Suchergebnisse

The government regulates the facilitation of community plantation development as much as 20% of the area of rights by plantation companies. This provision which is the obligation of the company was still not regulated in a clear and firm legal arrangement so that it created multiple interpretations in its application. Based on this matter, the writer was motivated to analyze the legal arrangements for the facilitation of community plantation development by plantation companies and the obstacles encountered in the implementation. The plantation company which was the focus of the research was PT. Pamor Ganda with Business Right (known as HGU in Indonesia abbreviation) Number 16/1989 by studying the HGU extension document. This was a normative research with a statutory approach. The method of analysis performed was content analysis, then the interpretation was carried out to understand the conclusions. The results showed that legal arrangements in the land sector, Micro, Small, Medium Enterprises (MSMEs), and plantations had not been able to solve the problems that exist in the implementation of facilitation of community plantation development by plantation companies. The company's obstacle was that the plasma farmers' plantation area around the companies' plantation area had not been able to meet the 20% area requirement. While PT. Pamor Ganda had fulfilled its obligation to facilitate community plantation development by releasing its 114 hectare of HGU area.

CSR is an element in improving people's welfare. Through the establishment of a CSR Forum which was established based on the Bengkulu Governor's Decree Number: P.127.Dinsos. In 2018 concerning the Establishment of the Bengkulu Province CSR Forum, the Regional Government seeks to increase the participation of every company in Bengkulu. However, the results have not been effective, this is because the formation of this forum was not accompanied by the authority and mechanism in the form of a Governor Regulation. Theimpact is that CSR implementation in Bengkulu Province is small and not focused. The problem in this research is how the implementation of CSR after the issuance of the Bengkulu Governor's Decree Number: P.127.Dinsos. 2018 concerning the Establishment of the Bengkulu Province CSR Forum and What Are the Obstacles in the implementation of the CSR forum. This type of research is empirical, data sources obtained from interviews, documents, as well as literature and legislation relevant to the research. The result of thisresearch is the finding of a 16% percentage of the participation rate of companies in Bengkulu, from a total of 196 companies in Bengkulu, only 33 companies registered by the CSR Forum have distributed CSR. The rest of this company never reported the distribution of CSR. This is very inconsistent with the Utilities Theory because large companies in Bengkulu Province have not contributed too much to the Environment and Society, and are still focused on Company Profits only. Furthermore, in the second discussion it was also conveyed that several obstacles were experienced by the CSR Forum, among others: The government has not yet embraced the forum in relation to companies, There is no Regulation on Implementation Mechanism in the Investment Law and the TDP Law, the Report Submission Mechanism is not Clearly, the absence of basic technical rules for implementing CSR reporting, absence of punishments and sanctions from the local government to companies for distributing CSR.

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.