Corporate Criminal Liability: Human Rights Violations under Indonesian Law

This article analyzes corporate criminal liability related to human rights violations, emphasizing the challenges of attributing corporate responsibility for such acts. It explores the implications of the new Indonesian Criminal Code and discusses notable cases of corporate complicity in international crimes. By evaluating both the theoretical aspects of corporate culture and practical case studies, the article advocates for a strengthened legal framework in Indonesia to effectively address these violations.

The topic of corporate criminal liability, particularly regarding human rights violations, is subject to significant debate and diverse interpretations. Different jurisdictions adopt either the ‘identification approach’, which links corporate liability directly to individuals, or the ‘organizational approach’, focusing on the corporate structure. However, holding corporations accountable for severe human rights violations remains problematic as these actions are frequently attributed to individuals rather than organizations, as exemplified by the Rome Statute of the International Criminal Court. Corporations increasingly participate in multinational activities, often engaging in lobbying or collaborations that provide them with the means to commit or facilitate significant human rights abuses. Reports by the International Commission of Jurists highlight instances where businesses have aided state actors or rebel groups in perpetrating atrocious acts against civilians. Examples such as Lundin Energy’s connection to war crimes in Sudan and similar allegations against corporations operating in the Israeli-Palestinian conflict underscore the critical need to scrutinize corporate involvement in atrocities. In Indonesia, ExxonMobil’s engagement with military forces that committed human rights abuses raises similar alarms. Additionally, recent allegations concerning Indonesian arms manufacturers supplying Myanmar’s military junta—a regime involved in actions tantamount to genocide—exemplify the risks posed by corporate complicity. Such corporate actions may not meet the threshold of direct perpetration but could classify as aiding and abetting human rights violations. The corporate culture theory suggests that corporations can be held liable because their internal environment either promotes or fails to prevent criminal behavior. Notably, Indonesia’s new Criminal Code, Law No. 1 of 2023, incorporates provisions relevant to these concepts, including aiding and abetting and the corporate culture framework. The amendments to the existing laws signify a shift towards recognizing corporations as potential subjects of criminal liability concerning human rights offenses. Evaluating how Indonesia’s revised legal framework might address corporate participation in gross human rights violations is essential to enhance its legal response to and accountability for such conduct. This analysis indicates a pressing need for a sturdy legal framework that addresses corporate complicity and fosters a corporate culture sensitive to human rights.

The article discusses the evolving legal landscape regarding corporate accountability for gross human rights violations, particularly emphasizing the recent amendments to Indonesian criminal law. Different approaches to corporate criminal liability, such as the identification and organizational approaches, are examined in conjunction with practical examples of corporate involvement in human rights abuses. It further contextualizes this issue within the framework of international law and highlights the necessity of a robust legal framework in Indonesia to combat corporate complicity. With multinational corporations increasingly influencing global and local dynamics, understanding the intersection between corporate responsibility and international human rights law becomes vital. The discussions surrounding corporate conduct not only affect victims but also have significant implications for corporate governance and legal accountability.

In summary, the article underscores the urgent need for a robust legal framework to address corporate criminal liability concerning gross human rights violations in Indonesia. The examination of legal approaches, case studies, and the implications of corporate complicity reveals that while multinational enterprises play a pivotal role in potential human rights abuses, there are mechanisms within the law, particularly under the new Indonesian Criminal Code, that could hold them accountable. Ultimately, addressing these issues is crucial for fostering corporate responsibility and ensuring that corporate culture aligns with human rights principles.

Original Source: unair.ac.id