Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation

Human rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant...

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Main Authors: Pardomuan Gultom, Rumainur Rumainur
Format: Article
Language:English
Published: Badan Strategi Kebijakan Hukum dan Hak Asasi Manusia 2022-08-01
Series:Jurnal HAM
Subjects:
Online Access:https://ejournal.balitbangham.go.id/index.php/ham/article/view/2699
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author Pardomuan Gultom
Rumainur Rumainur
author_facet Pardomuan Gultom
Rumainur Rumainur
author_sort Pardomuan Gultom
collection DOAJ
description Human rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). However, with the emergence of factsregarding the impact of the company’s presence in a number of human rights violations, both domestic and multinational, there has been a discourse on the importance of non-state actors to be drawn as stakeholders in the human rights regime through the UNGP Principles in 2011. Agrarian conflicts as a result of the presence of oil palm plantations become a separate problem for business entities in the fulfillment of human rights, especially ESC rights, as a manifestation of the implementation of social and environmental responsibility norms. The method used in this research is normative legal research with a statute approach and a conceptual approach. This study aims to provide a juridical understanding that oil palm plantations as non-state actors also carry out obligations in fulfilling human rights.
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spelling doaj.art-fe1e4af96c3847f486df990f63f670272024-04-16T19:04:10ZengBadan Strategi Kebijakan Hukum dan Hak Asasi ManusiaJurnal HAM1693-87042579-85532022-08-0113230533210.30641/ham.2022.13.305-332555Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm PlantationPardomuan Gultom0Rumainur Rumainur1Program Studi Magister Ilmu Hukum Universitas Nasional (UNAS) JakartaProgram Studi Magister Ilmu Hukum Universitas Nasional (UNAS) JakartaHuman rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). However, with the emergence of factsregarding the impact of the company’s presence in a number of human rights violations, both domestic and multinational, there has been a discourse on the importance of non-state actors to be drawn as stakeholders in the human rights regime through the UNGP Principles in 2011. Agrarian conflicts as a result of the presence of oil palm plantations become a separate problem for business entities in the fulfillment of human rights, especially ESC rights, as a manifestation of the implementation of social and environmental responsibility norms. The method used in this research is normative legal research with a statute approach and a conceptual approach. This study aims to provide a juridical understanding that oil palm plantations as non-state actors also carry out obligations in fulfilling human rights.https://ejournal.balitbangham.go.id/index.php/ham/article/view/2699human rightssocial and environmental responsibilitybusiness and human rightsoil palm plantations.
spellingShingle Pardomuan Gultom
Rumainur Rumainur
Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
Jurnal HAM
human rights
social and environmental responsibility
business and human rights
oil palm plantations.
title Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
title_full Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
title_fullStr Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
title_full_unstemmed Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
title_short Juridical Analysis of Obligations to Fulfill Human Rights in the Business Practices of Oil Palm Plantation
title_sort juridical analysis of obligations to fulfill human rights in the business practices of oil palm plantation
topic human rights
social and environmental responsibility
business and human rights
oil palm plantations.
url https://ejournal.balitbangham.go.id/index.php/ham/article/view/2699
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AT rumainurrumainur juridicalanalysisofobligationstofulfillhumanrightsinthebusinesspracticesofoilpalmplantation