Corporate Social Responsibilities and Its Implementation in The Tourism Industry.

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Corporate Social Responsibility and Its Implementation in the Tourism Industry Anak Agung Bagus Ngurah Agung Surya Putra

Kadek Sarna (Supervisor) Renee Sarah White

Abstract

The concept of Corporate Social Responsibility (CSR) has been widely spread to developing countries. Most scholars argue that the CSR will give economic benefit to the local communities surrounding the company. Indonesia and Australia have adopted the concept of CSR into some legislation and regulation. When the law of CSR was implemented in the field of tourism, some companies thought that they do not have any legal obligation to obey it. In practice, local communities have used CSR to demand the tourism industries to provide any social, cultural and economic facilities. This research has two main purposes, first whether tourism industries have legal obligation to implement CSR to the local communities. In addition, this research will find the suitable form of CSR programmes to the local communities.

I. INTRODUCTION

1.1. Background

Corporate Social Responsibility (CSR) is the Involvement of Companies to maintain and upgrade the condition of communities and environment surrounding the companies with regard to social and environmental development as well as economic empowerment.

The Guidance Standard on Social Responsibility, ISO 260001 has defined the concept as the responsibility held by organisations in regards to the impacts of decisions and activities on society and the environment. Through transparent and ethical behaviour companies are expected to address four key issues. Companies are expected to take into account the expectations of stakeholders; implement sustainable development policies which include the health and welfare of society; to act in compliance with any legislation

International Organisation for Standardisation, ISO 26000 Guidance of Social Responsibility (2010)

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and incorporate internationally expected behaviours and to additionally integrate these policies throughout the entire company.2

According to the triple bottom lines (Profit, people and planet) the existence of a company or corporation is not only to gain profit but also benefiting the surroundings. Bearing in mind those components its connection to the sustainable development in respective industries of tourism lies in the very core of the establishment of the industries itself.

Industries of tourism in Indonesia have been established in many corners. In particular one of the well-known province in the world is Bali, where most of tourism industries are established in Adat village, the village which consists of local communities based on Adat Law and particularly on philosophy of Hindu in Bali.3

The massive development in Tourism Industries as well as all the efforts to establish the facilities have brought great things to the tourism sector in Bali. However, the economic growth seems only benefiting the side of the industries with less consideration to support the existence of local communities. A lot of Limited Companies have done their effort in maintaining the wellbeing of environment and social surrounding through CSR as it is very well regulated in Indonesia’s Law Number 40 of 2007 and further affirmed in Government Act Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Companies.

The implementation of CSR in Tourism Industries have been inconsistent in Bali, since there are no clear ruling enforcing the Industries to implement CSR to the communities that owns the village they established the facilities. Even if there are ruling implicitly suggesting Tourism Industries to implement CSR for the wellbeing of local communities, there are no clear concept on how they should execute CSR.

This article will also scrutinise the implementation of CSR in Australia as a mean of comparison to the implementation in Indonesia in this case Bali. Where in Australia the issue of CRS become an increasingly relevant topic since its introduction in the early 20th century. The use of CSR

Dr. Leeora D. Black, What We Do (29 April 2015) Australian Centre for Corporate Social Responsibility <www.accsr.com.au>.

I Made Suasthawa Dharmayuda, Desa Adat Kesatuan Masyarakat Hukum Adat di Propinsi Bali (Upada Sastra Denpasar, 2001) 3.

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in the tourism industry has become an issue requiring great seriousness and attention. The Australian Centre for Corporate Social Responsibility (ACCSR) was formed over a decade ago to work with organisations to manage impacts and assist in performance reports.4 The ACCSR is not limited to the tourism industry, providing assistance to a wide variety of organisations. To define the concept of CSR has externally sourced this information through the International Organisation for Standardization (ISO). The ACCSR have chosen to use this international definition in an attempt to bring clarity to a concept that endures much debate in terms of the definition. These differences can be attributed to several issues; being a reflection of national and cultural differences in the approach to business practices and differences in disciplinary actions and perspectives on the implementation of CSR methods. Additional to this is the differences in motivation of organisations to become involved in CSR. Many companies have implemented CSR in the opinion that it is a morally correct practice, in contrast to this it is also common for organisations to use CSR as a makes good business sense.5

Therefore, writers come to the conclusion of a research titled Corporate Social Responsibility for Tourism Industries: Comparative Legal Study in Indonesia – Australia.

