Humas (16/07) | Since the United Guidance Principles on Business and Human Rights (UNGPs) was adopted by the UN Human Rights Council in 2011, many States have enacted laws and regulation in conformity with the UNGPs. Indonesian has also been the case, a number rules are introduced to regulate business activities.
On the 12th-13th July 2018, Dr. Iman Prihandono, the Head of International Law Department at the Faculty of Law Universitas Airlangga, presented his paper tittled: ‘The Latest Development on the Access to Remedy for the Victims of Corporate Human Rights Abuse in Indonesia’. Iman was one of the speaker at the International Conference on Business and Human Rights, organised by the Asia Centre, in Bangkok, Thailand.
In his presentation, Iman empahasised that there have been two regulations that may help victims of corporate abuse in obtaining remedy. These regulations are: (a) the Supreme Court Regulation No. 13 of 2016 on the Guidance in Handling Corporate Crimes (SCR 13/2016); and (b) the President Regulation No. 13 of 2018 on the Disclosure of Corporate Beneficiary Owner (PR 13/2018).
Iman finds that the SCR 13/2016 is important because it clarify to what extent companies may hold liable for committing criminal offences. More importantly, there is another signifcant feature in this regulation. It provides a way for victims of criminal offences to obtain restitution. Despite this advantages, Iman argues that there are remaining challenges.
To date, there are almost 70 Laws in Indonesia which contain criminal sanctions for companies. This include crimes in environment, forestry, plantation, fishery, etc. Unfortunately, since the SCR 13/2016 was adopted, there have been no criminal case brought againts corporation. Likewise, the restitution procedure is burdensome and exhaustive. Therefore, it might be difficult for victims to obtain remedy.
In relation to the PR 13/2018, he believes that the obligation to disclose information on corporate beneficiary owner (BO) is important. This information is useful to identify who should be hold responsible for the corporate wrongdoings. Unfortunately, although information on BO is regarded as a public information. The procedures to obtain public information may not be an easy tasks.
Iman, one of the very few scholars focusing on business and human rights in Indonesia argues that “procedures to obtain remedy for corporate crimes must be made simple”. And “obligation to disclose BO must be adopted into the Law No. 40 of 2007 on Limited Liability Company, so that failure to comply may be sanctioned,” he added.