UNAIR NEWS – Since the United Nations Guiding Principles on Business and Human Rights (UNGPs) adopted by United Nations Human Rights Council (UN) in 2014, many countries have adjusted their legal instruments, including Indonesia.
In this regards, Iman Prihandono, Ph.D, one of the lecturers of Faculty of Law of , attended the International Conference on Business and Human Rights in Bangkok, Thailand on Thursday, July 12.He presented his paper entitled ‘Recent Development on Access to Remedy for the Victims of Corporate Human Rights Abuse in Indonesia’.
The conference, organized by Asia Center, was themed Holding the Government Responsible.Participants included academics, practitioners, and civil society organizations, only from Asia, but also America and Europe.
In his presentation, Iman explained about two regulations that can help victims of human rights violations by the corporation in getting the recovery.The two regulations are the Supreme Court Regulation Number 13 Year 2016 on Procedures of Handling Crime by Corporations and Presidential Regulation Number 13 of 2018 on Implementation of Principles of Recognizing Beneficiaries of Corporations for the Prevention and Eradication of Money Laundering Crime and Criminal Acts of Terrorism Funding.
“Perma 12/2016 opens opportunities for corporations prosecution for environmental, forestry, plantation, mining and fishery laws violations.However, the restitution mechanism for victims is still too long, “he explained.
Similarly, Presidential Regulation Number 13/2018.By disclosing information on the beneficial owner of the corporation, it will make it easier for the victim to track down the responsible party.
“Unfortunately the process of obtaining public information is also not that simple,” said Iman.
Therefore, Iman suggested a special mechanism for victims of criminal violations by corporations to obtain restitution.In addition, information about the beneficial owner should also be accessible to the public easily and without cost.(*)
Author: Pradita Desyanti
Editor: Binti Q. Masruroh
