scholarly journals Corporate Social Responsibility in the Rule of Law and Welfare State Concept

2016 ◽  
Vol 1 (2) ◽  
pp. 277 ◽  
Author(s):  
Busyra Azheri
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Welfare State ◽  
Rule Of Law ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Limited Company ◽  
The Republic ◽  
Corporate Social

The provision of the Law Number 40 of 2007 concerning Limited Company on Corporate Social Responsibility has changed the nature of such responsibility from voluntary into mandatory. Similarly, it strengthened welfare state (verzorgings staat) concept as commanded by Article 33 (3) and (4) of the 1945 Constitution of the Republic of Indonesia. Denaturing of this Corporate Social Responsibility is progressively assured by the Decision of Indonesian Constitutional Court, so that responsibility must be performed as legal responsibility or mandatory.

scholarly journals Corporate Social Responsibility in the Rule of Law and Welfare State Concept

2016 ◽  
Vol 1 (2) ◽  
pp. 277
Author(s):  
Busyra Azheri
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Welfare State ◽  
Rule Of Law ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Limited Company ◽  
The Republic ◽  
Corporate Social

The provision of the Law Number 40 of 2007 concerning Limited Company on Corporate Social Responsibility has changed the nature of such responsibility from voluntary into mandatory. Similarly, it strengthened welfare state (verzorgings staat) concept as commanded by Article 33 (3) and (4) of the 1945 Constitution of the Republic of Indonesia. Denaturing of this Corporate Social Responsibility is progressively assured by the Decision of Indonesian Constitutional Court, so that responsibility must be performed as legal responsibility or mandatory.

scholarly journals Legal Analysis Contradictory Regulations on the Granting of Sanctions on Environmental Social Responsibility in Indonesia

2019 ◽  
Vol 1 (3) ◽  
pp. 67-70
Author(s):  
Rise Karmilia
Keyword(s):  
Corporate Social Responsibility ◽  
Law Enforcement ◽  
Social Responsibility ◽  
Rule Of Law ◽  
Environmental Responsibility ◽  
Legal Analysis ◽  
The Rule Of Law ◽  
Positive Law ◽  
Social Environmental ◽  
Corporate Social

Indonesia mentions the term Corporate Social Responsibility with Environmental Social Responsibility. Then this was abstracted into the positive law of Indonesia so that contributing voluntary activities for human transformation became an obligation. These obligations are set forth in the Corporate Social Responsibility, as well as this becomes a differentiator from other countries. In the development of regulations regarding Environmental, Social Responsibility experiencing a variety of problems including the absence of synchronization of law, the view that Environmental Social Responsibility is an obligation, then has an effect on the provision of sanctions given to companies that do not carry out Social Responsibility. This research proposes that a regulation be renewed on social environmental responsibility so that harmonization in the rule of law occurs and can maximize law enforcement and sanctions in Social Responsibility.

Corporate social responsibility as an effective promotional tool for the Malaysian halal certified companies in the era of Covid-19

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Haruna Babatunde Jaiyeoba ◽  
Shahoriyer Hossain ◽  
Hamzah Mohd Salleh ◽  
Amal A.M. Elgharbawy
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Sampling Technique ◽  
Legal Responsibility ◽  
Future Research ◽  
Content Type ◽  
Employee Welfare ◽  
Corporate Social ◽  
Profit Maximisation ◽  
The Relationship

Purpose This paper aims to intend to ascertain whether corporate social responsibility (CSR) can serve as an effective promotional tool for the Malaysian halal certified companies in the era of Covid-19 pandemic. Starting from being nice to do, the emergence of the Covid-19 pandemic has brought CSR to the forefront of businesses, forcing them to rapidly shift from profit maximisation to business preservation. Thus, it is practically crucial to ascertain whether CSR could be effectively used to promote halal brands in this era. Design/methodology/approach To achieve the stated aim, a survey questionnaire was developed and used to collect data from 295 participants who are familiar with the concepts of CSR and halal in Malaysia. The data collected were analysed using both descriptive and inferential statistics. Findings The findings reveal that the commitment to halal best practices, zakat and charitable donations, environmental responsibility, employee welfare and responsible dealings with clients are the most important CSR activities that can promote halal certified companies in the era of Covid-19. Whilst there is a positive relationship between halal economic responsibility and CSR as a promotional tool, such relationship is not significant. Nevertheless, the relationship between legal responsibility and CSR as a promotional tool is negative and insignificant. Research limitations/implications Limitations are inevitable in any study where a convenient sampling technique is used. Respondents from Klang Valley in Malaysia make up a large proportion of the study’s sample. This may consequently limit the generalisability of the findings of this study. Hence, future research should adequately collect data from other cities in Malaysia. Moreover, this paper does not differentiate between perceptions of Muslims and non-Muslims or between male and female; this might have an effect, as Muslims are likely to favour most of the items in the questionnaire used to collect data for this study. Thus, future research may collect sufficient data to shed more light on this issue. Originality/value The researchers have revealed that CSR is an effective promotional tool for the Malaysian halal certified companies in the era of Covid-19 pandemic. Study of this nature is rare in academic literature.

scholarly journals Three-dimensional Corporate Social Responsibility Model of a Postal Service Provider

2018 ◽  
Vol 30 (3) ◽  
pp. 349-359 ◽  
Author(s):  
Marija Unterberger ◽  
Predrag Vešović ◽  
Katarina Mostarac ◽  
Dragana Šarac ◽  
Spasenija Ožegović
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Objective Assessment ◽  
Three Dimensional ◽  
Three Dimensions ◽  
Postal Services ◽  
Postal Network ◽  
The Republic ◽  
Responsibility Model ◽  
Corporate Social

