scholarly journals Introducing CSR - The Missing Ingredient in the Land Reform Recipe?

Author(s):  
Henk J Kloppers

In reaction to the unequal land ownership brought about by decades of apartheid, the first democratically elected government embarked on an extensive land reform programme - a programme consisting of the three constitutionally protected pillars: restitution, redistribution and tenure reform. The aim of this programme is not only to provide for restitution to persons who lost their land as a result of racially based measures, but also provide previously disadvantaged South Africans with access to land in order to address the unequal land ownership. This research focuses on the restitution and redistribution pillars of the land reform programme. The progress made in terms of both these sub-programmes has been disappointing. With reference to redistribution the government has set the target to redistribute 30% of white owned commercial agricultural land to black persons by 2014. To date, less than 10% of this target has been achieved and all indications are that the overwhelming majority of land which has been redistributed is not being used productively or have fallen into a state of total neglect. The state of the redistributed land can be attributed to a variety of causes, with the main cause being the government's inability to provide proper post-settlement support to land reform beneficiaries. Against this background it is clear that alternative options have to be identified in order to improve the result of land reform. This article identifies corporate social responsibility (CSR) as one of the missing ingredients in the recipe for a successful land reform programme. The article introduces CSR and discusses the business case for CSR; identifies its benefits; considers its possible limitations; and examines the major drivers behind the notion. From the discussion of these topics it will become evident that an assumption of social responsibility by businesses in especially the agricultural sector might contribute to an improved land reform programme.

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.


2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Chandra Dewangga Marditya Putra

Untuk menjadikan masyarakat tani yang adil dan makmur maka pemerintah melalui program landreform yang meliputi perombakan mengenai kepemilikan dan penguasaan tanah serta hubungan-hubungan hukum yang bersangkutan dengan penguasaan tanah. Sesuai dengan Pasal 10 ayat (1) Undang-Undang Pokok Agraria telah mengamanahkan terkait larangan kepemilikan atas tanah pertanian secara absentee. Dengan adanya ketentuan tersebut diharapkan para pemegang hak atas tanah pertanian dapat mengusahakan atau mengerjakan sendiri tanah yang dimilikinya sehingga tanah-tanah pertanian memang menjadi produktif dan tidak terdapat tanah pertanian yang di biarkan atau absentee. Tujuan larangan absentee agar hasil yang diperoleh dari pengusahaan tanah sebagian besar dapat dinikmati oleh masyarakat desa tempat letak tanah. Fenomena larangan tanah absentee/guntai secara nyata terjadi, tetapi tidak dilakukan sanksi yang tegas.Kata kunci: absentee, kepemilikan hak atas tanah, pertanian, sanksi. To make a fair and prosperous farming community, the government through a Land Reform program which includes a reshuffle of land ownership and control as well as legal relations concerned with land tenure. In accordance with Article 10 paragraph (1) the Basic Agrarian Law mandates Absentee prohibitions on ownership of agricultural land. With the existence of these provisions it is expected that holders of agricultural land can cultivate or work on their own land so that agricultural lands are indeed productive and there is no agricultural land that is left or Absentee. The purpose of the Absentee ban is that the results obtained from the cultivation of land can be enjoyed mostly by rural communities where the land is located. The phenomenon of the prohibition of Absentee / guntai land actually occurred, but no strict sanctions were made.Keywords: absentee,ownership of rights to land, agriculture, sanctions.


Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 319
Author(s):  
I Wayan Putra Nugraha ◽  
Anak Agung Istri Ari Atu Dewi

Reforms have been carried out by the government through many land reform programs that regulate land ownership and legal relations between owners and land objects, so that a prosperous and productive society is created to advance the national economy and food security. One of them is the prohibition of agricultural land ownership regulated in article 10 paragraph (1) of the Basic Agrarian Law. It is expected that the owners of agricultural land will work on their own land so that productivity will be maximized, the community will be taught to work and be productive regularly and routinely. But in reality in the field in Jabalsari village Sumbergempol subdistrict Tulungagung regency there are still many people who control agricultural land absentee and interpreted the rules of ownership of agricultural land absentee not yet effective, so this research aims to find out the causes of absentee ownership of agricultural land and how a large role Tulungagung Regency National Land Agency in terms of absentee ownership of agricultural land. This research is carried out using the Empirical Juridical method namely how the law is implemented in social life. The results of research conducted in Jabalsari village Sumbergempol Sub-district Tulungagung District showed that absentee land ownership in Tulungagung District occurred due to many factors namely: community awareness factors, cultural factors, legal factors, law enforcement factors in the area, facility and infrastructure factors as well as quite a lot It was found that economic factors, and the responsibility of the National Land Agency of Tulungagung Regency still reached the supervision of certified land and improved administration of agricultural land data, this was done so that in the future it would run and orderly administration of the problem of absentee ownership of agricultural land.


