Jurisdiction Over Foreign Palm Oil Companies for Human Rights Violations in Indonesia

DOI

10.2991/978-2-38476-491-4_11How to use a DOI?

Keywords

Jurisdiction; Human Rights; Palm Oil Companies

Abstract

Human rights violations linked to the palm oil industry in Indonesia have emerged as a critical concern, drawing substantial international scrutiny. Over the past few decades, the rapid expansion of palm oil plantations has been accompanied by a range of human rights abuses, including land dispossession, involuntary displacement of local populations, and labor exploitation particularly of vulnerable groups such as children and migrant workers. Furthermore, widespread environmental degradation resulting from deforestation and the destruction of natural ecosystems has severely impacted the rights of indigenous peoples and forest-dependent communities, undermining their cultural heritage and means of subsistence. Both domestic and multinational palm oil corporations have been implicated in these abuses, frequently operating with little regard for legal or ethical accountability. The persistence of such violations has fueled long standing socio environmental conflicts in various regions across the country. Indonesia possesses a legal basis to address these violations through national frameworks such as Law No. 39 of 1999 on Human Rights, along with international human rights treaties to which the country is a party. Institutions such as the National Commission on Human Rights (Komnas HAM) play a crucial role in monitoring and promoting the protection of human rights. However, the practical enforcement of these legal provisions remains fraught with challenges. Among the most pressing issues are systemic corruption, limited institutional capacity, weak judicial enforcement, and ambiguous corporate liability structures that allow companies to evade responsibility. Moreover, the state’s capacity to uphold human rights standards is often compromised by conflicting economic interests and political pressures, particularly given the significant role of palm oil in national export revenues. Although international legal frameworks offer avenues for transnational accountability, the most urgent and persistent obstacle lies in the effective and consistent implementation of human rights protections within Indonesia’s domestic legal system. Addressing these complex issues requires a multifaceted approach, including substantive legal reform to clarify corporate obligations, institutional strengthening to bolster law enforcement and judicial independence, and the development of robust regulatory mechanisms. Such reforms are essential not only to ensure justice for affected communities but also to align Indonesia’s palm oil sector with global human rights standards.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Dodik Setiawan Nur Heriyanto
AU  - Jaya Indra Santosa Putra
PY  - 2025
DA  - 2025/11/18
TI  - Jurisdiction Over Foreign Palm Oil Companies for Human Rights Violations in Indonesia
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 117
EP  - 128
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_11
DO  - 10.2991/978-2-38476-491-4_11
ID  - Heriyanto2025
ER  -