In this paper, the term “corporate social responsibility” (CSR) was first observed based on the existing pyramid, which defines CSR as a set of economic, legal, ethical, and philanthropic activities. Then the dimensioning of the model of corporate responsibility in postal system was performed, where seven categories of the CSR model were defined. Only one category (out of seven) represents a set of all four activities defined by the existing pyramid. Based on this, a new model of CSR in the postal system was developed, that is seen through the development of three dimensions of the postal network: physical (PH), electronic (E), and financial (F). The main objective of the paper is to define a CSR model that will ensure the economic, social, and environmental development of the postal market by synergistic operation of all three dimensions of the postal network. An analysis of the existing state of the postal services market was carried out, and then the level of the future development of the postal network was determined. Through evaluation or systematic and objective assessment of the CSR model based on the determined parameters, measurability of the CSR model is assured. This paper deals with the case of the public postal operator (PPO) in the Republic of Serbia (RS).

scholarly journals ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Advantages And Disadvantages ◽  
Institutional Values ◽  
The Law ◽  
The Republic ◽  
The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

scholarly journals THE INCONSISTENCY OF THE CONSTITUTIONAL COURT ON THE APPLICATION OF THE HYUNDAI-INSPIRED INTERPRETATION Democratic Alliance v Speaker of the National Assembly (CCT86/15) [2016] ZACC 8

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Themba Maseko
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Case Note ◽  
Constitutional Court ◽  
National Assembly ◽  
High Court ◽  
The Rule Of Law ◽  
The Republic ◽  
The One ◽  
Do So

The Hyundai-inspired interpretation obliges the courts to interpret, where possible, legislation in conformity with the Constitution of the Republic of South Africa 1996. This process involves taking into account the objects and purports of an Act and interpreting its provisions in the manner that complies with the constitutional values. Essentially, it ensures that courts give preference to an interpretation of legislation that is within the parameters of the provisions of the Constitution over the one that is not. However, courts do not apply the Hyundai-inspired interpretation if it cannot be ascribed to the provision of the legislation in question or if it is not reasonably possible for them to do so. Such situations include the Hyundai-inspired interpretation that unduly strains the text, or that obliges the court to read-in too many qualifications. In these situations, the courts have to declare the legislative provision in question unconstitutional and resort to the remedy of reading- in or notional severance. The Hyundai-inspired interpretation is evidenced in quite a number of cases. However, this case note critically dissects the manner in which the Constitutional Court applied it in the case of Democratic Alliance v Speaker of the National Assembly ((CCT86/15) [2016] ZACC 8).It concludes that the manner in which the Constitutional Court applied it, in this case, is inconsistent with the manner in which the Constitutional Court applied it in the case of Abahlali Basemjondolo six years earlier. When interpreting the word “disturbance” which section 1 of the Powers Privileges and Immunities of Parliament and Provincial Legislatures Act (4 of 2004) defined as “any act which interferes with or disrupts or which is likely to interfere with or disrupt the proceedings of Parliament or a House or Committee” and which the High Court had found to be too broad that it had the effect of finding a robust and controversial debate unconstitutional, the Constitutional Court unexpectedly read in too many qualifications to the word “disturbance” in conformity with the Constitution. The reason being, the Constitutional Court, six years earlier, found the approach of reading- in too many qualifications in conformity with the Constitution to be straining the text and to be contrary to the rule of law and the principle of separation of powers in the case of Abahlali Basemjondolo.

scholarly journals The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern

2017 ◽  
Vol 13 (3) ◽  
pp. 467
Author(s):  
Rósaan Krüger
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Procedural Fairness ◽  
Constitutional Court ◽  
The South ◽  
Public Power ◽  
The Rule Of Law ◽  
The Republic

The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,[1] the majority of the Constitutional Court opted for an interpretation of this value that frees the President from adherence to the demands of procedural fairness when exercising certain constitutional powers. This note will investigate the soundness of that interpretation against the background of theoretical expositions of the rule of law and earlier Constitutional Court judgments.[1]      2008 1 BCLR 1 (CC).

scholarly journals Implementation Corporate Social Responsibility Of Regional Owned Business Agencies To Help Handling Covid-19 In Kendal

2021 ◽  
Vol 2 (2) ◽  
pp. 84-98
Author(s):  
Andhang Kuswandriyo
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Economic Democracy ◽  
The People ◽  
The Social ◽  
National Economic ◽  
The Republic ◽  
Environmental Mobilization ◽  
Definition Of ◽  
Corporate Social

Abstract                                                                              Improve the welfare of the community in the area around the company and corporate responsibility. This can happen because the community feels affected by the environment that comes from the company's operations. The improvement of conditions in the social environment is one way of fulfilling the responsibilities known as corporate social responsibility or CSR. The definition of economic democracy in the national economy is based on the principles of unity, equity, sustainability of function, environmental mobilization, independence, and in maintaining the balance of development and national economic unity, it is important to support the 'main economic institutions; to determine the welfare of the people. CSR activities for the community are a process of migration and are related to the existing resources in the community. Currently, Social Welfare is no longer voluntary in nature but it has become the responsibility of many companies to implement it, although so far there have been no serious sanctions imposed on non-CSR companies. Keywords: CSR; Corporate social responsibility; Law of the Republic of Indonesia Number 40 of 2007; Community Welfare

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