ASCERTAINING LEGAL CERTAINTY FOR CORPORATE SOCIAL RESPONSIBILITY USING QIYAS: A COMPARATIVE EXPLORATION OF INVESTMENT LAW AND COMPANY LAW IN INDONESIA

Abstract

Legal certainty for CSR remains elusive in Indonesia. We explore Law No. 40 of 2007 and Law No. 25 of 2007 concerning Limited Liability Companies and Investment. Founded as a welfare state governed by rule of law to bring prosperity to its people, Indonesia's activities in ensuring the welfare of its people is measured through its legal instruments. Legislation in Indonesia is ambiguous on penal mechanisms relating to CSR non-compliance, leaving gaps that present its legal uncertainty for CSR. The Qiyas process of deductive analogy in Islamic jurisprudence, can be instrumental in ascertaining legal certainty for CSR in Indonesia.