1.2.Legal Issue:

Basing on the background described supra, writers come up with 2 legal issues, inter alia:

1.2.1. Whether there are regulations enforcing Tourism Industries to implement CSR to Local Communities

1.2.2. What suitable form of CSR is required to be implemented by the Tourism Industries to strengthen the local communities? 1.3.Purposes

This research aims to dig deeper into Law in Indonesia concerning CSR and the needs of it to be implemented by tourism industries as well as to

Dr. Leeora D. Black, Who We Are (29 April 2015) Australian Centre for Corporate Social Responsibility <www.accsr.com.au>. 6.

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provide a clear concept on how CSR should be executed by the tourism industries. The ruling is needed for giving assurance that all tourism industries will take responsibility to their surroundings and not just treat them as money machines, as well as to give strength, particularly, to local communities to face the global economic order.

1.4.Methodology

1.4.1. Type of Legal Research

The research used to support the position of this paper will be combination of primary and secondary research. It is proposed that a survey is undertaken on a variety of hotels in Bali; these interviews will be addressed to owners or managers. If interviewing management is not possible will endeavour to interview staff members; this will provide an alternative insight into the concept of CSR. This research will be supported by academic journal articles most relevant to the topic. Local Legislation will be used where applicable to support the topic of CSR and its use in the Tourism Industry.

To accompany this data will be an Interview with Dr Ni Ketut Supasti Dharmawan, SH., MHum., LLM., the head of Master Degree Programme of the Faculty of Law Udayana University. As the head of this programme the interview with Dr. Supasti is expected to provide great insight into the academic background of CSR in Bali. The following questioners will be used while conducting interviews:

Hotel Interviews

Good Morning/Afternoon, we would firstly like to thank-you for thank-your time. Any information collected today will be used to write a research report and will remain anonymous. The purpose of this interview is to provide an understanding of how local tourism businesses use and understand the concept of Corporate Social Responsibility. We would appreciate if you could answer the following questions to the best of your knowledge.

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1. Do you know what the concept of CSR is in relation to tourism?

2. Do you know the legal requirements for CSR?

3. Are you aware of the impact this business has on the local community?

4. In your opinion, is the impact of this business on local communities of a negative or positive nature?

5. Does this business have any programs in place that are consistent with the CSR concept?

6. If so, how is the implementation monitored?

7. Do you believe there are any areas that require improvement in your current program?

8. Are you personally happy with the contribution this business makes towards CSR and the local community? We would like to thank-you for your time and assistance in participating in this survey. We wish you a good day.

Dr. Ni Ketut Supasti Dharmawan, SH., MHum., LLM.

Good Morning/Afternoon Dr. Supasti, firstly we would like to thank-you for your time. We have compiled a few questions relevant to the topic of Corporate Social Responsibility and the Tourism Industry in Bali.

1. How long have you been working at the Udayana University?

2. What area of law do you specialise in?

3. How long have you (and the university) been involved in the topic of CSR?

4. In your personal opinion, over the duration of your work with CSR have you seen an improvement in the implementation of CSR policies in the tourism industry?

5. Currently it appears that businesses are using CSR [policies as a means of economic benefit, without

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consideration to social and environmental impacts. What is your opinion of this current use of CSR?

6. Do you believe law reform would improve CRS? Is this likely to provide consistency in policy implementation? We would like to take the opportunity to thank-you for your assistance and time today. Your answers provided will assist in providing an adequate background in the use of CSR in the tourism industry.

The results and information received from these interviews of the tourism industry will be statistically compiled to best interpret and analyse the data. A separate analysis will be made of Balinese and Australian businesses. The two separate analyses will then be compared to find similarities between Bali and Australia. 1.4.2. Analysis of Findings

This paper will deal with two issues in relation to CSR; whether clear rulings are present in legislation and what form of CSR is required to be implemented by the tourism industry to benefit local communities. Each of these issues will be addressed with primary and secondary research and critically analysed. Both issues with will addressed in regard to current research available for Bali and Australia. These regions will be individually analysed and will also be compared address any similarities implemented by both regions.

II. WHETHER THERE ARE REGULATIONS ENFORCING TOURISM

INDUSTRIES TO IMPLEMENT CSR TO LOCAL COMMUNITIES 2.1.Regulation of CSR in Indonesia

Corporate Social Responsibility in Indonesia is regulated under the Law Number 40 of 2007 concerning Limited Company, particularly in Article 74 paragraph (1)6 which in essence regulates that Limited companies which run their business in the field of or related to the natural resources are obliged to implement social and environmental responsibility. This Law defines social and

Article 74 (1), “Perseroan yang menjalankan kegiatan usahanya di bidang dan/atau berkaitan dengan sumber daya alam wajib melaksanakan Tanggung Jawab Sosial dan Lingkungan.”

