Indonesian Journal of Law and Society最新文献

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Corporate Social Responsibility and MNCs: An Appraisal from Investment Treaty Law Perspective 企业社会责任与跨国公司:投资协约法视角下的评价

Indonesian Journal of Law and Society Pub Date : 2021-09-30 DOI: 10.19184/ijls.v2i2.24262

S. Dawood

{"title":"Corporate Social Responsibility and MNCs: An Appraisal from Investment Treaty Law Perspective","authors":"S. Dawood","doi":"10.19184/ijls.v2i2.24262","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.24262","url":null,"abstract":"Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), considered prominent sources of CSR voluntary standards. This study analyzed significant advances in including such voluntary standards in investment treaty law, which led to implementing globally agreed norms regarding sustainable development into action. In addition to the inclusion of CSR standards in legally binding documents, this study argued that the practical issues involved in implementing the CSR standards should be addressed from the perspective of capital-dependent developing countries. To this end, this study adopted the due diligence test to apply CSR standards in cross-border investments better. For this purpose, theoretical analysis that combined descriptive and analytical approaches based on the available primary and secondary sources best suited current research. The study showed that applying CSR standards in capital-dependent developing countries was only possible when corporate, home state, and the host government took appropriate actions at the policy level. It concluded that such additional measures were needed to effectively implement CSR standards emphasizing prevention was better than cure and ensuring the appropriate due diligence process by the relevant parties. \u0000KEYWORDS: Corporate Social Responsibility, Investment Laws, Developing Countries.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116463641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Corporate Legal Liability for Corruption in the Private Sector 私营机构贪污的企业法律责任

Indonesian Journal of Law and Society Pub Date : 2021-09-30 DOI: 10.19184/ijls.v2i2.24146

I. Salam, Satria Unggul Wicaksana Prakasa

{"title":"Corporate Legal Liability for Corruption in the Private Sector","authors":"I. Salam, Satria Unggul Wicaksana Prakasa","doi":"10.19184/ijls.v2i2.24146","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.24146","url":null,"abstract":"Corruption in the private sector has been an emerging issue in Indonesia, regarded to become a serious problem to the rule of law. In this case, the problem is the difficulty in tracking down perpetrators of corruption in the private sector since legal accountability does not pay serious attention. For example, the Rolls Royce case involved many jurisdictions in Indonesia that experienced obstacles due to limited authority and low commitment from the country. This study aimed to examine how private sector corruption is linked to legitimizing bribery by foreigners by answering the following questions: what is the legal liability of corporations as perpetrators of corruption in the private sector? What are the legal mechanisms in Indonesia for understanding private sector corruption? In this study, the socio-legal method was used to analyze corruption as a national and international crime to respond to the raised legal issues. The socio-legal method is a legal research method that can do more than regulate the law. The results indicated that the pattern of corruption in the private sector for officials could result in corrupt policies. Furthermore, for the private sector, it can lead to unfair business competition. Therefore, it must be handled immediately so corruption cases in the private sector cannot continue to occur, causing harm to the public and indirectly affecting the country. \u0000KEYWORDS: Corruption, Criminal Liability, Private Sector.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128420088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

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