Procurement Policy as a Manifestation of State Responsibility in Preventing Forced Labor

Abstract

Government public procurement constitutes a massive portion of national expenditure, possessing significant potential to drive market behavior. However, government supply chains are increasingly vulnerable to human rights abuses, particularly forced labor practices. This study aims to analyze the urgency and the conceptual framework for implementing Human Rights Public Procurement (HRPP) as a manifestation of the state's responsibility to prevent forced labor. This study employs a normative legal research method using statutory and conceptual approaches. The findings reveal that the state holds a dual role as both a market actor and a human rights duty bearer. Integrating human rights clauses into procurement stages from planning and vendor selection to contract management is a crucial instrument to ensure that public funds do not contribute to modern slavery. Currently, public procurement regulations in Indonesia do not explicitly mandate Human Rights Due Diligence (HRDD) for vendors. Therefore, this study concludes that implementing HRPP policies is not merely an administrative option but a legal and moral obligation of the state, aligning with the United Nations Guiding Principles on Business and Human Rights (UNGPs). This research recommends national procurement policy reform to integrate strict human rights compliance standards as a core qualification requirement for goods and services providers.