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environmental responsibility as a commitment of companies to be actively involved in sustainable economic development in order to develop the quality of life and environment in which has benefit the companies, local communities as well as community in general.7 It is further affirmed in the Government Act Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Company that the above mentioned responsibility is carried by the Director in accordance with the annual work plan of the Company after consented by the Board of Commissioners or the General Meeting of the Shareholders in accordance with the Charter of the Company.8

Law Number 25 of 2007 concerning Capital Investment stipulates that every investor is obliged to implement CSR.9 What is meant by CSR is the responsibility inherent in each investment firm to keep creating relationships harmonious, balanced, and in accordance with the environment, values, norms, and local culture.10 While the definition of investor is an individual or business entity that makes an investment that can be either domestic investors or foreign investors.11 In addition, Article 16 stipulates that every investor is responsible to preserve the environment.

Government of Badung stipulates, in Local Government Act of Badung Number 6 of 2013 concerning Corporate Social Responsibility, that Companies are obliged to establish commitment that CSR is an inseparable part of their management policy and development programme in the rule of their company.12

In light of explanation supra, it is clearly regulated that all Limited Companies as well as individual are obliged or have legal obligation to implement the CSR and those who don’t fulfil it is sanctioned.13 The Law of Limited Company explicitly states that Limited company which doesn’t implement CSR is sanctioned. However it doesn’t give explanation on what kind of sanction shall be

Law of Republic of Indonesia Number 40 of 2007 concerning Limited Company. Article 1 paragraph 3. 8

Government Act of Republic of Indonesia Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Company, Article 4 paragraph 1.

Law of Republic of Indoneisa Number 25 of 2007 concerning Capital Investment, Article 15 paragraph b. 10

Law of Republic of Indoneisa Number 25 of 2007, above n 9 11

Law of Republic of Indoneisa Number 25 of 2007 concerning Capital Investment, Article 1 paragraph 4 12

Local Government Act of Badung Number 6 of 2013 concerning Corporate Social Responsibility, Article 9 paragraph C.

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given to the company, instead the Law have other Regulations to specify the kind of sanction.14

If we take a closer look at the clause “in the field of natural resources”15 we would immediately think of Industries of gas, oil, mining or any other companies that directly use the natural resources. Tourism Industries would be discounted from that clause. The clause “related to natural resources”, in the other hand, gives the obligation of CSR to the company that do not use natural resources but the establishment affect the natural resources,16 which means tourism industries are included.

2.1.1. CSR in Tourism

According to Article 1 paragraph 9 of Law Number 10 of 2009 concerning Tourism, the industries of tourism are integrated associations of tourism business in order to provide goods and/or services to satisfy the needs of tourism in conducting the tourism. The Article 7 then stipulates that the development of Tourism includes:

a. Tourism industries b. Tourism destination c. Marketing

d. Tourism institution

The Law then explain that the development of tourism industries is the development of structure (function, hierarchy and relation) of the industries, competitiveness, partnership of tourism business, credibility of business, as well as the responsibility with regard to environment and social culture.17

2.1.2. Current Practices

In an interview with Dr. Ni Ketut Supasti Dharmawan, SH., MHum., LLM., she expressed her joy of seeing how well tourism

Explanation to the Law No. 40 of 2007 Article 74 paragraph (3) 15

As written in Law No. 40 of 2007. 16

Anak Agung Sri Indrawati, Ni Ketut Supasti Dharmawan, Ida Ayu Sukihana, Implelmentasi Konsep CSR (Corporate Social Responsibility) Pada Perusahaan Industri Pariwisata di Bali. Jurnal Ilmiah Fakultas Hukum, Udayana University. 2012. Pg. 131.

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industries have committed to implement the CSR programme.18 Her words are affirmed by the practice of Bali Safari and Marine Park which has implemented the programme of CSR by playing role for public health. The tourism industries that are located in Gianyar provide medical check for eye as well as surgery for cataract in December 2013.19 Moving to the southern part of Bali, Melia Hotel, one of the Hotels in Nusa Dua, implemented its CSR programme by celebrating Universal Children Day in December 2014.20

2.2.Regulation of CSR in Australia

The Corporations Act 2001 (Cth) in Section 181(1) subsection A states a director (or other officer) of a corporation must “exercise their powers and discharge their duties”21 while acting in good faith and in the best interest of the corporation. Subsection (b) states the director must act in relation to a proper purpose. This provides several issues; the interpretation of ’good faith’ and ‘proper purposes’ and the lack of inclusion for the best interests of the community. The Act does not define these specific terms22; additionally the Acts Interpretation Act 1901 (Cth) also does not provide for these terms.23 It is then adequate to use the natural meaning of the word (or phrase); the term good faith is defined as the “honesty of purpose or sincerity of declaration”.24 In interpreting this it is it is important to consider the purpose of the Corporations Act 2001 (Cth); this being that the Act is not limiting the operation of State or Territory law and is intended to impose additional obligations, liabilities and powers on organisations.25 Therefore it is adequate to assume the Act is suggesting in section 181 that an organisation is required to perform its business obligations in an honest and sincerer manner. The Act fails to specifically mention the need to act in the best

Interview with Dr. Ni Ketut Supasti Dharmawan, SH., MHum., LLM (Faculty of Law, Udayana University, Denpasar, 7 December 2015).

