Obligations Of Company Research Articles

Analisis Yuridis Penerapan Produk Hukum Corporate Social Responsibility Dalam Pembangunan Daerah.

Abstract: Corporate Social Responsibility (CSR) is the company's obligation to provide a portion of the profits to help the community around the company's area. However, have every mining company fulfilled its social obligations in accordance with the mandate or legal products related to CSR to the community? This normative legal research article uses a statutory approach to obtain prescriptions about more effective legal remedies related to the implementation of CSR in regional development. Several relatively large and national companies have indeed successfully implemented CSR programs. However, in general, the implementation of CSR by regional scale companies has not been maximally carried out and felt by the community, especially the local community where the company is located.Keywords: Corporate Social Responsibility; Regional Development.

Kewajiban Perusahaan Pertambangan Dalam Reklamasi Lahan Tambang Menurut Undang-Undang Nomor 3 Tahun 2020 Tentang Pertambangan Mineral Dan Batubara

Aside from the rise of environmental issues regarding mining activities, especially in the context of reclamation and post-mining activities, there have been changes in the regulations governing them. The reclamation program for ex-mining land is a mandatory program that must be carried out by every company, both private and non-private. Reclamation is an activity carried out throughout the mining business stages to organize, restore, and improve the quality of the environment and the ecosystem so that they function again according to their designation. The placement of post-mining guarantees by companies should not eliminate the company's obligation to carry out post-mining activities. If the company has a shortage of reclamation planning costs, placement of reclamation guarantees, implementation of reclamation, or release or disbursement of reclamation guarantees to complete post-mining activities under the stipulated guarantee, it remains the company's responsibility.

Corporate social responsibility and white-collar crime: exploring how companies can promote ethical behavior and prevent white-collar crime within their organization

Corporate social responsibility (CSR) and white-collar crime are two topics that have gained increasing attention in recent years. CSR refers to a company's obligation to conduct business in an ethical and socially responsible manner. White-collar crime involves illegal activities committed by individuals in positions of power and authority within organizations. The relationship between CSR and white-collar crime is complex. Companies that prioritize CSR may still be vulnerable to white-collar crime. This is because white-collar crime often involves individuals who abuse their positions of power for personal gain, regardless of a company's ethical standards. Companies may prioritize CSR for strategic reasons, such as improving their reputation and avoiding legal sanctions, rather than out of a genuine commitment to social responsibility. Despite these obstacles, there is a growing understanding of the significance of addressing white- collar crime as part of CSR. This involves initiatives to promote organizational openness and accountability, as well as increased scrutiny of individuals in positions of authority. Some argues that CSR can help prevent white-collar crime by fostering an organizational culture of ethical behavior and accountability. The relationship between CSR and white-collar crime is an important area of inquiry for both academics and practitioners. With a better understanding of how these two concepts intersect, we can work towards creating more socially responsible and ethical organizations.

Quo Vadis Employee Participation concerning Share Ownership in Companies in Indonesia

In general, in various companies, workers are rarely considered company assets, so that in various company developments, the role of workers is not an important thing to consider. However, along with the times, workers are then considered as company assets and have even begun to develop in various companies that include workers in share ownership of the company concerned and by participating in company share ownership (ESOP: Employee Stock Ownership Program), thus workers feel become part of the company. Article 43 Paragraph (3) letter a Law no. 40 of 2007 concerning Limited Liability Companies (“UUPT”) basically states that companies can offer shares to their own employees. However, basically there is no obligation for companies to include their workers in the ownership of company shares according to the Company Law. The problems in share ownership in companies for workers are (1) What are the legal problematic dilemmas regarding workers' participation in share ownership in companies in Indonesia? (2) What is the normative regulation of workers' share ownership in a company if it is to be regulated in sources of employment law, both autonomous and heteronomous? . In general, it can be concluded that there are still many obstacles in terms of workers wanting to be included in company ownership because according to laws and regulations participation in company share ownership is not a mandatory thing for companies to do, but must be an initiative of workers' associations and/or unions. Apart from that, there is also the problem of how to regulate normatively related to share ownership in the company for workers so that workers have a legal basis to own shares in the company.

Mandatory Human Rights Due Diligence Laws: Blurring the Lines between State Duty to Protect and Corporate Responsibility to Respect?

