báo cáo khoa học nổi tiếng

No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

GREENHOUSE GAS EMISSIONS FROM MUNICIPAL SOLID
WASTE DISPOSAL SITES – A CASE STUDY IN HOI AN CITY
Pham Phu Song Toan, Tran Minh Thao, Tran Thi Ngoc Linh
Danang College of Technology – The University of Danang
ABSTRACT
Currently, climate change shows an increasingly high intensity and anthropogenic
greenhouse gas emissions are shown as the main drive force of rapid climate change. In 2015,
Hoi An City emitted 8,855 tons of CO2-eq from municipal solid waste disposal sites, which
treated 25,000 tons of solid waste from domestic and tourist activities. The flow of solid waste
in disposal sites was analyzed and the sources of greenhouse gas emissions were identified by
the Life Cycle Assessment (LCA) and Nordtest methods. In addition, IPCC-2006 was a main
tool for calculating, estimating and forecasting amount of greenhouse gas. The results of this
study shown that some activities in Cam Ha Composting Facility emitted 5,522 tons of CO2-eq,
in which activities of using electricity, combusting diesel fuel and composting process were
1.6%, 7.8% and 90.6% of total GHG, respectively. Additionally, 3,344 tons of CO2-eq was
emitted from decomposited of Landfill site. Furthermore, this study was analyzed specifically
the composition of GHG whereby three main components were calculated such as CH4 (67.7%
- 6,004 tons of CO2-eq), N2O (26.6% - 2,357 tons of CO2-eq) and CO2 (5.7% - 505 tons).
Keywords: municipal solid waste management, greenhouse gas emissions, composting
process, dumping landfill, Hoi An City
1. INTRODUCTION
In recent years, anthropogenically induced climate change becomes an alarming
problem of the whole world. N.T. Viet et al., shown that from 2004 to 2014 the shoreline of
Cua Dai Beach in Hoi An City (HAC) had been eroded, slid and engrained 500 m along the
coastline. This erosion pulled down many hotels, buildings and threatened the lives of
fishermen [1]. The rise of greenhouse gases (GHG) in recent decades is known as one of
the main drivers of climate change. According to the 4th report of Intergovernmental Panel

on Climate Change (IPCC), amount of GHG emitted from management of solid waste and
wastewater was 3% of total amount of GHG from human activities, particularly methane
(CH4) accounted for 90% [2].
HAC is an ancient tourist city so the two main sources of solid waste are domestic and
tourism activities. According to the report of “Building a Hoi An Ecological City Project”, 80%
of total solid waste in HAC was collected and treated. Over 50% of municipal solid waste
amount was composted, about 5% of solid waste was recycled and the remainder was treated
by dumping on landfills [6]. Composting is a friendly solution with environment. However, it
must be admitted that there are considerable amounts of GHG emitted from the composting
67


Pham Phu Song Toan...

Greenhouse gas emissions from municipal solid waste disposal sites...

process[3]. Additionally, dumping on landfills is known as a main source of GHG emission
from solid waste disposal. All of them contribute to increasing the effects of global warming[4].
2. MATERIALS AND METHODS
2.1. Accounting GHG emission from using electricity
The electricity was used for operating equipment in composting facility is considered in
this study. The GHG emission from using electricity was determined by the following equation:
[7]
Where: MJ is electricity consumption (MJ – 1 Kwh = 3.6 MJ); E is equivalency factors.
2.2. Accounting GHG emission from diesel combustion
In this study, one truck (15 tones) was used to transport solid waste from separating
point to the landfill and two scooping trucks were used for mixing, scooping and moving
solid waste in composting process. Thus, the estimation of GHG emissions bases on vehicle
type, distance travelled and working time per day (8 hours). The emissions (CO2
equivalents) were determined using life cycle inventory data and the formula below:

