Abstract
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. 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. 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.
Highlights
All of them have explicitly demonstrated that the State of Indonesia is committed to fulfilling, protecting and respecting human rights, which is compatible with the Universal Declaration of Human Rights (UDHR)[4] and various international human rights instruments ratified by Indonesia, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
The proposal of the subcommittee was published in 2003 with the official title "Norms regarding the responsibility of transnational corporations and other companies with respect to Human Rights" or later known as "The Design of Norms".28This draft norm raises the debate of all parties
John Ruggie, a Harvard professor who was appointed as the "Special Representative of the SecretaryGeneral of the United Nations for Human Rights and Transnational Corporations and Other Business Companies" tasked with investigating the specific situation of business and human rights and having the obligation to report to the Human Rights Council every year
Summary
Subject of international law,[1] so that the state is required to provide protection, promotion and respect for human rights especially for its citizens. This became a worldwide concern and was the concept of the modern world after the Second World War.[2] On this basis, Indonesia is present as a single actor fulfillment of human rights of all Indonesian people through various legal instruments both superstructure and infrastructure. The debate between business and human rights reached its peak in 2011 when the UN Human Rights Commission unanimously and legally endorsed Guiding Principles for Business and Human Rights: Implementing the United Nations Framework "Protection, Reconciliation and Recovery."
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