ABSTRACT This paper assesses mandatory human rights laws for companies in light of the public–private divide in international human rights law. It asks whether and to what extent these laws contribute to the blurring of the private–public divide by reducing or even eliminating the boundaries between the obligations of public and private entities. The paper also assesses whether maintaining the divide is normatively desirable from the perspective of international human rights law. It first explains the public–private divide in international human rights law by recalling its doctrinal basis, reflecting on attempts to create binding obligations for companies in international human rights law, and assessing the United Nations Guiding Principles on Business and Human Rights within this framework. Next, it analyses existing and proposed domestic laws and legal instruments aimed at establishing human rights obligations for companies. It highlights the difference between approaches directly binding companies to human rights and laws requiring human rights due diligence. Based on this, the paper concludes that the public–private divide remains a useful analytical framework for international human rights law even though the boundaries between public and private are increasingly blurred in practice.

Corporate Tax Planning: ESG and Corporate Tax Planning

Environmental, social, and governance (ESG) is a framework for considering certain risks and opportunities applicable to a company. Investors, and increasingly regulators, are requiring disclosure of certain ESG-related metrics and data. Some of these data reflect the externalities that a company creates with respect to the environment and to society. Investors, and potentially regulators and governments, can use these data to evaluate the company and price negative externalities. Being prepared and proactive will allow a company to develop a tax strategy that is consistent with its larger ESG goals. Globally, there is an increasing obligation for companies to publish a tax strategy, as well as to disclose uncertain tax positions and aggressive tax planning to the tax authorities and the public. This trend is also making its way into Canada, albeit at a slower pace. As the Canadian government and investors move toward pricing negative externalities using ESG metrics, it is crucial that Canadian companies start to consider the role of ESG with regard to tax planning, if they have not done so already. Canadian companies should also consider how their tax strategy will be perceived by the company's stakeholders, including the public, clients, and employees.

Indonesia Sustainability Reporting Standard: What Needs to be Improved?

Responsible economic growth is an integral part of the goal of sustainable development. This transition to sustainable development needs to be based on a change in the mindset of business actors that business activities will be better and more sustainable if they pay attention to social, environmental and governance aspects (ESG). Recent data shows that there is a predicted increase of ESG investment by the end of 2021 by 73%, with a global fund asset being expected to reach $18 trillion in 2021. In line with this understanding, Financial Services Authority (OJK) have previously released the Sustainable Finance Roadmap Phase I (2015 - 2019) which aims to increase the understanding and capacity of business actors to move towards a sustainable economy. One significant output of the Roadmap is the issuance of OJK Regulation No. 51/POJK.03/2017 on the Implementation of Sustainable Finance, which stipulates the obligation for Financial Service Institutions, Issuers, and Public Companies to submit sustainability report. To accelerate the transition to a sustainable economy, OJK has recently issued the Sustainable Finance Roadmap Phase II (2021-2025), which focuses on ESG-based business development. This paper seeks to examine the comparison between the sustainability reporting obligation under the OJK Roadmaps with global ESG instruments, including United Nations Principles for Responsible Investment (UNPRI), Global Reporting Initiative (GRI), and the European Union Directive on Non-Financial Reporting, and to analyse whether OJK Roadmap II has accommodated the interest of global investors in light of ESG Investment, particularly reliable ESG reporting obligation by companies listed in the Indonesia Stock Exchange. It will conclude with a comprehensive evaluation of aspects needed to be improved by the existing Roadmap II to increase ESG investment in Indonesia.

Food safety culture in food companies: evaluation of the perception of food safety culture in three Tuscan food companies.

The Commission Regulation (EU) No. 2021/382 (European Commission, 2021), amending the Regulation (EC) No. 852/2004 (European Commission, 2004), introduced the obligation for companies to establish and maintain a food safety culture (FSC). The methodology to evaluate, implement, and enhance the level of FSC is up to the individual companies. This study aimed to investigate the perception of FSC among the employees of 3 Tuscan medium-sized enterprises in the food sector, producing cured meat (A), dairy products (B), and frozen fish products (C). The survey was conducted through the development and administration of a questionnaire based on a 5 points Likert scale, referring to different aspects of FSC, organized in 6 sections with 5-6 statements each and subjected to a percentage of employees between 76 and 85%, classified also by the length of service (≤3 and >3 years). For all the companies, the minimum median and mode value for scores obtained by the different sections was 4, and the minimum median and mode value for the single statement was 3 (A, B; except for a bimodal value 2-4) and 4 (C). The section awareness and perception of risk showed the highest mean scores in all companies. As for the length of service, senior employees gave lower scores than junior ones in all sections in B and 3 sections in C. Overall, the results of the questionnaires showed a good perception of FSC, even though it was possible to identify some partial weaknesses.