2016 ◽  
Vol 46 (1) ◽  
pp. 20-31
Author(s):  
Manala Shadrack Maake

This theoretical paper seeks to make an empirical contribution to the Land Reform discourses. The paper argues that the pace of land redistribution in South Africa is undeniably slow and limits livelihood choices of relatively most intended beneficiaries of land reform programme. The primacy and success of the programme within rural development ought to measured and assessed through ways in which the land reform programmes conforms to and improve the livelihoods, ambitions and goals of the intended beneficiaries without compromising agricultural production and the economy. In addition, paper highlights the slow pace of land reform programme and its implications on socio-economic transformation of South Africa. Subsequently, the paper concludes through demonstrating the need for a radical approach towards land reform without disrupting agricultural production and further to secure support and coordination of spheres of government. The democratic government in South Africa inherited a country which characterized by extreme racial imbalances epitomized through social relations of land and spatial distortions. Non-white South Africans are still feeling the effects of colonial and apartheid legal enactments which sought to segregate ownership of resources on the basis of race in particular. Thus, successive democratic governments have the specific mandate to re-design and improve land reform policies which are targeted to reverse colonially fueled spatial distortions. South Africa’s overall Land Reform programme consists of three key elements and namely are; land redistribution, tenure reform and land restitution. Concomitantly, spatial proponents and researchers have denounced and embraced land reform ideology and its status quo in South Africa. The criticisms overlapped towards both beneficiaries and state due to factors like poor post-settlement support, lack of skills, lack of capital, infighting over land claims and land management.


Author(s):  
Nor Hadi ◽  
Udin Udin

This article is intended to empirically test the effectiveness of the Corporate Social Responsibility (CSR) dimension of assistance to Small Business Entrepreneurs (SMEs) under companies’ guidance of Semen Indonesia in Central and East Java. Corporate Social Responsibility (CSR) implementation for Small Business Entrepreneurs (SMEs), besides as a social contract implementation, is also an effort to increase legitimacy. This study is essential to obtain effective and relevant CSR dimensions recommended for the SME empowering program. The study was conducted at SMEs domiciled around the mining area and the cement factory. Out of 250 SMEs, 92 SMEs were involved in this study. The research data was primary, including respondents’ opinions, where the data were taken using survey and interview procedures. Data analysis using statistics was a factorial analysis. The results showed that of the eight programs included in CSR in the field of assistance for empowering SMEs, two were effective for empowering SMEs: (1) low-cost revolving funds and (2) production equipment assistance for SMEs. Meanwhile, six other CSR programs showed ineffectiveness: (1) mentoring, (2) marketing, (3) ease of procedure and relief of loan terms, (4) education and training, (5) accessibility of obtaining loans, and (6) the involvement of parties in the implementation of CSR. It indicated that the six CSR programs were not effective in helping to build image and legitimacy. The results of the research make an important contribution to the government and corporations and show that the construction of CSR programs must give attention to the real conditions and needs of SMEs in order to achieve effectiveness in solving problems by SMEs. Especially for the government, regulations are needed that can systemically encourage companies to implement CSR. This research still has limitations, therefore further research should be developed, especially in the area of empirical testing related to the contextual dimensions of CSR that are relevant to assisted stakeholders. Development-based research should be considered.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Lili Xu ◽  
Sang-Ho Lee

Abstract This study investigates government public policies facing competing firms’ strategic corporate social responsibility (CSR) activities and finds that the choice of CSR crucially depends on corporate profit tax. We demonstrate that strategic CSR decreases while social welfare increases with corporate tax. When the government grants uniform output subsidies, we show that bilateral CSR leads to a lower CSR level than under unilateral CSR but bilateral CSR is always beneficial to society. However, when the government grants discriminatory output subsidies which yield different levels of unilateral CSR, we show that domestic CSR leads to a lower CSR level than under foreign CSR. In an endogenous CSR choice game, domestic CSR (no CSR) is a Nash equilibrium when corporate tax is low (high) under the uniform subsidy, while foreign CSR could be a Nash equilibrium when corporate tax is low under the discriminatory subsidy.