Bali Safari and Marine Park, Safari Peduli Pemeriksaan Mata dan Operasi Katarak untuk Lansia bersama John Fawcett Foundation

<http://www.balisafarimarinepark.com/news/1395/safari_peduli_pemeriksaan_mata_dan_operasi_katarak_untu k_lansia_bersama_john_fawcett_foundation_.html>

CSR Bali, Universal Children Day Celebration At Melia Bali Indonesia. < http://www.csrbali.com/universal-children-day-celebration-at-melia-bali-indonesia.htm>

Coprortions Act 2001 S181. 22

Corporations Act 2001 (Cth) s9. 23

Acts Interpretation Act 1901 (Cth) Part 2. 24

Macquarie Online Dictionary (2015) <www.macquariedictionary.com.au>. 25

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interests of the local communities (or environment). Subsection (b) referring to the director of an organisation acting within ‘proper purposes’ is also a section that can be misinterpreted. This is quite an open phrase, giving organisations a wide scope while acting within the law.

2.2.1. CSR in Tourism

Since the 1990’s Australia has implemented a certification program to achieve improvement of standards in the tourism industry. This is offered through the Nature and Ecotourism Accreditation Program (NEAP) which provides voluntary accreditation for organisations. This program is offered by a Non-Government Organisation (NGO) in conjunction with the Australian Tourism Operations Network.26 The focus is on social, community and environmental benefits while also incorporating human rights and labour benefits. The program is currently funded by involved companies with incentives for businesses involving cost saving and the marketing sectors.27 Random audit checks are carried out by an accredited agency; well defined criteria is set out along with the use of third party auditors to provide reliable accreditation.28 The purpose behind providing certification for companies is to assure customers and the Tourism Industry that the company has achieved a minimum set of standards; additionally this also provides benefits to the local community and environment.29 As the use of certification grows competing organisations will find themselves in a position requiring them to also meet these base guidelines to become effectively competitive.

2.2.2. Current Practices

In a report issued by the Business Events Australia, Tourism Australia in November 2010 it was reported that since the previous Audit in 2008 participation was rising. In 2010 it was reported that 36% of organisations (of 347 surveyed) hold at least 1 accreditation for social or

Rachel Dodds & Marion Joppe, CSR in the Tourism Industry? The Status of and Potential for Certification, Codes of Conduct and Guidelines (2005) 50.

Dodds & Joppe, Above n 23, 16. 28

Rachel Dodds & Marion Joppe, CSR in the Tourism Industry? The Status of and Potential for Certification, Codes of Conduct and Guidelines (2005) 17.

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environmental responses to CSR. This figure in 2008 was reported as 31%, showing an increase of 5%.30 Australian convention and exhibition Centres audited reported a 75% accreditation rate; the travel industry reported a 56% accreditation rate with the accommodation organisations reporting at 47%. Both the types of organisations have seen an improvement with the 2008 report finding 46% of transport organisations hold an accreditation and 39% of accommodation organisations.31

Australia has made great progress over the last few decades with the growth of organisations voluntarily becoming certified under the NEAP. The formation of the ACCSR has brought CSR to the forefront in many business sectors. The Tourism Industry is one of many that have now started considering the impacts day to day operations have on local communities in regards to social, economic and environmental factors. Regardless of these improvement without clarification within legislation the issue of CSR will possibly reach a standstill in development. Amending relevant legislation will provide all businesses in the Tourism Industry with a minimum baseline to work from and will ensure the protection of social, economic and environmental factors in the local communities. The continued use of voluntary certification under NEAP and assistance provided by ACCSR will to assist regulate CSR while the introduction of CSR into legislation with protect he human rights of the local communities. Additional to the inclusion of CSR into legislation is the need to allocate the power the monitor the implementation of CSR; the decision to form a new agency dedicated to ensuring organisations fulfil their legislative requirements is the most likely option.

