EMBODIMENT OF RESPONSIBILITY TO FULFILL HUMAN RIGHTS THROUGH HUMAN RIGHTS DUE DILIGENCE BY CORPORATIONS IN INDONESIA
Ika Khairunnisa Simanjuntak
S.H, University of Indonesia, Indonesia, firstname.lastname@example.org
Corporations occupy the highest position as perpetrators of human rights violations and environmental destruction in the last three years. Moreover according to data released by the National Commission on Human Rights, at the beginning of 2017 corporations ranks second most publicly reported institutions. One of the causes of human rights violations committed by corporations is the absence of binding standards and guidelines as direction in conducting business activities. In addition, the influence and great position of the corporation even in some aspects is considered greater than the state urged for the granting of responsibility for the fulfillment of human rights to the corporation. Responding to this problem the government issued a National Action Plan on Business and Human Rights whose contents are obliging the company to perform Human Right Due Diligence in its business activities. Human Rights Due Diligence is a process whereby companies actively identify, prevent and mitigate how to deal with unintended and potential adverse impacts on human rights in a business activity. The presence of the concept of Human Rights Due Diligence cannot be separated from various debates. Human rights advocacy groups strongly support it but on the other hand, business groups are strongly opposed to its existence because the company is considered not responsible for the fulfillment of human rights. This paper uses normative methodology by examining the library materials or secondary data as the main object. The problems discussed in this study are: First, how is the development of responsibility for the fulfillment of human rights by corporations in Indonesia? Second, how is the urgency of implementing Human Right Due Diligence by corporations in Indonesia? Based on the problem, this study aims to review the conception of human rights and analyze its development in the context of theory and law on efforts to fulfill human rights by corporations in Indonesia. It also aims to analyze the causes of implementation and examples of the Human Right Due Diligence regulation so that it is known urgency of implementation for the corporation as an effort to fulfill human rights in Indonesia. The conclusion of this study are : First, corporations were originally known only in civil law instruments but in its development corporations are considered capable of committing crimes defined as human rights, humanitarian, labor crimes, crimes against consumer rights and extensive practices of the definition of corruption. Especially after the incident in Nigeria involving Royal Dutch Shell in 1995 which is considered to have polluted the environment in the Niger River Delta urges human rights organizations, such as Human Rights Watch and Amnesty International, to put business and human rights issues on the agenda. Through the incident, the fulfillment of human rights in the world is not only imposed on the state but also on individuals and corporations. Second, the implementation of human rights due diligence becomes very important to do given the many human rights abuses committed by corporations in addition to the very strong corporate position in influencing the policy and the courts. Human rights due diligence is different from punishment because it is a preventive process and covers the recovery process of victims not as a repressive effort for a human rights violation committed by the corporation.
Keywords: Fulfilling Human Rights, Corporations, Human Right Due Diligence
|FULL TEXT PDF