Shidarta .


The substance of corporate social [and environmental]
responsibility as stipulated in Article 74 of Law No. 40 Year
2007 on Limited Corporation has been creating controversies.
Despite the huge pressures from many parties to annul the
article, The Indonesian Constitutional Court concluded to
maintain it as a binding article and believed that its content is
still in line with the constitution. Accommodating CSR into our
legal system can be considered a progressive step for the sake
of Indonesian people in majority, especially for those who have
a very limited access to utilize our natural resources. On the
other hand, many companies seem still reluctant to implement
the mandatory CSR although Article 74 possibly impose
criminal sanctions against the violaters. The author of this
paper believes that the controversial issues over CSR are
lingering on several fundamental discourses, such as the
dichotomies between morality and law, between responsibility
and liability, and between individual/public interest and social
interest. He intends to discuss these dichotomies in the
perspective of legal philosophy.

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