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Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks

Miftah Arifin(1email), Zainal Arifin(2), Anna Widiastuti(3), Hadi Ismanto(4), Vu Le Giang(5)


(1) Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara, Indonesia orcid
(2) Faculty of Law, Universitas Semarang, Semarang, Indonesia
(3) Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara, Indonesia
(4) Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara, Indonesia
(5) Department of Economic and Civil Affairs, Ministry of Justice, Hanoi, Viet Nam
email Corresponding Author
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Abstract


Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).

Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.

Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.

Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.

Keywords


Customary Law; Social Justice; Corporate Social Responsibility.


DOI


10.47268/sasi.v32i1.3425

Published


2026-03-24

How To Cite


APA: Arifin, M., Arifin, Z., Widiastuti, A., Ismanto, H., & Giang, V. (2026). Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks. SASI, 32(1), 40-58. DOI: https://doi.org/10.47268/sasi.v32i1.3425.
IEEE: M. Arifin, Z. Arifin, A. Widiastuti, H. Ismanto, and V. Giang, "Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks", SASI, vol. 32, no. 1, pp. 40-58, Mar. 2026. Accessed on: Mar. 25, 2026. [Online]. Available DOI: https://doi.org/10.47268/sasi.v32i1.3425
Harvard: Arifin, M., Arifin, Z., Widiastuti, A., Ismanto, H., and Giang, V., (2026). "Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks". SASI, Volume 32(1), pp. 40-58. [Online]. Available DOI: https://doi.org/10.47268/sasi.v32i1.3425 (Accessed on: 25 March 2026)
Chicago: Arifin, Miftah, Zainal Arifin, Anna Widiastuti, Hadi Ismanto, and Vu Le Giang. "Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks." SASI 32, no. 1 (March 24, 2026): 40-58. Accessed March 25, 2026. doi:10.47268/sasi.v32i1.3425
Vancouver: Arifin M, Arifin Z, Widiastuti A, Ismanto H, Giang V. Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks. SASI [Internet]. 2026 Mar 24 [cited 2026 Mar 25];32(1):40-58. Available from: https://doi.org/10.47268/sasi.v32i1.3425
MLA 8th: Arifin, Miftah, Zainal Arifin, Anna Widiastuti, Hadi Ismanto, and Vu Le Giang. "Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks." SASI, vol. 32, no. 1, 24 Mar. 2026, pp. 40-58, doi:10.47268/sasi.v32i1.3425. Accessed 25 Mar. 2026.
BibTeX: 
@article{SASI3425,
		author = {Miftah Arifin and Zainal Arifin and Anna Widiastuti and Hadi Ismanto and Vu Le Giang},
		title = {Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks},
		journal = {SASI},
		volume = {32},
		number = {1},
		year = {2026},
		keywords = {Customary Law; Social Justice; Corporate Social Responsibility.},
		abstract = {Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.},
				issn = {2614-2961},		pages = {40--58}			doi = {10.47268/sasi.v32i1.3425},
				url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3425}
		}
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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks
 
2. Creator Author's name, affiliation, country Miftah Arifin; Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara; Indonesia orcid
 
2. Creator Author's name, affiliation, country Zainal Arifin; Faculty of Law, Universitas Semarang, Semarang; Indonesia
 
2. Creator Author's name, affiliation, country Anna Widiastuti; Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara; Indonesia
 
2. Creator Author's name, affiliation, country Hadi Ismanto; Faculty of Law, Universitas Islam Nahdlatul Ulama Jepara, Jepara; Indonesia
 
2. Creator Author's name, affiliation, country Vu Le Giang; Department of Economic and Civil Affairs, Ministry of Justice, Hanoi; Viet Nam
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Customary Law; Social Justice; Corporate Social Responsibility.
 
4. Description Abstract Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2026-03-24
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3425
 
10. Identifier Digital Object Identifier 10.47268/sasi.v32i1.3425
 
11. Source Title; vol., no. (year) SASI; Volume 32 Issue 1, March 2026
 
12. Language English=en en
 
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Copyright (c) 2026 Miftah Arifin, Zainal Arifin, Anna Widiastuti, Hadi Ismanto, Vu Le Giang.

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.