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Pengaturan Karakteristik Beneficiary Owner di Indonesia Kusrini Purwijanti; Iman Prihandono
Notaire Vol. 1 No. 1 (2018): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Tulisan ini dibuat untuk menganalisa ruang lingkup dan jangkauan pengaturan karakteristik Pemilik Manfaat (Beneficiary Owner) serta potensi penggunaan Pengaturan keterbukaan Pemilik Manfaat terhadap Korporasi di sektor pertambangan di Indonesia. Metode penelitian hukum yang digunakan adalah pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Tulisan ini menunjukkan Keberadaan Beneficial Owner (BO) telah dikenal dalam konstruksi hukum Indonesia. Meskipun pada UU PT dan UU Penanaman Modal tidak secara tegas mengatur mengenai BO, namun pengaturan BO telah nampak pada regulasi yang lebih teknis yaitu dalam bidang perpajakan. Kejelasan BO akan dapat membantu dalam menentukan pertanggungjawaban hukum bila pelanggaran hukum oleh korporasi terjadi. Lahirnya Perpres 13/2018 semakin memperkuat kewajiban membuka dan mengenali BO di Indonesia. Sehingga Perpres 13/2018 dapat menjadi instrumen yang membantu mengenali dan mengidentifikasi pihak yang paling bertanggungjawab atas kerugian yang terjadi akibat operasi usaha korporasi. Oleh karena itu, perlu adanya sanksi yang tegas bagi perusahaan yang tidak menjalankan prinsip pengenalan dan keterbukaan BO. Sehingga sebaiknya kewajiban keterbukaan BO diatur kedalam instrumen hukum Undang-undang sehingga memuat mekanisme sanksi administratif dan pidana.

Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court Iman Prihandono
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs). These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

Business and Human Rights Concerns in the Indonesian Textile Industry Iman Prihandono; Fajri Hayu Religi
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Indonesia is the tenth largest textile exporter in the world. The textile industry has long been the major industry to absorb labour force in the country. The textile industry substantially contributes to the national economic growth by employing 3.58 million workers, or 21.2 per cent of the total labour force in the manufacturing industry. The textile business has been growing over the previous decade. Based on the Bank of Indonesia report, this industry significantly contributes to the Gross Domestic Product (GDP) of Indonesia. The contribution increased from Rp96.3trillion (US$7billion) in 2010 to Rp139.4trillion (US$10.2billion) in 2015. However, the textile industry in Indonesia does not only positively contribute to the country’s economic growth, it also creates negative impacts, such as environmental issues. As will be explained further, these environmental impacts include environmental damage caused to the Citarum River and Sukoharjo. The textile industry’s contribution to pollution is also high at a global level. Among the G20 countries, Indonesia is ranked 2nd for the highest levels of water pollution caused by the textile industry with 29.25 per cent, slightly below Turkey (32.21 per cent). Even though most of the international brands, such as GAP, H&M and Inditex, have already adopted human rights standards and policies, there are still many cases that show the failure of these companies to uphold human rights. For this reason, the implementation of international standards is needed to achieve a more sustainable textile industry. This article discusses business and human rights concerns in relation to the Indonesian textile industry. It addresses several environmental issues caused by the textile industry, discusses human rights standards and policies in the textile industry, and finally shows possible ways of implementing such international standards (i.e. Eco Label and the Bangladesh Accord) in Indonesia.

LITIGATING CROSS-BORDER ENVIRONMENTAL DISPUTE IN INDONESIAN CIVIL COURT: THE MONTARA CASE Prihandono, Iman; Dewanty R. K., Esty Hayu
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident released crude oil into the sea and continued until November 2009. The Montara platform is owned by PTTEP Australasia Pty. Ltd., a company incorporated under the law of Australia, and a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast of Kolbano, it was found that the sea water has been polluted with crude oil. There was an indication that the crude oil was identical to those of at the Montara well head platform. This incident has been detrimental to at least 9.000 fishermen and seaweed farmers along the coast of West Timor Sea, with total losses estimated at USD2.4 billion. This article examines the possibility of a lawsuit brought by the affected communities to the Indonesian civil court. This article finds that filing a lawsuit against foreign entity may be possible. Article 100 RV of the Indonesian law on civil procedure provide an opportunity to sue foreign entity when a contractual relationship exists.

