The Reconstruction of Corporate Social Responsibility Regulation Based on Justice Values

Abstract

Corporate social responsibility is a medium to be able to resolve problems between companies and the community and government. The purpose of this study is The problems in this study are: 1) to find and analyze the regulation of Corporate Social Responsibility is not yet based on the value of justice; 2) to find and analyze the weaknesses of the current Corporate Social Responsibility regulation; 3) to reconstruct the regulation of Corporate Social Responsibility based on the value of justice. The research method uses the constructivism paradigm, with the socio-legal research approach method and descriptive research type. The type and source of data uses secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature, and qualitative analysis methods. The theory used is theory of justice as the Grand Theory, the theory of legal system as the Middle Theory and the progressive legal theory as the Applied Theory. The results of the study are: 1) Corporate Social Responsibility regulation is not yet based on the value of justice that there is no clear definition of what is meant by Corporate Social Responsibility; 2) The weakness in the legal substance aspect is that regulations that have unclear words in the formulation of their articles have been proven to have influenced law enforcement against disputes in Indonesia. The weakness in the legal structure aspect is that the practice of implementing Corporate Social Responsibility is increasingly difficult, due to the lack of coordination among law enforcers; 3). Reconstruction of Corporate Social Responsibility regulations based on justice values consists of value reconstruction and norm reconstruction. The value reconstruction to be achieved is that Corporate Social Responsibility regulations that were previously not based on justice are now based on justice values.