ANALYSIS OF SERVICE BUSINESS GROWTH AND MARKETING STRATEGIES USED IN THE DIGITAL TECHNOLOGY ERA DURING THE COVID-19 PANDEMIC

In the current era of the COVID-19 pandemic, people are expected to be able to engage directly in the digital world. As done by PT. Sucofindo Medan. Continuous technological innovation is the company's obligation to be able to compete with competitors. Therefore, PT. Sucofindo Medan must update the marketing strategy used. The aim of this research is to analyze the growth of the service business and marketing strategies used in the digital era during the COVID-19 pandemic at PT. Sucofindo. The theory used is to look at the company's Value Preposition which is connected to the marketing mix indicator. Based on the research results, it is known that the application of Value Preposition becomes a company evaluation based on the Customer Profile indicator, namely Customer Jobs, pains, and gains, which explain the desires and obstacles felt by consumers. The company provides solutions for Product and Services indicators, Gain Creators and Pain Relievers. The combination of Value Preposition Marketing Mix on company promotion indicators can be improved by developing many applications that can help potential customers, one of which is KSO-SCISI, which is able to monitor orders, receive payments, and accommodate customer feedback so that service is more optimal.

Exploring new antecedent metrics for safety performance in Ghana’s oil and gas industry using partial least squares structural equation modelling (PLS-SEM)

Safety plays a major role in the oil and gas industry's capacity to function successfully within acceptable risk and dangerous conditions. Thus, promoting a safe working environment is an obligation for oil and gas companies with inherently high risks. Even though the oil and gas industry's safety records have greatly improved due to better technology and improved levels of risk perception, some stakeholders remain worried about the industry's present safety performance. This research studied the safety practices and performance of a critical sector in Ghana; the oil, gas, and allied energy industry, and proposed an integrated strategy for investigating new antecedent metrics for enhancing the safety performance in the sector. A Partial Least Squares (PLS) structural equation modelling (SEM) analysis found that 1) safety training is the most significant contributor to safety performance and 2) This relationship is best mediated through safety knowledge and safety culture. The results further demonstrate that effective safety training is another safety management practice that can help develop a well-functioning safety policy. However, this study found that safety training had no significant effect on safety compliance, and safety compliance had no influence on safety performance. Oil and gas companies in Ghana seeking to improve safety compliance should prioritize safety training practices that demonstrate a clear commitment to safety concerns, improved accessibility and clarity of safety procedures, and training that emphasizes increased knowledge of safety issues and safety procedures.

TELAAH HUKUM OMNIBUS LAW DAN PERLINDUNGAN TENAGA KERJA INDONESIA (Perspektif Undang-Undang No: 11 Tahun 2020 Tentang Cipta Kerja)

Law Number 11 of 2020 concerning Job Creation, one of which regulates labor rights. Labor rights are the company's obligation to workers which must be protected by the State through law, therefore the state must be present to ensure that its citizens get their rights in working in order to meet the basic needs of citizens' lives so that the welfare of the Indonesian people can be achieved. This is in accordance with the 1945 Constitution, namely the state creates welfare and progress of the nation. The method in this study uses normative law, namely doctrinaire legal research methods or library research by analyzing the law as a primary source of law and literary literacy. Theproblem caused by the enactment of Law Number 11 of 2020 concerning Job Creation is the reduction of labor rights, such as there are several articles that are deleted and added that are considered impartial to workers, for example in article 79 of the Job Creation Law, it is stated that overtime is carried out 4 hours in 1 day and 18 hours a week. The extended overtime time from the provisions of the Manpower Law 32/2003 states that overtime work time can only be done at most 3 (three) hours in 1 (one) day and 14 (fourteen) hours in 1 (one) week. In addition, the calculation of wages changes according to the company's ability and worker productivity, so it has the potential to be unsuitable for wages received by workers, to the threat of female workers because they do not get a salary when on menstrual and maternity leave.