[7]
Where: S is distance travelled (Km); E is equivalency factors.
2.3. Accounting GHG emission from composting
In composting process, a large fraction of the degradable organic carbon (DOC) in the
waste material is converted into CO2, CH4 is formed in anaerobic sections of the compost
and N2O also produced. Poorly working composts are likely to produce more both of CH 4
and N2O [7]. The CH4 and N2O emissions of biological treatment can be estimated using
the default method given in follow equations:
;
[7]
Where: M is mass of organic waste treated by composting (Gg); EF is emission factor
for composting (g CH4 or N2O/kg waste treated); R is total amount of CH4 recovered in
inventory year (Gg); i is composting.
2.4. Accounting GHG emission from landfill site
The greenhouse gases emissions related to landfilling are mainly due to CH4 and
carbon dioxide CO2 present in the biogas produced by anaerobic bacteria. The equation is
as follows:
[8]
Where: MSWT is total MSW generated (Gg/yr); MSWF is fraction of MSW disposed to solid
waste disposal sites; MCF is methane correction factor (fraction); DOC is degradable organic
carbon (fraction) (kg C/kg SW); DOCF is fraction DOC dissimilated; F is fraction of CH4 in
landfill gas (IPCC default is 0.5); 16/12 is conversion of C to CH4, R is recovered CH4 (Gg/yr).
3. RESULTS AND DISCUSSION
1.1 Municipal solid waste management in Hoi An City
On the land of 61.71 km2, HAC has 9 wards and 4 communes of administration, which
form 3 main featured areas such as the ancient town area in the center of the city, the
residential area and rural area. According to the statistics from Center of Population and
68

No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

Family Planning, Center of Management and Tourism Development and Public Works Ltc.,
in recent years while the population of HAC has been relatively stable, number of tourists
has increased significantly and the amount of municipal solid waste also respectively raise
as the below Table 1.
Table 1. Statistics of population, tourist and MSW in Hoi An city in recent years
Year
Population (people)
Tourist (people)
MSW (ton)

2009

2010

2011

2012

2013

2014

2015

93,806
1,474,098

19,282

91,368
1,504,478
20,147

94,531
1,753,228
22,164

92,389
1,679,262
23,915

94,246
1,911,000
24,548

94,367
1,756,916
26,101

89,755
1,899,000
25,339

3.2. Flow of solid waste and composition of MSW
Life Cycle Assessment method was used to analyze the flow of solid waste in disposal sites and
identify sampling points. Nordtest methods (NT ENVIR 001 & 004) were used for sampling and
measuring the composition of municipal solid waste which is showed in the Fig 1. 175 samples

were sampled continuously from 5 positions of composting process in 7 days of a week to calculate
the average value and assess the stability of data between weekdays [9,10]. The proportions of
municipal solid waste components are shown in the Fig. 1 bellows.
Figure 1. Flow of solid waste in
disposals and composition of
MSW

The municipal solid waste is aggregated into the gathering point at the Cam Ha
Composting Facility, where solid waste is classified for the next treatment stages. The
composition of solid waste in HAC was identified including 64% of organic, 15% of plastic,
11% of incombustible waste, 9% of glass, textile and card board and 1% of hazardous waste.
While the recycled waste is moved to the recycle companies in Da Nang City (DNC), small
organic waste (89%) is collected for being the raw material of composting process, which has
11% of small size impurities such as plastic (4%), glass (2%), incombustible waste (2%), textile
(1%) and card board (1%). However, the biodegradable process from the fermenting and
composting process is reduced due to the significant impurities in the final product. In addition,
the bulky waste, which is transported to the landfill has 63% of organic (bulky bough, garden
waste), 15% of plastic, 8% of incombustible waste, 10% of textile and glass and the remainders
of card board, wood and ceramic. Comparing to the characteristic of the municipal solid waste
in DNC - a famous tourist city, which is one of the biggest cities in the central of Vietnam
receives about 720 tons of solid waste every day with the component was identified by 66.71%
organic waste 14% plastic, 9.7% incombustible waste and 9.59% of others [5]. Although HAC
is smaller than DNC (about urban scale and amount of solid waste generation), the composition
of the municipal is relatively homologous.
69


Pham Phu Song Toan...

Greenhouse gas emissions from municipal solid waste disposal sites...

3.3. Activities of MSW disposals and sources of GHG emissions
The municipal solid waste of HAC is collected and transported to Cam Ha Solid Waste
Facility by trucks and is classified for the next treatment stages. Composting and dumping
landfill are two main disposal methods. Several activities in Composting Facility and
Landfill Site are shown and sources of GHG emissions from disposal sites are identified in
the Fig. 2. In Composting Facility, GHG can emitted from three main activities such as
burning diesel fuel from transportation by trucks and mixing waste by scooping trucks,
using electricity for operating equipment and official activities and composting process.
Furthermore, using compost in agriculture is known as a way of saving carbon and nitrogen
in soil that is the potential and long term emission. In addition, at the dumping landfill,
transportation and decomposition is two main processes can emit GHG [4].
Fuel/Energy

Activities

GHG
emissions

Transportation

Import raw materials
and semi-processed

Disposal

Diesel
Electricit
y

Recycle
waste

Transfer to storage

Bulky
Transfer to landfill
waste
Screen raw material

GHG from
burning
diesel and
using
electricity

Composting
process

Diesel
Electricity

Transferring and mixing by
scooping trucks
Composting process
Operate equipments and official
activities