Adaptation of Contract Models of Oil and Gas : A Comparative Study Cut Asmaul Husna; Lina Hastuti; Iman Prihandono
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i1.85

Differences in law systems, constitution, legislation, and regimes in oil and gas business across the world enforce to have a comparative study by extending laws in oil and gas. It is, from global perspective, implemented a constant demand to the law to take essentialization categories as its base. Nature required universalism, an analysis of valid and constant law sifted toward cosmopolitan law. Manifestation of globalization was transformed and corresponded to natural regulations in adapting a contract model. Oil and gas and its exploring development within global law systems included Civil Law, Common Law, Socialist Law, Scandinavia Law, and Islamic Law. Important discoveries in oil and gas sector, therefore, might have changes by universally global cosmopolitan law.

Indonesia Sustainability Reporting Standard: What Needs to be Improved? Iman Prihandono; Dewi S. Yuniarti
Padjadjaran Journal of International Law Vol. 7 No. 1 (2023): Padjadjaran Journal of International Law, Volume 7, Number 1, January 2023
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v7i1.1159

Responsible economic growth is an integral part of the goal of sustainable development. This transition to sustainable development needs to be based on a change in the mindset of business actors that business activities will be better and more sustainable if they pay attention to social, environmental and governance aspects (ESG). Recent data shows that there is a predicted increase of ESG investment by the end of 2021 by 73%, with a global fund asset being expected to reach $18 trillion in 2021. In line with this understanding, Financial Services Authority (OJK) have previously released the Sustainable Finance Roadmap Phase I (2015 - 2019) which aims to increase the understanding and capacity of business actors to move towards a sustainable economy. One significant output of the Roadmap is the issuance of OJK Regulation No. 51/POJK.03/2017 on the Implementation of Sustainable Finance, which stipulates the obligation for Financial Service Institutions, Issuers, and Public Companies to submit sustainability report. To accelerate the transition to a sustainable economy, OJK has recently issued the Sustainable Finance Roadmap Phase II (2021-2025), which focuses on ESG-based business development. This paper seeks to examine the comparison between the sustainability reporting obligation under the OJK Roadmaps with global ESG instruments, including United Nations Principles for Responsible Investment (UNPRI), Global Reporting Initiative (GRI), and the European Union Directive on Non-Financial Reporting, and to analyse whether OJK Roadmap II has accommodated the interest of global investors in light of ESG Investment, particularly reliable ESG reporting obligation by companies listed in the Indonesia Stock Exchange. It will conclude with a comprehensive evaluation of aspects needed to be improved by the existing Roadmap II to increase ESG investment in Indonesia.

Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law Mia Amiati; Adhryansah Adhryansah; Iman Prihandono
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3687.pp230-248

In light of the increasing role of corporations in facilitating gross human rights violations, this article seeks to evaluate the implementation of the Indonesian Criminal Law in addressing corporate criminal liability. Notably, the recently amended Indonesian Criminal Law recognizes corporations as subjects of criminal law, but Law No. 26 of 2000, which regulates gross human rights violations, does not. Consequently, this research specifically scrutinizes the Indonesian Criminal Code, Law No. 26 of 2000, and international legal standards to answer the issues: rules of aiding and abetting under international criminal law and the applicability of corporate culture theory, and the implementation of Indonesian Criminal Law in addressing corporate criminal liability for gross human rights violations. Examining these issues relies on three methodologies, namely the statutory approach, conceptual approach, and case approach. The results of this article uncover that the recognition of corporations as subjects under the new Indonesian Criminal Code and rectification of the ratione materiae of Law No. 26 of 2000 open the avenue for corporations to be held criminally liable for gross human rights violations based on aiding and abetting. Furthermore, the theory of corporate culture envisaged in the new Indonesian Criminal Code renders the plausibility of holding corporations liable if they are deemed to cultivate a culture that pushes or encourages a gross human rights violation.

