Business and Human Rights Case Study of PT Graha Benua Etam

Abstract

Triple bottom line of the business and human rights implementation, which links corporate social responsibility (CSR), the economy, social welfare, and culture (EKOSOB), the national business and human rights task force (GTN BHAM), which produces PRISMA (Penilaian Resiko Hak Asasi Manusia), and National Action Plan for Human Rights (RANHAM), are factors that businesses need to take into consideration. Case evidences involving PT. Graha Benua Etam's Coal Mining and 17 Mining Enterprises, shows that these factors are still not being considered in actuality. This study is a normative judicial analysis using a statute approaches. The purpose of this study is to explain how human rights philosophy, principles, and laws are violated. This study also compares Indonesia's implementation to those of ASEAN and the EU. The relationship between the case and international standards like OECD Guidelines, UN Guiding Principle (UNGP), and ISO 26000 will be explored. The findings of this study demonstrate the need for improved regulation to ensure the application and advancement of business human rights practice sector. This study suggests in order to enhance implementation and avoid recurrence of such incidents, clear regulation, principles, theories, and guidelines should be put in place.