Author(s):  
Nayan Mitra

AbstractCorporate Social Responsibility (CSR) is like a chameleon, that changes its colour according to the context it is in. In the developed economy, it takes the form of sustainability and/ or philanthropy, whereas, in emerging economies, it speaks the language of religious, political and/ or mandated CSR. India, in recent times came into the limelight with its mandated CSR policy that was incorporated into its Companies Act 2013, which became operational from the financial year 2014 - 2015. Mandated CSR is thus a new area of study that is based on the philosophy that ‘CSR should contribute to the national agenda in emerging economies,’ under some statutory guidelines as laid down by the Government.But, business houses, do look for maximising its profit. Profit can be financial and/ or non-financial. If not money, then at least the effort must be compensated with reputation, image, that helps in brand building! And, to have this as an objective, their efforts should be strategic! But, does all strategies work? With these questions and conceptual thinking, this empirical research aims to identify the key aspects of Strategic Management, CSR and Firm Performance and establish relationship between them; apart from developing a valid and reliable scale to do so. This is indeed one of the first researches and documentations done among the large Indian firms in India immediately in the post mandate period and thus forms a base for understanding the CSR dynamics in the years to come.


2017 ◽  
Vol 13 (1) ◽  
pp. 167-191 ◽  
Author(s):  
Christopher Marquis ◽  
Juelin Yin ◽  
Dongning Yang

ABSTRACTDespite the prevalence of global diffusion, little is known about the processes by which international practices are adopted and adapted within organizations around the world. Through our qualitative research on the introduction of corporate social responsibility (CSR) reporting at two leading Chinese companies, we identify a unique set of political mechanisms that we labelstate-mediated globalization, whereby powerful nation-state actors influence the ways in which corporations adopt and adapt global norms and practices. We find that businesses’ needs for political legitimacy from a key stakeholder, in this case the government, leads them to deviate systematically from the global practice in bothformandcontent. These intentional practice adaptations are then legitimized by the government to createinternationalization toolsandlocalized standardsto aid adoption by other organizations. Our findings illustrate previously unidentified mechanisms by which powerful stakeholders such as the Chinese government may mediate, and thereby direct, the ways in which corporations adopt and adapt global CSR practices. Contributions to understanding the political processes of institutional translation in the context of globalization are discussed.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pawan Taneja ◽  
Ameeta Jain ◽  
Mahesh Joshi ◽  
Monika Kansal

Purpose Since 2013, the Indian Companies Act Section 135 has mandated corporate social responsibility (CSR) reporting by Indian central public sector enterprises (CPSEs). CSR reporting is regulated by multiple Government of India ministerial agencies, each requiring different formats and often different data. This study aims to understand the impact of these multiple regulatory bodies on CSR reporting by Indian CPSEs; evaluate the expectation gap between regulators and the regulated; and investigate the compliance burden on CPSEs. Design/methodology/approach An interview-based approach was adopted to evaluate the perspectives of both regulators and regulated CPSEs on the impact of the new regulations on CSR reporting quality. The authors use the lens of institutional theory to analyse the findings. Findings Driven by coercive institutional pressures, CPSEs are overburdened with myriad reporting requirements, which significantly negatively impact CPSEs’ financial and human resources and the quality of CSR activity and reports. It is difficult for CPSEs to assess the actual impact of their CSR activities due to overlapping with activities of the government/other institutions. The perceptions of regulators and the regulated are divergent: the regulators expect CPSEs to select more impactful CSR projects to comply with mandatory reporting requirements. Originality/value The findings of this study emphasise the need for meaningful dialogue between regulators and the regulated to reduce the expectation gap and establish a single regulatory authority that will ensure that the letter and spirit of the law are followed in practice and not just according to a tick-box approach.


Sign in / Sign up

Export Citation Format

Share Document