Climate Litigation in Indonesia: Lessons from the Royal Dutch Shell Case Prihandono, Iman
Media Iuris Vol. 7 No. 2 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i2.57628

This article compares the concept of unlawful act in the Indonesian and Dutch Civil Codes, with specific attention to the notorious decision of the Milieudefensie et al v. Royal Dutch Shell Case. Therein, the Dutch Court applied unwritten law under Article 6:612 of the Dutch Civil Code, calling for reduction in carbon emissions through policy changes by the Shell group. The use of unwritten law allowed for a comprehensive assessment of legal bases, including international soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights. Inspired by such a decision, this article aims to unveil the readiness of Article 1365 of the Indonesian Civil Code in entertaining a similar case. It compares the approach taken in the Milieudefensie et al. v. Royal Dutch Shell Case with pertinent decisions by the Indonesian court concerning the implementation of Article 1365 of the Indonesian Civil Code. Furthermore, it focuses on two prongs of civil liability that are necessary for establishment: 1) unwritten law; and 2) causality. By doing so, this article aims to contribute to the evolving realm of climate litigation, specifically within the framework of civil law.

Expanding the Jurisdiction of the International Criminal Court Prihandono, Iman; Yuniarti, Dewi Santoso
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.05

Environmental destruction and exploitation of natural resources are some of the main causes of humanitarian conflicts, which are often international in scale. One instance was the crime of genocide conducted by Al-Bashir, which was triggered by exploitation of natural resources (resource war), causing pollution of vital water sources, and ending with conflict in Darfur, Sudan. This case is evidence that environmental destruction can be a driving factor for crimes against humanity. In response to this, the International Criminal Court (ICC) issued a Policy Paper, which sets out considerations to prosecute cases of environmental destruction and illegal exploitation of natural resources, which is referred to by some as ecocide. With growing demand of the international community, not only natural persons, but corporations are urged to be prosecuted before the ICC for ecocide. This research is normative legal research. It is intended to outline the current rise of demand for the ICC to prosecute cases of ecocide, whilst challenging the existing jurisdiction of the ICC based on the Rome Statute. This paper will discuss whether the ICC have jurisdiction to adjudicate ecocide, expanding the Court’s jurisdiction to prosecute corporations, and crimes conducted in and/or by citizens of States that are not members of the Rome Statute, such as Indonesia. This paper concludes with constructive recommendations for businesses to start re-evaluating their business plans to put environment and human rights awareness into priority concern.

Elaboration of the Concept of Serious Human Rights Violations in Indonesia: Jus Cogens in the Framework of Corporations Criminal Responsibility Adhryansyah; Prihandono, Iman; Rachman, Taufik
Yuridika Vol. 40 No. 2 (2025): Volume 40 No 2 May 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i2.60820

The handling of serious human rights violations committed by corporations in Indonesia remains legally and practically uncertain, particularly regarding the recognition of corporations as subjects of international human rights law. This issue has become increasingly urgent, as some corporations with strong financial influence are able to pursue profit at the expense of fundamental human rights, often without facing adequate legal consequences. The lack of a clear and enforceable framework for holding corporations criminally accountable risks enabling impunity and undermining justice for victims. This research aims to address that gap by developing a legal concept of corporate criminal responsibility specifically for gross human rights violations, tailored to the Indonesian context. The study adopts a statutory, conceptual, and case-based approach to explore how corporate liability can be effectively integrated into the national criminal justice system. It also emphasizes the need for harmonization between Law Number 26 of 2000 on Human Rights Courts and Law Number 1 of 2023 on the Criminal Code, in order to ensure legal coherence and uphold jus cogens norms—universal principles of international law that prohibit severe human rights abuses such as genocide, torture, and crimes against humanity. By proposing a structured approach to corporate accountability, this research seeks to strengthen Indonesia’s legal capacity to respond to serious human rights violations and contribute to the broader goal of promoting justice and the rule of law.

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