2.3.Right of Local Communities to Enjoy CSR 2.3.1. In Indonesia

Local Community is acknowledged in Indonesia along with their traditional customary rights as long as it is in accordance with the societal development and the principles of Republic of Indonesia.32 It is further

Business Events Australia & Tourism Australia, Destination CSR: How Australia’s Travelling in 2010, A corporate Social Responsibility Audit of Australia’s Business Events Industry (2010) 6.

Business Events Australia & Tourism Australia, Above n 32, 8. 32

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affirmed in Article 28i paragraph (3) which stipulates, “The cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations”.

In the Laws of CSR, though not generally ruled, local communities’ rights is ensured in the Article 11 paragraph (3) letter p of the Law Number 22 of 2001 concerning Oil and Natural Gas which in essence stipulates that companies in their joint contracts need to include the assurance of the development of communities especially local communities.

In addition to that ruling, Local Government of Badung, Bali, through their Act Number 6 of 2011 concerning CSR, particularly Article 11, stipulates that one of the forms of CSR is Communities Empowerment. Even though this regulation does not specifically states local communities it is reasonable to include or the right of local communities is implied within the abovementioned ruling.

2.3.2. In Australia

The Australian Human Rights Commission is invested in the use of CSR by corporations to ensure individuals’ basic human rights are not violated. Local communities should be extended the right to enjoy life without being influenced by large organisations. Companies often fail to connect the importance of private decisions on public welfare.33 The ‘triple bottom line’ approach incorporates economic, social and environmental implications into the one concept. It is important for company directors to understand that the importance of societies values and interests must be given importance over those of their own.34 Each of these approaches are relevant in the use of CSR and Human Rights; this is evident in Labour Rights and the expectation of organisations to pay fair wages to employees; Human Rights and the right to non-discrimination and the Human Right to have access to clean drinking water.35 These examples

Howard R. Bowen, Jean-Pascal Gond, Peter Geoffrey Bowen, Social Responsibilities of the Businessman

(University of Iowa Press, 2013) 4. 34

Howard R. Bowen, Jean-Pascal Gond, Peter Geoffrey Bowen, Social Responsibilities of the Businessman

(University of Iowa Press, 2013) 4. 35

Human Rights Commission, Corporate Social Responsibility and Human Rights (2008) <www.humanrights.gov.au> 3.

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illustrate how fundamental human rights as expressed in the Commonwealth of Australian Constitution Act 1901 (Cth) and Australian Human Rights Commission Act 1986 are incorporated into the implementation of CSR. Organisations neglecting to operate business practices with regards to CSR policies are likely to impede on the basic Human Rights of Australian citizens. Quality of life and satisfaction of life is likely to decline as a result of companies failing to implement CSR policies.

III. WHAT IS THE SUITABLE FORM OF CSR IMPLEMENTATION BY TOURISM INDUSTRIES TO LOCAL COMMUNITIES?

3.1.The Concept of CSR

Corporate Social Responsibility is broken down into three issues, this is most commonly known as the ‘triple bottom line’; being the environmental, social and economic influences on local communities. The work of Idowa, Kasom and Yuksel Mermod discussed an alternative view of CSR; People, Profit and Planet (PPP) which holds mostly the same ideas as the ‘triple bottom line’ approach. PPP academics suggest that the focus of CSR is on the plan of approach, where in fact there needs to be more attention given to the end product.36 The PPP approach attempts to explain the developmental aspect of CSR from a conceptual perspective with regard to how the delivery of CSR impacts stakeholders (such as employees, customers and government and non-government organisations).37 CSR and PPP has so far allowed for the protection of human rights, response to climate change and addressed the consequences of globalisation.38 The term Sustainable Development is also often used in Australian jurisdictions with reference to the Tourism Industry. The definition provided by the World Commission on Environment and Development explains this term as “forms of progress that meet the needs of the present generation without compromising the ability of future generations to meet their needs”.39

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 2.

Idowa, Kasum & Yuksel Mermod, above 36 6. 38

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 1.

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This definition has similarity with the values of CSR, with the focus of sustainable development being on not only environmental impacts of tourism but also social and economic. The notion of CSR requires the commitment of companies to conduct their business in an ethical manner while also contributing to economic growth and improving the quality of life for local communities.40 As research into the topic becomes more readily available the importance of CSR increases; this is due to the link between economic growth and social and economic wellbeing is further understood.41 Even with the involvement in CSR practices being voluntary and the concept currently not being regulated; companies are under increasing pressure from Government and Non-Government Organisations (NGO) to provide a positive influence to society.42

The implementation of PPP and CSR was a topic at the 2010 United Nations Millennium Development Goals (MDG’s); 198 words leaders attended the conference in New York to resolve 8 socio-economic issues.43 These issues involved targets such as poverty, education, gender equality, environmental sustainability and the development of sustainable global progress of CSR programs in achieving the required 21 targets.44 The United Nations aimed to have made a reduction to poverty rates, improve community health standards (including child mortality, and HIV/AIDS) and promote peace, human rights and gender equality.45

The concept of CSR, ‘triple bottom line’, PPP and sustainable development are all of parallel ideals and goals. The underlying commitment to environmental, social and economic development while attempting to build meaningful relationships within the corporate sector and local communities is a goal that has received growing momentum.