Decomposition
process

Dumping landfill
site

Composting facility

Composting process

Decomposition process
Diesel

GHG from
burning
diesel and
decompositi
on-on

Transfer solid waste to
landfill site
Decomposition activities

Note:

GHG from
burning
diesel,
using
electricity
and
composting

Sources of GHG

emissions

Figure 2. Sources of GHG emissions from activities of municipal solid waste disposals

70


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

3.4. GHG volume from disposal activities
This bar chart in Fig.3 shows the amount of GHG emitted from four activities in both
of disposals in HAC in 2015. In particular, the volume of GHG from composting process
was the highest proportion with 5,017 tons of CO2-eq (equivalent to 56.6%), while
decomposition activity from the landfill emitted about 3,343 tons of CO2-eq (equivalent to
37.7%). On the other hand, combusting diesel and using electricity activities emitted 429
tons and 76 tons CO2-eq (equivalent to 4.8% and 0.9%), respectively. Comparing to GHG
emission in DNC, 160,000 tons CO2-eq (equivalent to 7,573 tons CH4), which were emitted
from Khanh Son Landfill site in Danang City were more than HAC’s 10 times of solid
waste volume and 18 times of GHG emission volume [5]. These data illustrate that aerobic
and anaerobic decompositions is the main generation sources of GHG by 94.4%. Thus, well
controlling the processes of composting and landfilling, the amount of GHG emission will
be reduced. Particularly, oxygen should be supplied enough to restrict anaerobic space in
composting piles. The operating parameters such as moisture, temperature, the C/N ratio
have to frequently check and control to reach optimum values. Additionally, the recovery
and reuse of CH4 should be improved to increase R coefficient and simultaneously reduce

the amount of GHG from landfill.

Figure 3. GHG volume from disposal activities in 2015

Figure 4. The amount of GHG components in 2015

71


Pham Phu Song Toan...

Greenhouse gas emissions from municipal solid waste disposal sites...

The second chart in Fig.4 illustrates the emission of GHG components from disposal
sites. CH4 has always been a key component of GHG generation. Total amount of CH4
which was emitted from disposal sites in 2015 was 286 tons (equivalent to 6,004 tons CO2eq), while there were 7.6 tons N2O (equivalent to 2,357 tons CO2-eq) and 505 tons CO2 were
emitted, respectively. Thereby, the municipal solid waste disposals in HAC emitted
approximately 8,866 tons of CO2-eq into the atmosphere in 2015. Being born from the
anaerobic digestion process, CH4 accounted for 67.72 % of total amount of CO2-eq. This
means that anaerobic decomposition was a significant part in composting process and the
considerable leakage of CH4 from landfill site.
3.5. Estimation of GHG emission from MSW disposal in HAC for the future
According to the “Building an Ecological City Plan” of HAC, there are two scenarios
for treating solid waste. All of the municipal solid waste will be treated by composting and
incinerator (S1) or will be burned by incineration (S2). However, to improve the effect of
sustainable integrated MSWM, the 3rd scenario is proposed which integrates anaerobic
digestion, recycling, composting and incineration methods. The estimation of GHG
generation in three scenarios from 2015 to 2030 is showed in figure 5.

Figure 5. Estimation of GHG emission from municipal solid waste disposals in the future

This chart shows clearly that the GHG emission from disposals in scenario 1 (S1) and
scenario 2 (S2) will be higher than from scenario 3 (S3) and go up slightly follow the
growth of amount of municipal solid waste. This is explained by plastic, flame retardants
and wet materials have high CO2 emission factors from burning. Thus, burning all of solid
waste in S2 or a half without separation in S1 will emit more GHG. Whereas, the municipal
solid waste will be classified well in scenario 3. Therefore, the recycle waste (plastic, paper,
card board, metal, glass,...) will be reused, recycled; the organic waste with high moisture
(chicken waste, market waste, sewage sludge, human waste,...) will be decomposed by
anaerobic digestion method (AD) which is has low greenhouse gas emissions, produce
liquid fertilizer and recover CH4 for cooking and power generation. The bulky waste
(garden waste) will be composted and the remaining fraction (household items) will be
72


