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"Originally, the concept of CSR was come from business ethic values that impose corporation's ethical responsibility to their social dan natural environment. That development of ethical business was part of social consciousness on the degradation of environment as impact of corporation activities. This reality also raised the deep environmental ethic or deep ecology which challenge anthropocentrism economical development and urged ecocentrism development. In Indonesia, this phenomenon was marked by the enactment of Act 4/1982 on environmental management. The constitutional debate on CSR just began when the Indonesian Constitutional court heard and decided the judicial review case of Act 40/2007 on limited liability company which stipulate CSR mandatory law for corporation that have activity in natural resources areas. In its decision, Constitutional Court refused the petition. This means that court affirmed that CSR mandatory law is not contrary to the constitution. However, the legal argumentation of the court was not shifted from economical and environmental perspectives. The constitutional basic of the decision is article 33 (4) concerning national economic principles and article 33 (3) concerning state power on land, water, and natural resources. The constitutional court did not use the human rights concept as the source of CSR mandatory law. "

"Originally, the concept of CSR was come from business ethic values that impose corporation’s ethical responsibly to their social and natural environment. That development of ethical business was part of social consciousness on the degradation of environment as impact of corporation activities. This reality also raised the deep environmental ethic or deep ecology which challenge anthropocentrism economical development and urged ecocentrism development. In Indonesia, this phenomenon was marked by the enactment of Act 4/1982 on Environmental Management.The constitutional debate on CSR just began when the Indonesian Constitutional Court heard and decided the judicial review case of Act 40/2007 on Limited Liability Company which stipulate CSR mandatory law for corporation that have activity in natural resources areas. In its decision, Constitutional Court refused the petition. This means that the court affirmed that CSR mandatory law is not contrary to the Constitution. However, the legal argumentation of the court was not shifted from economical and environmental perspectives. The constitutional basis of the decision is Article 33 (4) concerning national economic principles and Article 33 (3) concerning state power on land, water, and natural resources. The Constitutional Court did not use the human rights concept as the source of CSR mandatory law.In constitutional law perspective, we can justify the CSR mandatory law from human rights guarantee on the constitution. CSR is one of the obligations to respect, to protect, to fulfill, and to promote human rights. Those obligations are not only bind over the government, but also corporation and all citizens. In that perspective, CSR should be mandatory law not only for the corporation which manage or correlate with natural resource, but for all corporations that operate in the middle of the society."

"The main idea of Corporate Social Responsibility (CSR) which has become a hot topic at the present is that companies doing businesses are not only committed to their shareholders but also their stakeholders. This commitment is shown from the contribution to develop a sustainable economy by contributing to the environment and working with employees, their families, the local community and society at large to improve their lives in ways that are good for business and for development. Through CSR, the establishment of good corporate governance will be supported. It is one of the means in realizing the principles of corporate governance established by the Organization for Economic and Co-operation andDevelopment (OECD) in 2004. OECD listed these principles which are:

1. Ensuring the basis for an effective corporate governance framework

2. The rights of shareholders and key ownership functions,

3. The equitable treatment of shareholders,

4. The role of stakeholders in corporate governance,

5. Disclosure and Transparency,

6. Responsibilities of the Board.

The principles were first endorsed back in 1999 by OECD ministers and since then they have become an international benchmark for investors, policy makers, corporations and stakeholders worldwide.

The discussion on the matter of CSR reheated in Indonesia when there were rumors that a new law will be established on the requirement and details in conducting CSR.Eventually it became the main discussion due to the approval of the draft of the much fearful new law ; Company Law article 74 (UU Perseroan Terbatas pasal 74) on July 20th, 2007 one of which paragraph states that every company operating in areas relating to natural resources is obliged to fulfill its social and environment responsibilities. The approval of this new law surely invites pros and contras from many constituents. It seems that many still feel that CSR is not necessary and only should be voluntary. The problem is when CSR was a voluntary activity, only a few are willing to carry it out furthermore to give their best to contribute on the matter. Unilever as one of the companies realizing the importance of CSR has been executing CSR since it was first established. Its reputation in the CSR implementation is recognized nationally and internationally; many have awarded Unilever for its outstanding achievements. Programs are approached using the triple bottom-line approach so that it covers the three perspectives, namely social, economy and environmental. Thus, the company formulates CSR programs mainly in three areas environment, small and medium enterprises and health and hygiene. The programs have been enormously successful and have contributed significantly to the sustainable operations of the company and its position as a market leader and as the brand preferred by the people. This excellent implementation of CSR is a mirror image of the commitment made by the company to its stakeholders; an emphasis on the growing awareness in the industry to alter companies? point of views in their purpose of existence from maximizing shareholders? value to stakeholders? value. It has also helped the implementation of good corporate governance at Unilever as CSR is one of the elements of supporting good corporate governance."

