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ABSTRACT
This research is related to Constitutional Court Verdict Number 53/PUU-VI/2008 on
Judicial Review of Article 74 of Company Liability Act Number 40/2007. The verdict
officially and legally stipulates that mandatory CSR legal provision be made consistent
with the Indonesian constitution. Therefore, the mandatory CSR legal provision is still
part of Act Number 40/2007 of Limited Company Liability. The verdict was passed in
2008 but its realization was delayed since the Ministry for Justice and Human Rights
passed Regulation Number 47/2012 on Social and Environmental Responsibility. This
regulation is only executed four years after the regulation was released. During that
period there was pro and contra debates among business associations, the government,
CSR academics, and CSR based NGOs on the enactment of mandatory CSR legal
provision. This research examines and analyzes the following key issues: (1) the
philosopical rationale behind the enactment of mandatory legal provision, (2) the
mandatory CSR standard of guidelines currently used by corporations, and (3) the
functions, liabilities and jurisdiction of the mandatory CSR surveillance body in
Indonesia. Using a qualitative approach, this study applies a content analysis as an
analysis tool. Relevant data from journal articles, relevant books, Bill, and rules and
regulations were collected. Additionally, some field data were collected from the
interviews with thirty key CSR resource persons. These respondents consisted of
academics, CSR-based NGOs, government officials, corporations, and business
association representatives. The findings are as follows; the government of Indonesia
should strengthen regulation on CSR by passing an Act on CSR, the establishment of
CSR surveillance body is necessary, mandatory CSR rules, regulations, and guidelines
are also important to be codified and passed by the Government and Indonesia Manual
on Mandatory CSR is encouraged to be passed by the Government. Accordingly, this
research significantly provides some recommendations on a comprehensive information
dissemination of the enactment of mandatory CSR. It also suggests a proper mandatory
CSR standard be outlined to suit the Indonesian context and complexity, and that better
management functions, liabilities, and jurisdictions of the mandatory CSR surveillance
body be strengthened in Indonesia. It is hoped that the findings would benefit the
implementation of mandatory CSR legal provision and the drafting of a better
mandatory CSR legal framework in the country.
Keywords: Corporate Social Responsibility, CSR Law, Mandatory CSR, Policy CSR.
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ACKNOWLEDGEMENTS
All praise is due to Allah SWT, peace and blessing be upon Prophet Muhammad
SAW, his family and his companions. I would like to express my appreciation to the
following person who always support and help me during this thesis- making.
I would like to acknowledge advice, guidance, support and kindness of my
academic supervisor Prof. Dr. Asmah Laili Hj Yeon. Thank you for all the opportunities
that you have showed me to which definitely will help me in my future career.
I acknowledge for scholarship is provided by Aceh Scholarships Commission
who gave me an opportunity to pursue my PhD degree in Law at College of Law,
Government and International Studies Universiti Utara Malaysia (UUM). Further, I
highly appreciate the support and contribution of all people including all Aceh PhD
students who encourage me to finish my thesis in time.
Moreover, my endless appreciation is directed to my wife, Susanti who always
accompanying me and encouraging me in her passionate and also waiting for a long
period of my study at UUM.
In addition, I would like to acknowledge my endless appreciation and perpetually
grateful to my late mother Rosdiana Dalimunthe for what I have achieved today. she had
taught me to be a tough person and she will remain in my heart forever. Allah
Subhanahu Wata’ala grants her a jannah. Even though, you are not exist today but I
believe that your soul are still standing by me. her spirit will be the greatest power for
me to sustain my life ever.
My special thanks also come to my late step mother Sri Mulyani who has supported and
helped me very much in the early stage of my study. Further, my great appreciation is
also given to my late uncle Ilham bin Tgk Ilyas Leube for his support both spirit and
financial. May Allah Subhanahu Wata’ala grants him a jannah too.
I would like also to thankful to my father Muhammad Darsah who never give up
providing me advice, guidance and supports in whole my life, especially during my PhD
study at UUM. Again, my highly appreciation come to my younger sister Dia Aulia, her
husband Tawarmiko and my three nephews Akbar Al-Hazhiem, Isagali and Sirhan Adli.
Your endless support to my study is really unforgettable.
At last but not least, I would like to thankful to anybody who support me during
the completion of my thesis, their humble acceptance and valuable inputs and advice
always be a spirit for me to finish my thesis.