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Business and Human Rights Law and Policy
Published by Center for Law and Responsible Business Studies
ISSN : -     EISSN : 31104762     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Business and Human Rights Law & Policy Journal is a multidisciplinary journal which focuses on responsible business conduct, human rights, sustainability both in legal and policy perspectives, and encouraging the global south point of views.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
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Carbon Tax in Indonesia: Challenges and Opportunities Fatma Ayu Husnasari
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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Abstract

In order to control GHG emissions to support NDCs achievement, the government imposes a carbon tax. A carbon tax is an instrument which puts a price on the carbon released from the use of fossil fuels, namely oil, natural gas, and coal. This carbon tax is implemented to change industrial behaviour, as industries are encouraged to avoid this additional charge. Thus, it helps shift industries to green economic activities with low carbon emission. This paper will explore further regarding carbon tax in Indonesia addressing two questions: how is the laws of carbon tax in Indonesia? and what are carbon tax challenges and opportunities in the country? This paper consists of seven sections. The first section will present the background of carbon tax as a part of climate change initiatives in Indonesia. The second section will cover the development of carbon tax law in the country. The third section will present carbon tax in the international aspect. The fourth section will discuss further some challenges and opportunities of carbon tax in Indonesia. The fifth section will provide some highlights as a comparison in implementing carbon tax water in other countries. The final section will review the progress of implementation of carbon tax laws in Indonesia.
Gender Equality in Australia: Challenging the Gender Pay Gap that Underpins Family Decisions on Paid Work and Unpaid Care Wongsonegoro, Christopher
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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The disparity in average salaries between men and women in the workforce is referred to as the gender pay gap. Usually, it is computed as the percentage difference between males and women's average hourly or yearly pays. The gender pay gap is a measurement of the differential in earnings across genders and is frequently used to identify systematic biases and inequities in the labour market. It is significant to stress that the gender pay gap examines average incomes of men and women across industries, occupations, and sectors rather than comparing people in the same jobs. Factors such as occupational segregation, in which men and women often work in distinct industries and occupations, variations in educational attainment, professional advancement, and elements like discrimination and bias can all have an impact on the gender pay gap. In general, women carry a greater share of unpaid caregiving duties, such as those related to child and elder care. As a result of juggling caregiving obligations and paid labour, women's pays may be impacted due to career pauses, part-time employment, or career disruptions. This article seek to analyse to what extent the gender pay gap affects women's position in the labour market and their role in the household. It is found that the gender pay gap significantly affects family decisions about who does paid work and who does the unpaid care. The women's employment choices are influenced by the gender pay gap which causes them to give up their careers in order to fulfil unpaid caregiving obligations. Women may be more inclined to work part-time, take career vacations, or select flexible working arrangements due to lower pay, in order to accommodate caring obligations. This article proposes that companies could promote shared caregiving duties by encouraging paid parental leave for both mothers and fathers. Moreover, companies could also encourage and support flexible work schedules, to let employees balance their job and caring obligations.  
Buried Childhoods: Uncovering Illicit Child Labour in Madagascar’s Mica Mines Manitra, Ramalina Ranaivo Mikea; Andriamiandrisoa Hoby Nasandratra; Andrianjafimalala Harifia Domoinaniaina Claudia Valerine; Lanja Manohisoa Epifaniah
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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Around the world, child labour in the mining sector remains a grave human rights issue, disproportionately affecting impoverished communities in resource-rich yet economically marginalised regions. Madagascar is no exception, where thousands of children are engaged in hazardous mica mining under exploitative and unsafe conditions. This paper aims to critically examine the systemic use of child labour in Madagascar’s mica industry by analysing the findings of the NBC News documentary “Children Labor for Pennies Mining Mica in Madagascar” against the backdrop of relevant national and international legal frameworks. Employing a socio-legal method, the study assesses legal norms, policy instruments, and their implementation gaps to understand how legal obligations fail to translate into meaningful protections for children. The findings reveal widespread breaches of labour, mining, and child protection laws, including violations of the right to education, the prohibition of hazardous child labour, and the duty of state oversight. Despite the existence of robust legal provisions in the Labour Code, Child Protection Law, Mining Code, and Mining Permit Law, enforcement remains weak, particularly in informal and artisanal mining zones. Drawing from comparative policy experiences in countries like the United Kingdom, Burkina Faso, and the Democratic Republic of Congo, this paper recommends the adoption of binding corporate due diligence, formalisation of artisanal mining, and the establishment of cross-sectoral enforcement mechanisms to ensure that children are protected from exploitation across the mining value chain.
Hybridizing Due Diligence: Governing Human Rights Risks in Nigeria's Informal Economy Through Ground-Up Governance Muhammad jibril, Abubakar; Rabiu Abdulmudallib Bello
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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This article discusses how human rights due diligence can be operationalized in Nigeria's large informal economy using a hybrid governance approach. Applying a normative legal approach, we examine Nigeria's statute law, policy, and institutional stipulations (e.g., the 1999 Constitution and National Human Rights Commission Act), alongside recent policy documents like the National Action Plan (NAP) on Business and Human Rights (adopted in 2023) and attendant human rights strategies. We evaluate shortcomings of the existing top-down strategy, observing that formal business regulations and labour laws have the effect of excluding unregistered businesses and family enterprises, and outline the specific dilemmas of informal players. Pointing to examples such as the FIWON cooperative of street-level traders and local savings plans, we turn to "ground-up" governance institutions to complete state law. We discover that the presence of grassroots organizations and norms (e.g., workers’ cooperatives, market associations, and local leadership structures) can enhance accountability in the presence of weak formal enforcement. The article ends with reform proposals: legal reform to bring informal workers within the ambit of protection, formal recognition and support to community-based organizations, and formal collaboration between state regulators and grassroots networks. These actions would assist in closing the gap between Nigeria's HRDD goals and the situation of its informal sector.