PERTANGGUNG JAWABAN PERUSAHAAN TERHADAP PEKERJA YANG DIRUMAHKAN (WFH) BERDASARKAN UNDANG-UNDANG NO.13 TAHUN 2003

Analyzing the company's obligation to the laid-off employees is the goal of this study. In this study, concepts, pertinent instances, and a normative approach based on legal theory were used. With data presented as narratives and conclusions drawn based on the analysis's findings, this study used a qualitative writing technique. The study's findings led to changes in a few employment laws, including Law No. 13 of 2003, which replaced it as the primary employment law. This change prevented the term "at home" from being recognized, meaning that moving into someone's home is not the same as being fired.Regarding workers who have been laid off from the termination of employment but who still receive full pay and are subject to reduction, the company must engage in negotiations with the union or workers, which is addressed in a special set on the Employment Minister Manpower Letter Number: SE-05/M/BW/1998. Bipartite and tripartite negotiations can be used to resolve the problem of workplace conflicts with businesses.

Legal and Ethical Issues of Reverse Engineering the Video Game

A massively multiplayer online role-playing game (MMORPG) is a type of online video game that allows many players to participate in the game simultaneously; Players can interact with each other worldwide to cooperate or compete (Gose, 2014). Reverse engineering could enable the company to improve the efficiency and quality of the game product (CSCHEAFER, 2020). Video game companies could examine the strength of a game system while finding competing companies’ weaknesses in terms of security, interoperability, and performance (NC State University, n.d.). The author will analyze intellectual property laws to help understand how to protect the video game industry when implementing reverse engineering. Additionally, the author will explain how a video game companies could strengthen the legal and ethical frameworks for protecting the legal rights of the video game industry, such as the sale, distribution, licensing of games. When a company spends time and money to develop a new game, it should put itself into other inventors’ shoes to think about whether it is ethical and legal to reverse engineer others’ products without significantly hurting their economic benefits and intellectual property rights (GeeksPrep, n.d.). Moreover, this paper will illustrate the moral obligation of companies and the importance of minimizing the risk of harm to companies and inventors during reverse engineering products.

EMPRESA QUE DORME, A ONDA LEVA: O CASO DA AC COMEX

This teaching case reports the dilemma of the AC COMEX company, which has been operating since 2003 in the field of consultancy and solutions for international trade companies. From 2012 its main service became the SISCOSERV registry. However, in 2020, the obligation for companies to supply SISCOSERV with data on imports and exports was suspended, compromising the management of AC COMEX and its sustainability in the market. The primary sources were interviews and direct communication with AC COMEX partners. As a secondary source, the company's official website and documents provided by the partners were used. The present case is a platform for evaluating the strategies used and for diversifying international business that minimize the impact of threats from the external environment, bringing financial sustainability to the company. After the debate period, the class is expected to drive the best decisions, and what the company could have done. Class members should analyze the proposed strategies and can make a more correct final decision.

Relacije između posvećenosti zaposlenih, korporativne društvene odgovornosti i organizacionog građanskog ponašanja u Srbiji

Companies are increasingly facing various challenges and opportunities in global business, and one significant aspect affecting their reputation, success, and sustainability is corporate social responsibility (CSR). Corporate social responsibility in the processing industry in Serbia is becoming an increasingly important topic both for companies themselves and for the broader community. CSR refers to the awareness and obligation of companies to take steps toward sustainable business practices that consider economic, social, and environmental aspects. The aim of this research is to examine the relationship between dimensions of corporate social responsibility and organizational citizenship behavior (OCB), as well as the mediating effect of employee commitment in the relationship between dimensions of corporate social responsibility and organizational citizenship behavior. This is important because CSR has a positively predictive impact on OCB, especially when employees are committed. The sample includes a total of 72 large companies in the processing sector operating within the territory of the Republic of Serbia. The dataset was compiled between November 2019 and August 2021, and Partial Least Squares Structural Equation Modeling (PLS-SEM) analysis was employed to examine the relationships between variables. The authors determined a positive direct impact of CSR on organizational citizenship behavior as well as a positive direct impact on employee commitment. Furthermore, a positive indirect effect of employee commitment on the relationship between CSR and organizational citizenship behavior was revealed. The concluding section of the study encompasses theoretical and practical implications, recommendations for future research and acknowledges research limitations.

Legal Obligations of Corporate Social Responsibility as Efforts to Improve the Image of Islamic Banking in Indonesia

: This study aims to identify and analyze Islamic banking policies in maintaining and even improving the image/reputation of Islamic banking and to contribute scientifically to CSR in Islamic banking based on national law and Islamic law. This study uses a qualitative normative legal research method with a conceptual, statutory, and sociological approach. The results of this study indicate that the image or reputation of Islamic banking is the beliefs or feelings of consumers or stakeholders about Islamic banking itself. The reputation of Islamic banking is respect, assessment, and even appreciation from consumers or stakeholders. Islamic banking in improving its image or reputation can be done through CSR. This study provides a descriptive picture of Islamic banking, in general, to provide quality programs through CSR. CSR activities by several examples of Islamic banking in Indonesia refer to the company's obligation to protect and contribute to the community and stakeholders where the company is located. The concept of CSR in Islam is implemented in 3 (three) models of responsibility, namely the relationship of responsibility to Allah SWT; responsibility to humans; and responsibility to the natural environment. The concept of CSR in Islamic banking is a necessity that needs to be implemented as a form of responsibility towards fellow humans and the environment.

