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31 J.L. Pol'y & Globalization 18 (2014)
A New Model of Access Control Based Corporate Social Responsibility as an Instrument to Solve a Plantation Dispute (A Study in Central and East Java, Indonesia)

handle is hein.journals/jawpglob31 and id is 20 raw text is: 


Journal of Law, Policy and Globalization                                                     www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                        U
Vol.31, 2014                                                                                         TE


        A New Model of Access Control Based Corporate Social

    Responsibility as an Instrument to Solve a Plantation Dispute

                (A Study in Central and East Java, Indonesia)

                                                    2              3                  4*
                        Istislam', Imam Koeswahyono , Abdul Madjid3, Shinta Hadiyantina
   1. Doctorate in Administrative Law, Lecturer in Faculty of Law, Universitas Brawijaya, Malang, Indonesia
   2. Doctorate Candidate in Civil Law, Lecturer in Faculty of Law, Universitas Brawijaya, Malang, Indonesia
 3. Doctorate Candidate in Criminal Law, Lecturer in Faculty of Law, Universitas Brawijaya, Malang, Indonesia
   4. Doctorate in Administrative Law, Lecturer in Faculty of Law, Universitas Brawijaya, Malang, Indonesia
               * E-mail of the corresponding author: shinta fh@ub.ac.id / shien 909@vahoo.com

The research isfinanced by Universitas Brawijaya**
Abstract
    In this chapter, a new Corporate Social Responsibility (CSR) model is introduced in land dispute resolution.
Included in this model are dispute over plantation ownership between local companies and people. The model
provides a reward grant and basic-need facilities involving health and education, proven to solve the plantation
land disputes in Batang Central Java and Blitar East Java province, which are referred to as Access Control-
Based CSR. This model provides a reward grant to landless farmers in empowering their welfare instead of
reclaiming of plantation land both in Batang Central Java and Blitar, East Java.
    This chapter, which is based on an empirical or field research on state and private plantation companies,
proposes an Access Control-Based CSR Model under a monitoring system to minimize the CSR
abuse/manipulation in solving plantation land disputes. The strategy for plantation land dispute resolution by
applying the Access Control-Based CSR Model cannot be generalized to be applicable in each different case;
considering that the management system and risk of each plantation is different from one to another based on its
situation and field, social-economy condition.
Keywords: Plantation land, Corporate Social Responsibility, Access Control

A. Background of the Study
    Land dispute is classified as an ancient case that has existed since the beginning of human. Particularly in
Indonesia, this dispute was even inherited before Indonesian independence.
Primarily a land dispute that involved the state and the people, until today instead of settling land cases, what
happened was not implementing fully and completely, unfair and not promoting the welfare of common people.
Even the efforts that have been done tend to be partial and repressive: for example in the form of criminalization
of communities in conflict with the state. In the last decade, the number of disputes and the escalation of the
conflict has increased, causing casualties not only in terms of the economic value of the financial, socio-political
turmoil of national, and even fatalities as reported by the mass media, for example in the case of Mesuji and
PTPN Cintamanis in the province of Lampung, and in Makassar, there are various disputes over land resources
in some areas in Indonesia.
    This study will intervene in a dispute over plantation land to the efforts made by the stakeholders including
government, state-owned enterprises, and companies with Corporate Social Responsibility (CSR). In general,
this research is directed to design a model of transparent and accountable CSR on target, so that it can be used as
an alternative to resolve the disputes in plantations.
    On the basis of the above explanation, the first research question is why is Corporate Social Responsibility
selected to solve the problems of land dispute? The reasons are the following:
    1. Referring to Mochammad Tauchid view who wrote a book Masalah Pertanahan in     1962 as a
        bureaucrat who is really care about the fate of the farmers, the land was a pole and a source of
        livelihood, so the results of the soil in the form of food , he who controls the land , the control of food
                                                       2
        is certainly in the context of an agricultural country .
    2. Elisabeth Tineke study Lambooy CSR researcher from the University of Utrecht provide confirmation
        of the importance of CSR in Indonesian context primarily from the perspective of law ( legal
        perspective) states :



** The authors wish to acknowledge the funding of this research from the Research Institute of Universitas
Brawijaya primarily to Prof.Dr.Jr.Woro Busono. In addition, we also thank Prof.Dr.Jr.Nuhfil Hanani , MS , Prof.
Dr. Agus and Prof.Dr Suhariningsih for their constructive criticism, valuable input, that the results of this
research article is worth to be published. However, the responsibility of contents the writing is on the authors.

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