Corporate Responsibility and State Obligations for Human Rights in Tesso Nilo: Decision No. 36/G/TF/2022/PTUN.Pbr

Abstract

This study analyzes corporate responsibility and state obligations in relation to the environmental degradation of the Tesso Nilo National Park (TNTN), caused by the establishment of an illegal oil palm plantation of approximately 1,200 hectares by PT Inti Indosawit Subur. Employing a normative legal research methodology, this paper integrates international environmental law, international human rights law, and national regulatory frameworks to evaluate how corporate responsibilities ought to be fulfilled and how state obligations to protect should be exercised. The findings demonstrate that the company failed to meet its responsibility to respect human rights as prescribed under international and national standards. Conversely, the state is found to have violated both its international and domestic obligations due to negligence in preventing land encroachment, weak oversight, and the absence of effective law enforcement. The decision of the Pekanbaru Administrative Court, subsequently upheld at the appellate and cassation levels, mandated comprehensive remedies, including reforestation and permit revocation. This study concludes that the environmental damage and human rights violations in TNTN resulted from a dual failure of both state and corporate actors, and underscores the urgency of adopting binding due diligence obligations and ensuring consistent law enforcement to prevent similar harm.