Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia)

Taufiqurrahman, Taufiqurrahman (2013) Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia). Juridical Tribune, 3 (2). pp. 45-65. ISSN 2247-7195

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Abstract

Regulatory on the Corporate Social Responsibility (CSR) by mandatory in
Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company
(hereafter the Company Law) raises a contradiction. Those who agree argue that the
company is not solely for profit, but more than that are participating in social issues and
the preservation of the environment within the framework of sustainable development.
Conversely, those who disagree view that social issues and the environment are the full
responsibility of state. The involvement of a corporation in social and environmental
activities is voluntary.
Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008
dated 13 April 2009 which rejected a requesting of material test of the Article 74
paragraph (1), (2) and (3) of the Company Law confirms the existence of the CSR by
mandatory in international trade traffic today.
The analytical results indicates that mandatory CSR regulation in the Company
Law is not a form of a state intervention to the private activities. In addition, the
arrangement is not contrary to the principles of free trade within the framework of the
General Agreement on Tariffs and Trade (GATT) / World Trade Organization (WTO).

Item Type: Article
Uncontrolled Keywords: Corporate Social Responsibility, Environment and Utility.
Subjects: K Law > K Law (General)
Divisions: Jurnal
Depositing User: Mochamad Danny Rochman, A.Md. Lib., S.S.I.
Date Deposited: 10 Mar 2020 12:44
Last Modified: 20 Dec 2023 10:26
URI: http://eprints.uwp.ac.id/id/eprint/831

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