3.2.The Needs of CSR

The use of CSR programs is designed the primarily benefit the economic, social and environmental factors of local communities; there also needs to be a

Tourism Australia, above n 39 1. 41

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au 5. 42

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au 5. 43

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 2.

Idowa, Kasum & Yuksel Mermod, above n 43 2. 45

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 3.

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benefit to the company to encourage participation. Many tourists are in current times much more aware of the ‘footprint’ left by companies; choosing a hotel to stay with or airline carrier is often influenced on the sustainability of the business. The implementation of CSR has been found to reduce operating costs, this is achieved through the minimisation of waste, water and energy consumption.46 The use of CSR and especially certification in Australian companies will provide a competitive advantage over other businesses as tourists make the conscious decision to support companies choosing to minimise their effect on the PPP. Companies with CSR policies are also more likely to attract and retain highly skilled and valuable staff members, this can be attributed to the use of CSR programs that protect the rights of employees to receive fair wages, equal opportunities and gender equality.47 Investors in the tourism industry may also be likely to invest in a company where they can show they have sustainable plans for the environment, society and economy. CSR plans have the ability to improve current financial spending along with the future profitability of the company. Upfront expenses, into such areas as transport costs in current time will create future saving as the price of petroleum continues to rise.48 Companies using CSR programs are likely to experience a variety of business improvements, these can be experienced as current benefits to the company and also as long term improvements.

As with any business concept these is also debate over the validity of CSR. There is current debate over where the responsibility of a company lies. One side of this argument sees the responsibility to only extend to those immediately effected by the company such as the owners, directors and shareholders. Alternatively, (and in line with CSR values) others have argued that the responsibility of a company should not be limited. Not only in regards to current environmental, social and economic concerns but also with regard for all past, present and future impacts the company may have on these ‘bottom line’ issues.49 The issue has also been raised that the use of CSR principles undermines the fundamental principles of business practices. Economists believe the true

Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com> 2. 47

Human Rights Commission, Corporate Social Responsibility and Human Rights (2008) <www.humanrights.gov.au> 3.

Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com> 4. 49

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purpose of business is to provide a profitable company, benefiting the owners and shareholders. It is argued that the use of CSR is a conflict to the fundamental purpose of business practices.50

Despite this controversy, it is important to consider that as knowledge grows into sustainable development of the environment, society and the economy companies are likely to see a merge in values. Public opinion is a very important tool while trying to run an effective business, if companies hold to these out dated opinions of fundamental business practices they will likely loose their competitiveness in the Tourism Industry.

3.3.The Implementation of CSR

Tourism industries, as in last chapter, have done several notable CSR programmes. However when it is come to the implementation to the local communities it needs more than just a financial support, as most of companies in Indonesia think these days. This doesn’t say that financial support is not needed.

In an interview with the accounting manager and human resource manager of Puri Dalem Hotel, CSR is not implemented just to gain existence as most tourism industries would normally do. They don’t even know what CSR is but they have done notable social programmes. One of the programmes they most proud of is managing the human resources of local communities in East Sanur.51 There are no clear definition of managing the human resources, however as practices shown what it does to the human resources is to having them go through process which consists of planning, organising, leading and controlling.52

IV. CONCLUSION AND RECOMMENDATION

4.1.Conclusion

Corporate Social Responsibility in both Indonesia and Australia is very well regulated under the law. The main differences is that the Indonesia as the developing country still needs to apply the concept of CSR mandatorily through obligation owed in written Laws and regulations. In the other hand, Australian relies solely on the commitment of the companies to contribute in the development of their surroundings. With regard to the implementation by tourism

Small Business NSW Commissioner, above n 49 4. 51

Interview with Wayan Artayasa (Puri Dalem Hotel, Sanur, 8 December 2015). 52

I Gusti Ngurah Gorda, Manajemen Summber Daya Manusia (Astabrata Bali in cooperation with STIE Satya Dharma, 2004) 12

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industries both countries seem to do well in implementing this concept. With a gradually increasing number of tourism industries take part in realising the sustainable development, the wellbeing of local communities surrounding the field of the company will surely be improved.

