Urgensi dan Arah Pengaturan Tanggung Jawab Sosial dan Lingkungan Badan Usaha di Provinsi Papua Barat Daya: Kajian Yuridis-Empiris dalam Rangka Pembentukan Peraturan Daerah

Abstract

This study examines the urgency and regulatory direction for Corporate Social and Environmental Responsibility (TJSL) in Southwest Papua Province, serving as a foundation for drafting a Regional Regulation. As a new autonomous region established under Law Number 29 of 2022, Southwest Papua possesses immense natural resource potential—spanning oil and gas, mining, forestry, fisheries, and marine tourism—yet it simultaneously faces high levels of poverty and developmental disparity. The research addresses the empirical state of corporate TJSL implementation in Southwest Papua, the adequacy and alignment of the existing regulatory framework, and the appropriate regulatory direction to be formulated in a Regional Regulation. The study employs a normative-juridical method combined with an empirical-juridical (socio-legal) approach, utilizing statutory, conceptual, analytical, and socio-legal perspectives. Data were gathered through literature reviews, document analysis, and the examination of statistical data and institutional reports, followed by descriptive-qualitative analysis. The findings indicate that corporate TJSL implementation in Southwest Papua remains fragmented and short-term/charity-oriented, lacking integration with regional development planning documents or the rights of Customary Law Communities. The existing national regulatory framework is general in nature, leaving a legal vacuum regarding operational implementation at the regional level. The study concludes that enacting a Regional Regulation on corporate TJSL in Southwest Papua is an urgent necessity; the regulation should emphasize coordination mechanisms, synchronization with the Regional Medium-Term Development Plan (RPJMD), the involvement of Customary Law Communities based on the principle of Free, Prior, and Informed Consent (FPIC), and environmental protection as an integral component of TJSL programs.