"Ketentuan mengenai Corporate Social Responsibility (CSR) di Indonesia sejatinya diatur oleh beberapa ketentuan perundang-undangan yang berbeda. Pada sektor kegiatan usaha hulu minyak dan gas bumi (migas) sendiri, perusahaan yang memiliki Kontrak Kerja Sama (KKS) migas dengan pemerintah Indonesia (pemerintah) dikenakan kewajiban untuk melaksanakan setidak-tidaknya dua jenis CSR, yaitu Tanggung Jawab Sosial dan Lingkungan (TJSL) yang diatur pada Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (UU PT), dan Program Pengembangan Masyarakat (PPM) yang diamanatkan oleh Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi (UU Migas). Namun, adanya pembedaan antara kedua jenis CSR tersebut pada pelaksanaannya tidak dipahami dengan menyeluruh oleh berbagai pemangku kepentingan terkait. Padahal, kedua kewajiban tersebut telah secara tegas diatur pada ketentuan yang terpisah dan berimplikasi pada berbedanya tujuan serta mekanisme pada fase persiapan, pelaksanaan, pelaporan, dan evaluasi kegiatan. Oleh karena itu, skripsi ini hendak membahas konsep CSR, baik TJSL maupun PPM pada sektor kegiatan usaha hulu migas di Indonesia berikut dengan pengimplementasiannya di lapangan dengan cara melakukan tinjauan terhadap salah satu perusahaan afiliasi dari PT Pertamina (Persero) yang merupakan Badan Usaha Milik Negara (BUMN), yaitu PT Pertamina Hulu Mahakam (PHM), sebagai studi kasus yang memiliki KKS migas dengan pemerintah. Adapun metode penelitian pada skripsi ini ialah yuridis-normatif, dengan pendekatan kualitatif, serta menggunakan bahan kepustakaan primer dan sekunder. Pada akhirnya, peneliti mendapatkan kesimpulan bahwa pemerintah perlu mengatur dan menyosialisasikan ketentuan CSR dengan lebih komprehensif untuk menyamakan persepsi masyarakat sekaligus memperjelas mekanisme pelaksanaan, pengawasan, penegakan, serta pemberian sanksi bagi perusahaan yang melakukan pelanggaran terhadap peraturan tersebut.

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The provisions regarding Corporate Social Responsibility (CSR) in Indonesia are regulated by several statutory provisions. In the upstream oil and gas sector itself, companies that have oil and gas Cooperation Contracts (KKS) with the Indonesian government are subject to the obligation to perform at least two types of CSR, consisted of Social and Environmental Responsibility (TJSL) which regulated in Indonesian Company Law, as well as the Community Development Program (PPM) mandated by Indonesian Oil and Gas Law. However, there are a lot of stakeholders, including legal scholars, who consider those two types of CSR to be the same, as the result of not understanding the differences between each of them. In fact, those obligations have been explicitly regulated in separate provisions, which have implications for different objectives and mechanisms in the preparation, implementation, reporting and evaluation phases. Hence, this thesis discusses the concept of CSR and its implementation for both TJSL and PPM in Indonesia’s upstream oil and gas sector through an overview of one of the PT Pertamina (Persero)’s affiliated companies, namely PT Pertamina Hulu Mahakam (PHM), which has a KKS with the government as a case study. The research method used in this thesis is juridical-normative, through a qualitative approach, and uses primary and secondary library materials. In the end, the researcher concluded that the government needs to regulate CSR more comprehensively to equalize public perception while at the same time crystallizing the implementation, monitoring, enforcement and the restrictive measures, especially for companies that violate the regulation.

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"India's increasing population has attracted a host of multinational corporations (MNCs) to enter the country to tap its market. Because of their enthusiasm and the favorable market conditions, these MNCs get carried away and sometimes regulations are flouted. The absence of clear regulations leads to problems when government agencies find fault with MNCs products."

"Corporate Social Responsibility as a concept can be traced back as early as 19th century in Holland and early 20th century in United States. Since then the concept has been adopted with various responses around the world. Despite some ambiguities and differences that might prevail across nations, CSR gradually becomes a global concept, initiated with some MNCs which pay attention to their reputation. The experience in Dutch showed that although CSR was initiated by quite a few companies, the government has paid its attention to develop this concept in anticipating with the world development."

"There are increasingly interest from many corporation, especially among those having business in relation with natural resources world wide, towards Corporate responsibility (CR) or Corporate social responsibility (CSR). Occasionally, CSR would only be viewed as a mere philanthropic and image building activities. Yet CSR activities should actually be fully integrated with the company's strategy to acquire competitive edge to be the basis for business development and efficiency. In a comprehensive CSR, the company is involving alt levels of the company and its stakeholders in a continuous and step-by step process. To increase support on CSR, it is very important that the government, chamber of commerce, the business sector, the accountants, and other stakeholders work together to create a favorable climate, policies and incentives to the business sectors to implement CSR in their operation."

"Definisi CSR sejatinya telah diuraikan semenjak tahun 1950-an. Semanjak itu definisi CSR berkembang luas di kalangan bisnis. Namun demikian katan$an akademisi dan pendidikan memandans perlu untuk metakukan kajian ilmiah terhadap CSR karena terlihat bahwa CSR sefaagar suatu konsep berkembang luas yang berdampak pada kepentingan stakeholder perusahaan, dalam hal ini masyarakat umum,"