Sinkronisasi Pengawasan CSR dalam Hukum Positif Indonesia

Since CSR has become an obligation for companies through Law Number 40 of 2007 concerning Limited Liability Companies. However, in its implementation there are still many problems. One of them is the regulation of CSR which has been implicitly regulated in various sectoral laws. So the problem that will be studied in this paper is how to synchronize the supervision of Corporate Social Responsibility (CSR) in the Limited Liability Company Law, Investment Law, Government Regulation No. 47 of 2012, as well as Article 23 and Article 24 of Malang Regency Regulation No. 1 of 2013. The research method used in this paper uses a normative juridical research type, using a statutory approach, a conceptual approach, and a comparative approach. The PT Law and the PM Law have different definitions regarding CSR, although both laws require the implementation of CSR, both have not provided clear regulations regarding the mechanism for monitoring CSR implementation. Then based on the mandate in Article 74 paragraph (4) of the Company Law, PP No. 47 of 2012, the establishment is intended to clarify the implementation of CSR but in fact the articles contained in the PP also do not accommodate the supervision of CSR implementation. Although it is not regulated in the Law and PP, the Malang Regency Regulation clearly regulates the supervision of CSR implementation. In this study, it is concluded that the various regulations are synchronized, namely in terms of implementation accountability, sanctions, and regulations for monitoring the implementation of CSR. Therefore, the government needs to form a separate law that accommodates CSR comprehensively along with the mandate of establishing a CSR supervisory body whose job is to oversee the implementation of CSR, giving executive authority to impose sanctions on those who do not carry out CSR.

Penal responsibility of oil companies for environmental pollution

Abstract: This research deals with the criminal responsibility of oil companies for polluting the environment. What is meant is the pollution resulting from the work of companies operating in the field of the oil industry, whether it is the extractive or refining industry, the transport and filtration stage, or the petrochemical manufacturing stage, which constitutes the most prominent pollutants in the living environment and the most capable of causing a disruption to the system. The environment and its living and non-living components, and because of this, the investment legislation in Iraq and all countries of the world emphasizes the obligation of investors and companies working in this field to preserve the integrity of the environment. Accordingly, the nature of the subject of this research necessitated its treatment in two sections: In the first section, we dealt with the nature of oil pollution of the environment, and in the second section, we studied the legislative treatment of the crime of environmental pollution by oil companies. Keywords: (environmental pollution, oil companies)

PENGARUH KOMPENSASI FINANSIAL TERHADAP KINERJA MELALUI MOTIVASI SEBAGAI VARIABEL INTERVENING DI PT AMAAN SITUBONDO

One of the important factors in the field of human resources is to provide financial compensation and motivation which is the right of employees and the company's obligation to support the contribution of workers in order to achieve the goals that have been determined. The purpose of this study was to analyze and examine the effect of Financial Compensation on Performance through Motivation as an intervening variable at PT. AMAAN Situbondo. The sampling method is determined by probability sampling. Data analysis and hypothesis testing in this study used the Structural Equation Model - Partial Least Square (PLS-SEM). The results of the direct influence hypothesis test using the Smart PLS 3.0 application, show that financial compensation has a significant positive effect on motivation, financial compensation has a significant positive effect on performance, motivation has a significant positive effect on performance, financial compensation has a significant positive effect on performance through motivation

The origin story of rapamycin: systemic bias in biomedical research and cold war politics.

METEI (Medical Expedition to Easter Island) was a Canadian-led expedition to Easter Island in 1964 that led to the discovery of rapamycin, launching a billion-dollar drug industry and major field of biomedical research. Stanley's Dream, by medical historian Jacalyn Duffin, provides remarkable details about METEI and raises important and timely questions about systemic bias in biomedical studies, the relationship between science and geopolitics, as well as obligations of pharmaceutical companies to indigenous communities. As such, this book is a must-read for those interested in the intersection of science and society as well as anyone who has used rapamycin, or one of many derivatives, in their laboratory or clinic.