanatory.

Article 47
The provision under this Article is intended to provide alternative dispute resolution for gross violations of
human rights that are performed outside HR court.

Article 48
Self-explanatory.

Article 49
This provision is solely intended to apply for gross violations of human rights and the jurisdiction applies for
anyone, both civilian and military.

Article 50
Self-explanatory.

Article 51
Self-explanatory.

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4026

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