The Protection Of Human Rights In Fisheries Sector: The Link Between Corporation And State Responsibility In Indonesia’s Experiences

The fisheries sector has a risk of human rights violations. Indonesia has many fishing industries, so it is necessary to make regulations on protecting human rights in fisheries. The responsibility for protecting human rights lies to the State and corporations. This article will analyze the responsibilities of corporations and the State in protecting human rights in the fishery sector. This study uses a normative juridical method with secondary data sources. The analysis was carried out in a qualitative normative manner and conclusions were drawn deductively. Based on the research results, State and corporation have responsibility to protect human right. The United Nations issued the United Nations Guiding Principles on Business and Human Rights (UNGPs) as a guide for corporations that have three pillars of responsibility, namely to protect, to respect and to remedy. Subsequently, the Government of Indonesia issued Regulation of the Minister of Maritime Affairs and Fisheries Number 35 of 2015 concerning Human Rights Certification in the Fisheries Sector that requires “fisheries entrepreneurs” to implement an enterprise-level compliance scheme consisting of three elements: (1) the establishment of a broad human rights policy; (2) mechanisms to facilitate due diligence; and (3) a remediation mechanism. In addition, the government issued the MMAF regulation Number 2 of 2017 concerning Requirements and Mechanisms for Fisheries Human Rights Certification. Indonesia has formed a human rights team and conducted human rights certification training for companies. Until 2021, the government has not implemented human rights certification because there are various obstacles, including the lack of common perception, lack of socialization, and lack of training.