Addressing Offshore Oil Rig Development by Companies in Areas Pending Maritime Boundary Delimitation Limy, Alvin
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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Due to the depletion of onshore oil and gas resources, there has been a growing effort to explore and extract oil and gas from offshore wells.  This decline, in turn, catalyses the increase in number of offshore oil rigs worldwide. Such offshore exploration, however, carries inherent, present and real risk of catastrophic spills.  An offshore oil rig, regardless of how meticulously it is constructed or operated, remains susceptible to disasters caused by human error, equipment and control failure, weak operating systems and procedures, hazardous materials as well as environmental phenomena.  It is inevitable that every offshore hydrocarbon drilling operation carries the inherent risk of causing large-scale and far-reaching environmental pollution. Notwithstanding the growing number of offshore oil rigs worldwide, there is yet an international legal regime that establishes corporate liability for pollution resulting from offshore oil rigs. The current international legal regime which addresses corporate liability are confined to vessel-source oil pollution.  The absence of any internationally agreed framework to properly regulate offshore hydrocarbon drilling creates substantial legal and environmental uncertainties, particularly in areas pending maritime boundary delimitation. This article will be addressing the legal status of offshore oil rigs whether it is fixed or mobile and what is the rights and obligations of countries in a pending delimitation over maritime boundary as well as the legal implication of oil and gas exploitation in disputed maritime area, including the corporate liability related to the offshore oil activities where the maritime area boundary is pending. The outcome of this article is to determine how effective is the current Law of the Sea in addressing such issues. This article finds that operation of offshore oil rigs in area pending maritime delimitation will cause difficulties to hold the oil rigs operator or companies liable for pollution caused by its activities. In particular, in areas pending maritime boundary, no state has jurisdiction over the exploration area.  Most importantly, no international legal regime exists to hold companies or offshore oil operators liable in the event of pollution, let alone in areas pending maritime delimitation.
How Regulatory Capture Which Prioritizing Private Sector Interests Exists in Indonesian Democracy Ekawestri Prajwalita Widiati
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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Indonesia takes pride in its status as a democratic state. Democracy is a fundamental principle reflected in the nation’s philosophical theory, deemed as Pancasila and embedded in its fourth principle, enunciating “democracy guided by the inner wisdom in the unanimity arising out of deliberations among representatives”. Significant changes made to the legislation-making process have led to the expectation that this increased democratic framework will concurrently enhance public participation. However, its status quo begs to differ as Indonesia may be witnessing a parliament that is gradually transitioning back to the New Order regime. Although its legislative process has ostensibly become democratic, the parliament has seemingly functioned as a forum that represents interests that are increasingly business- and profit-oriented. Data collected by Yayasan Auriga Nusantara and Tempo further show that the names of Parliament members are recorded in 1.106 companies in several sectors. The composition of the current parliament, with some having close connections with businesses, entailing prioritization of private over public interests, illustrates the regulatory capture phenomena. Signs of regulatory capture, substantiated by the lack of public participation in Indonesia’s legislative process, are paradoxical to its supposedly ‘democratic’ system. This paper, therefore, aims to demonstrate that Indonesia’s current legislation-making process does not enhance public participation, despite it having been engineered into a democratic procedure through the amendments to the 1945 Constitution and relevant statutory laws. It is found that democracy does not guarantee increased participation but may be used to obscure oligarchy and private interests. This entails a legislation-making process that is inherently captured by business interests. A lack of public participation does not always indicate the absence of a particular group’s involvement but can also denote that no genuine consideration is made towards its interests.
Navigating Reputation and Surviving Online Defamation Answendy, Putri Riska
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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In the digital age, reputation is more vulnerable than ever due to the rapid dissemination of information across online platforms. With the exponential growth of data flows globally, a single negative online review can significantly damage the credibility and success of professional service providers, such as lawyers and doctors. This essay explores the complex intersection between online reviews, reputation, and defamation. It questions whether businesses, particularly professional service providers, should be allowed to sue for defamation in response to harmful online reviews. Drawing on both normative theories and real-world examples, this article examines the evolving definition of reputation, the legal standards of defamation, and how digital platforms complicate traditional legal frameworks. The analysis is supported by statistical evidence from Australia, which shows a substantial increase in digital defamation cases over the past decade. Additionally, this article delves into the motivations behind online reviews and their growing influence on consumer behaviour. Anonymity in online reviews, while protecting users, also raises concerns over accountability. This article argues for a balanced approach that upholds freedom of expression while protecting professional reputations from unjustified harm. Ultimately, it advocates for clearer legal standards and improved digital literacy to navigate defamation in the online era.
Front Matter Volume 1 No. 2, August 2025 BHRLAWPLY
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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