RESPONSIBILITY OF MINING CORPORATIONS TOWARDS HUMAN RIGHTS: AN ANALYSIS OF INTERNATIONAL STANDARDS AND THEIR IMPLEMENTATION IN INDONESIA

Abstract

The mining sector in Indonesia is often associated with human rights violations, ranging from land grabbing, environmental pollution, to violence against affected communities. However, under the international legal framework, corporations have an obligation to respect human rights as stipulated in the United Nations Guiding Principles on Business and Human Rights 2011. This principle emphasizes that corporations are required to conduct Human Rights Due Diligence to prevent and address the negative impacts of their activities. This study uses a normative juridical method with a legislative and conceptual approach to examine the responsibility of mining corporations towards human rights. The analysis focuses on harmonization between international standards and Indonesian national law, specifically Articles 28A-28J of the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 3 of 2020 concerning Minerals and Coal. The results of the study indicate that although Indonesia has a regulatory framework that accommodates the principle of corporate human rights responsibility, its implementation is still weak. Key obstacles include weak oversight, limited access to justice for victims, and the widespread practice of Strategic Lawsuits Against Public Participation (SLAPPs) against environmental human rights defenders. The study concludes that strengthening mandatory due diligence mechanisms, optimizing the role of the National Commission on Human Rights (Komnas HAM), and enforcing administrative and criminal sanctions are key to ensuring the accountability of mining corporations in Indonesia.