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All Journal Journal Evidence Of Law PENA LAW: International Journal of Law
Dedy Ardian Prasetyo
Jayabaya University, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations: Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations Simon S. Condro Kitono; Dedy Ardian Prasetyo; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.284

Abstract

The right to civil redress is a central pillar of reparative justice for victims of human rights violations. Although international legal instruments, such as the United Nations Basic Principles on the Right to Remedies and Reparation, affirm states’ obligation to guarantee this right, many have failed to establish mechanisms that are effective and accessible to victims. This article conceptualizes the principle of due diligence as a binding international legal standard that obliges states to prevent and respond to human rights violations and ensure the availability of accessible and enforceable civil restitution. Employing a normative legal method and a comparative case study of Argentina, Germany, and Indonesia, the analysis demonstrates that civil restitution remains the most fragile dimension of state accountability frameworks, with reparations frequently regarded as discretionary policies rather than legal mandates. To address this gap, this study advances a set of normative indicators for assessing states’ compliance with their reparation obligations. The findings highlight the imperative of embedding the principle of due diligence within national legal systems as a concrete legal obligation, thereby advancing victim-centered justice.
Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law Cindya Cindya; Dedy Ardian Prasetyo; Supaphorn Akkapin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1712

Abstract

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance
Reclaiming Justice: International Legal Dimensions of Land Reclamation on Human Rights, Sovereignty, and Environmental Equity Riska Kartini; Dedy Ardian Prasetyo; Supot Rattanapun
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1735

Abstract

Land reclamation has emerged as a global practice that extends far beyond technical infrastructure development, positioning itself at the crossroads of human rights, state sovereignty, and environmental justice. Despite the proliferation of studies addressing its ecological and economic impacts, a notable gap remains in scholarship that systematically integrates these three international legal dimensions. This study aims to address that gap by situating reclamation within the framework of international law, critically examining its normative implications. Employing a normative, juridical, and qualitative approach, the research relies on primary legal sources, including UNCLOS 1982, ICCPR 1966, ICESCR 1966, and key environmental declarations, complemented by case law from the ICJ and PCA. Secondary sources were collected through a comprehensive literature review across international databases and reports from global institutions. Data analysis was conducted through a hermeneutic interpretation of legal texts and a comparative examination of state practice. Findings reveal that reclamation often undermines the right to livelihood and a healthy environment, challenges the integrity of sovereignty when used to justify territorial expansion, and exacerbates ecological injustice by privileging elite interests over vulnerable communities. These results underscore the interdependence of rights, sovereignty, and environmental sustainability, suggesting the need for integrative normative frameworks. The study contributes to academic discourse by bridging fragmented literatures while offering practical guidance for policymakers. It highlights the urgency of embedding human rights impact assessments within environmental evaluations and strengthening regional consultative mechanisms to align reclamation practices with global legal norms
Co-Authors Cindya Cindya Riska Kartini Simon S. Condro Kitono Supaphorn Akkapin Supot Rattanapun