Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Jasmine Abdurrachim, Kartini L Makmur
Over the last decade, corporations have leapt into second place in terms of human-rights violations within Indonesia. This unenviable position was determined after an analysis of the many complaints received by the National Commission for Human Rights (“Komnas HAM”). The complaints made by the general public vary from issues pertaining to land matters, to those that concern labor and employment.
The potential for corporations to engage in human-rights violations is now well established, and people are increasingly aware that corporations can have both positive and negative impacts on the people that they interrelate with, including employees and their families, local communities, and the environment. According to Nur Kholis, Head of Komnas HAM, corporations have unfortunately too often had a negative impact on human rights.
“Therefore the country should be vigilant in its efforts to ensure that the power of the corporations does not exceed that of the state,” added Mr. Kholis.
Rafendi Djamin, Indonesia’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), was in attendance at the recent Symposium on National Law, which was held in Jakarta on 8 September 2015.
At the symposium, Mr. Djamin expressed his opinion that in this era of globalization, Indonesia must be able to integrate principles pertaining to human rights into the sphere of international economic cooperation, due to the potential violations that can be committed in the economic sector. In addition, national stakeholders should also wholeheartedly commit to upholding the provisions laid down in the UN Guiding Principles on Business and Human Rights (“UNGP”).
Rafendi also added that the development of a National Action Plan (“RAN”) for business and human rights was urgently needed in Indonesia. This RAN should affirm the UN principles and lay out the roles to be played by government and corporations in order to ensure the advancement, protection and fulfillment of human rights within the business community.
Iman Prihandono, Head of The Center for Human Rights Studies at Airlangga University, stated recently that in order to ensure that corporations abide by fundamental human rights principles, a National Business and Human Rights Audit should be undertaken. Indeed, some corporations have already undertaken such audits, however different corporations adhere to different standards and so a national, universally applicable audit should be carried out.
This positive initiative and its goal of increasing commitment to human rights across the business world was welcomed by Bambang Soesatyo, Chairman of the Legal Affairs and Inter-Agency Relations at the Indonesian Chamber of Commerce and Industry (“Kadin”). However Soesatyo questioned the urgency of seeking to fully implement the UNGP during Indonesia’s current economic downturn. According to the Chairman, such good intentions could instead end up further slowing the economy and investment growth.
Mr. Soesatyo sought to remind Komnas HAM that entrepreneurs are primarily concerned with matters of efficiency and are thus reluctant to incur any additional expenses for the sake of human rights. He also urged the government to offer incentives for entrepreneurs who consistently demonstrate a commitment to human-rights issues.
Hermawati Setyorini, Vice Chairman of the Association of Indonesian SMEs (“Akumindo”), added that Business and Human Rights issues should be carefully monitored in order to increase understanding among stakeholders. Setyorini stated that stakeholders consisted not only of entrepreneurs at the top of the chain, but also the country’s SMEs. Mrs. Setyorini thus requested that the implementation of the UNGP also accommodate the interests of small-scale businesses, and advised the government to be sensitive as regards the capabilities of businesses of differing sizes.
"They cannot all be treated equally. The methods used when implementing human-rights provisions within large corporations should not necessarily be mirrored in our SMEs. They require a more cautious approach,” Mrs. Setyorini asserted.
(sp)
Jasmine Abdurrachim, Kartini L Makmur
Over the last decade, corporations have leapt into second place in terms of human-rights violations within Indonesia. This unenviable position was determined after an analysis of the many complaints received by the National Commission for Human Rights (“Komnas HAM”). The complaints made by the general public vary from issues pertaining to land matters, to those that concern labor and employment.
The potential for corporations to engage in human-rights violations is now well established, and people are increasingly aware that corporations can have both positive and negative impacts on the people that they interrelate with, including employees and their families, local communities, and the environment. According to Nur Kholis, Head of Komnas HAM, corporations have unfortunately too often had a negative impact on human rights.
“Therefore the country should be vigilant in its efforts to ensure that the power of the corporations does not exceed that of the state,” added Mr. Kholis.
Rafendi Djamin, Indonesia’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), was in attendance at the recent Symposium on National Law, which was held in Jakarta on 8 September 2015.
At the symposium, Mr. Djamin expressed his opinion that in this era of globalization, Indonesia must be able to integrate principles pertaining to human rights into the sphere of international economic cooperation, due to the potential violations that can be committed in the economic sector. In addition, national stakeholders should also wholeheartedly commit to upholding the provisions laid down in the UN Guiding Principles on Business and Human Rights (“UNGP”).
Rafendi also added that the development of a National Action Plan (“RAN”) for business and human rights was urgently needed in Indonesia. This RAN should affirm the UN principles and lay out the roles to be played by government and corporations in order to ensure the advancement, protection and fulfillment of human rights within the business community.
Iman Prihandono, Head of The Center for Human Rights Studies at Airlangga University, stated recently that in order to ensure that corporations abide by fundamental human rights principles, a National Business and Human Rights Audit should be undertaken. Indeed, some corporations have already undertaken such audits, however different corporations adhere to different standards and so a national, universally applicable audit should be carried out.
This positive initiative and its goal of increasing commitment to human rights across the business world was welcomed by Bambang Soesatyo, Chairman of the Legal Affairs and Inter-Agency Relations at the Indonesian Chamber of Commerce and Industry (“Kadin”). However Soesatyo questioned the urgency of seeking to fully implement the UNGP during Indonesia’s current economic downturn. According to the Chairman, such good intentions could instead end up further slowing the economy and investment growth.
Mr. Soesatyo sought to remind Komnas HAM that entrepreneurs are primarily concerned with matters of efficiency and are thus reluctant to incur any additional expenses for the sake of human rights. He also urged the government to offer incentives for entrepreneurs who consistently demonstrate a commitment to human-rights issues.
Hermawati Setyorini, Vice Chairman of the Association of Indonesian SMEs (“Akumindo”), added that Business and Human Rights issues should be carefully monitored in order to increase understanding among stakeholders. Setyorini stated that stakeholders consisted not only of entrepreneurs at the top of the chain, but also the country’s SMEs. Mrs. Setyorini thus requested that the implementation of the UNGP also accommodate the interests of small-scale businesses, and advised the government to be sensitive as regards the capabilities of businesses of differing sizes.
"They cannot all be treated equally. The methods used when implementing human-rights provisions within large corporations should not necessarily be mirrored in our SMEs. They require a more cautious approach,” Mrs. Setyorini asserted.
(sp)