Its implementation to local communities should never be away from the basic concept of sustainable development as mentioned supra. People, profit and planet should be kept in balance, otherwise it could have bad impact not only to the business but also to the local communities, the communities surrounding them as well as the environment. Gaining just an image is not encouraged in sustainable development as companies are needed to show their commitment to apply the CSR programme not just financially but also in developing the human resources.

4.2.Recommendation

• Local communities should be thankful and cooperative as of today, there are a lot of tourism industries that has shown their commitment in doing the CSR programme.

• Tourism industries that are still doing the CSR without considering its basic concept and only for publication should change their way of thinking that CSR won’t bring loss to their profit instead it will bring greater benefit

• Even though many tourism industries have committed to do the CSR programme, not all of them know what CSR actually is. This is where government needs to step in and socialise this programme broadly and make sure that every tourism industries know this programme really well.

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Bibliography Articles, Books, Reports

Anak Agung Sri Indrawati, Ni Ketut Supasti Dharmawan, Ida Ayu Sukihana, Implelmentasi Konsep CSR (Corporate Social Responsibility) Pada Perusahaan Industri Pariwisata di Bali. Jurnal Ilmiah Fakultas Hukum (Udayana University, 2012)

Bowen, Howard R., Jean-Pascal Gond, Peter Geoffrey Bowen, Social Responsibilities of the Businessman (University of Iowa Press, 2013)

Business Events Australia & Tourism Australia, Destination CSR: How Australia’s Travelling in 2010, A corporate Social Responsibility Audit of Australia’s Business Events Industry (2010)

Dodds, Rachel & Marion Joppe, CSR in the Tourism Industry? The Status of and Potential for Certification, Codes of Conduct and Guidelines (2005)

I Gusti Ngurah Gorda, Manajemen Summber Daya Manusia (Astabrata Bali in cooperation with STIE Satya Dharma, 2004)

I Made Suasthawa Dharmayuda, Desa Adat Kesatuan Masyarakat Hukum Adat di Propinsi Bali (Upada Sastra Denpasar, 2001)

Idowa, Samuel O., Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014)

Legislation Acts Interpretation Act 1901 (Cth)

Constitution of Republic of Indonesia 1945 Corporations Act 2001 (Cth)

Government Act of Republic of Indonesia Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Company

Law of Republic of Indonesia Number 40 of 2007 concerning Limited Company Law of Republic of Indoneisa Number 25 of 2007 concerning Capital Investment

(19)

Law of Republic of Indoneisa Number 25 of 2007 concerning Capital Investment Law of Republic of Indonesia Number 40 of 2007 concerning Limited Company Local Government Act of Badung Number 6 of 2013 concerning Corporate Social Responsibility

Other

Bali Safari and Marine Park, Safari Peduli Pemeriksaan Mata dan Operasi Katarak untuk Lansia bersama John Fawcett Foundation

<http://www.balisafarimarinepark.com/news/1395/safari_peduli_pemeriksaan_mata_dan_ope rasi_katarak_untuk_lansia_bersama_john_fawcett_foundation_.html>

CSR Bali, Universal Children Day Celebration At Melia Bali Indonesia

<http://www.csrbali.com/universal-children-day-celebration-at-melia-bali-indonesia.htm> Dr. Leeora D. Black, What We Do (29 April 2015) Australian Centre for Corporate Social Responsibility <www.accsr.com.au>

Human Rights Commission, Corporate Social Responsibility and Human Rights (2008) <www.humanrights.gov.au>

International Organisation for Standardisation, ISO 26000 Guidance of Social Responsibility (2010) http://www.iso.org/iso/home/standards/iso26000.htm

Interview with Dr. Ni Ketut Supasti Dharmawan, SH., MHum., LLM (Faculty of Law, Udayana University, Denpasar, 7 December 2015)

Interview with Wayan Artayasa (Puri Dalem Hotel, Sanur, 8 December 2015 Macquarie Dictionary Online (2015) <https://www.macquariedictionary.com.au/>

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com>

(1)

3.2.The Needs of CSR

The use of CSR programs is designed the primarily benefit the economic, social and environmental factors of local communities; there also needs to be a

Tourism Australia, above n 39 1. 41

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au 5. 42

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au 5. 43

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 2.

Idowa, Kasum & Yuksel Mermod, above n 43 2. 45

Samuel O. Idowa, Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit: Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014) 3.

(2)

Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com> 2. 47

Human Rights Commission, Corporate Social Responsibility and Human Rights (2008) <www.humanrights.gov.au> 3.

Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com> 4. 49

(3)

purpose of business is to provide a profitable company, benefiting the owners and shareholders. It is argued that the use of CSR is a conflict to the fundamental purpose of business practices.50

3.3.The Implementation of CSR

IV. CONCLUSION AND RECOMMENDATION

4.1.Conclusion

Small Business NSW Commissioner, above n 49 4. 51

Interview with Wayan Artayasa (Puri Dalem Hotel, Sanur, 8 December 2015). 52

I Gusti Ngurah Gorda, Manajemen Summber Daya Manusia (Astabrata Bali in cooperation with STIE Satya Dharma, 2004) 12

(4)

Its implementation to local communities should never be away from the basic concept of sustainable development as mentioned supra. People, profit and planet should be kept in balance, otherwise it could have bad impact not only to the business but also to the local communities, the communities surrounding them as well as the environment. Gaining just an image is not encouraged in sustainable development as companies are needed to show their commitment to apply the CSR programme not just financially but also in developing the human resources.

4.2.Recommendation

• Local communities should be thankful and cooperative as of today, there are a lot of tourism industries that has shown their commitment in doing the CSR programme.

(5)

Bibliography

Articles, Books, Reports

Anak Agung Sri Indrawati, Ni Ketut Supasti Dharmawan, Ida Ayu Sukihana, Implelmentasi Konsep CSR (Corporate Social Responsibility) Pada Perusahaan Industri Pariwisata di Bali.

Jurnal Ilmiah Fakultas Hukum (Udayana University, 2012)

Bowen, Howard R., Jean-Pascal Gond, Peter Geoffrey Bowen, Social Responsibilities of the Businessman (University of Iowa Press, 2013)

Business Events Australia & Tourism Australia, Destination CSR: How Australia’s Travelling in 2010, A corporate Social Responsibility Audit of Australia’s Business Events Industry (2010)

Dodds, Rachel & Marion Joppe, CSR in the Tourism Industry? The Status of and Potential for Certification, Codes of Conduct and Guidelines (2005)

I Gusti Ngurah Gorda, Manajemen Summber Daya Manusia (Astabrata Bali in cooperation with STIE Satya Dharma, 2004)

I Made Suasthawa Dharmayuda, Desa Adat Kesatuan Masyarakat Hukum Adat di Propinsi Bali (Upada Sastra Denpasar, 2001)

Idowa, Samuel O., Abubaker S. Kasum & Asli Yuksel Mermod, People, Planet and Profit:

Socio-Economic Perspectives of CSR (Ashgate Publishing Ltd, 2014)

Legislation Acts Interpretation Act 1901 (Cth)

Constitution of Republic of Indonesia 1945 Corporations Act 2001 (Cth)

Government Act of Republic of Indonesia Number 47 of 2012 concerning Social and

Environmental Responsibility of Limited Company

Law of Republic of Indonesia Number 40 of 2007 concerning Limited Company

(6)

Law of Republic of Indoneisa Number 25 of 2007 concerning Capital Investment

Law of Republic of Indonesia Number 40 of 2007 concerning Limited Company

Local Government Act of Badung Number 6 of 2013 concerning Corporate Social

Responsibility

Other

Bali Safari and Marine Park, Safari Peduli Pemeriksaan Mata dan Operasi Katarak untuk Lansia bersama John Fawcett Foundation

<http://www.balisafarimarinepark.com/news/1395/safari_peduli_pemeriksaan_mata_dan_ope rasi_katarak_untuk_lansia_bersama_john_fawcett_foundation_.html>

CSR Bali, Universal Children Day Celebration At Melia Bali Indonesia

<http://www.csrbali.com/universal-children-day-celebration-at-melia-bali-indonesia.htm> Dr. Leeora D. Black, What We Do (29 April 2015) Australian Centre for Corporate Social Responsibility <www.accsr.com.au>

Human Rights Commission, Corporate Social Responsibility and Human Rights (2008) <www.humanrights.gov.au>

International Organisation for Standardisation, ISO 26000 Guidance of Social Responsibility

(2010) http://www.iso.org/iso/home/standards/iso26000.htm

Interview with Dr. Ni Ketut Supasti Dharmawan, SH., MHum., LLM (Faculty of Law, Udayana University, Denpasar, 7 December 2015)

Interview with Wayan Artayasa (Puri Dalem Hotel, Sanur, 8 December 2015 Macquarie Dictionary Online (2015) <https://www.macquariedictionary.com.au/>

Small Business NSW Commissioner, What is CSR? (2014) www.toolkit.smallbiz.nsw.gov.au Tourism Australia, Benefits of Sustainability? (2013) <www.tourism-australia.com>

Corporate Social Responsibilities and Its Implementation in The Tourism Industry.

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