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

burned. The ash from incinerator will be landfilled. Therefore, the municipal solid waste
management (MSWM) in HAC should be integrated and handled according to scenario 3 to
reduce total GHG emissions from disposals and get more benefits from energy saving and
fertilizer products as well.
4. CONCLUSIONS
HAC generates about 2,000 tons of municipal solid waste every month which is
separated by citizen and collected with distinct schedules. However, all of solid waste is
gathered to the same point and mixed together. Thus, this makes the separation at the
source lose the meaning and cause serious obstacles to the next treatment stage as well.
Composting and dumping landfill methods are used for treating all of municipal solid waste
in HAC. Cam Ha Composting Facility receives about 50% of total solid waste and the other

half is dumped into Cam Ha dumping landfill site. The composition of municipal solid
waste was identified including 64% of organic, 15% of plastic, 11% of incombustible, 9%
of glass, textile and card board and 1% of hazardous.
In 2015, 8,855 tons of CO2-eq was emitted from both of disposal sites in HAC, in which
5,522 tons of CO2-eq were generated from Cam Ha Composting Facility and 3,344 tons
CO2-eq were generated from Cam Ha dumping landfill site, respectively. In total GHG
emitted, CH4 is a key component by 67.7% of total amount of CO2-eq (equivalent to 6,004
tons CO2-eq), while N2O and CO2 were 26.6% (equivalent to 2,357 tons CO2-eq) and 5.7%
(equivalent to 505 tons CO2). This showed that these solid waste treatment disposals did
not effectively operate. Particularly, there were significantly anaerobic process in
composting and considerably leakage of CH4 from landfill site. The estimation of GHG
generation for 3 scenarios of MSWM proved that an integrated MSWM, which includes
effect of separation and collection and integration of recycling, composting, anaerobic
digestion, incineration and landfilling will emit fewer GHG. This scenario will be the
sustainable integrated MSWM model for HAC to build a Hoi An Low-Carbon City and
bring numerous benefits for life.
Acknowledgements: The authors acknowledge the support of 13MT’s students of
Danang College of Technology – The University of Danang and the financial support from
GEGES Funding Research Program of Kyoto University, Japan.

REFERENCES
[1] Viet N. T, Hoang V.C., Hitoshi Tanaka, Morphological change on Cua Dai Beach, Vietnam:
Part I image analysis, Research Gate, 2015
( />[2] Charlotte Scheutz, et al., - Microbial methane oxidation processes and technologies for
mitigation of landfill gas emissions, Journal of Waste Management & Research, International
Solid Waste Association (SAGE published online), (2009), 409-455
[3] Antoni Sánchez, et al., -Greenhouse Gas from Organic Waste Composting: Emissions and
Measurement, Springer, 2015, 33 – 42

73

Pham Phu Song Toan...

Greenhouse gas emissions from municipal solid waste disposal sites...

[4] Alessio Boldrin, et al., - Composting and compost utilization: accounting of greenhouse gases
and global warming contributions, Waste Management & Research (2009), 1-13
[5] Vo Ngoc Diep Khoi, T.V. Quang, H. Hai, Greenhouse gas emissions from municipal solid
waste in Danang City, Journal of Science and Technology, 53 (3A) (2015) pp 295-300.
[6] People Committee’s of HAC, Building a Hoi An Ecological City Report, 2009, pp. 11.
[7] Recycled Organic Unit – Greenhouse gas emissions from composting facility – 2nd Edition,
The University of New South Wale, 1466 Sydney, Australia, 2007, 25 – 34
[8] IPCC – Chapter 4: Biological Treatment of Solid Waste, IPCC Guidelines for National
Greenhouse Gas Inventories – Vol 5 – Waste, 2006
[9] Nordtest method NT ENVIR 001 – Solid Waste, Municipal: Sampling and Characterization,
NORDTEST – FINLAND, 1995
[10] Nordtest method NT ENVIR 004 - Solid Waste, Particulate Materials: Sampling, NORDTEST
– FINLAND, 1996.

Article history:
– Received: Sep. 8.2016
– Accepted: Nov. 30.2016
– Email: /

74


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

PRESERVATION OF ENVIRONMENTAL FUNCTIONS BY THE
IMPLEMENTATION OF CORPORATE SOCIAL
RESPONSIBILITY AND ENVIRONMENT IN WEST SUMATRA
Rembrandt, SH. MPd.
Andalas University (Indonesia)
ABSTRACT
Environmental issue is not only a matter of human physical environment nor human
biological problem, but also a moral issue. World Industries is often a major culprit in
environmental degradation, since very greedy in exploiting natural resources. When
traced, perhaps one reason is the lack of concern and responsibility of management and
owners of the company towards society and the environment at the company site. Investors
simply dredge and exploit the natural resources that exist in the area, regardless of
environmental factors. In addition, almost little or no corporate profits are returned to the
community, especially intended for environment conservation. Precisely that is the case, the
community is marginalized even in its own area.
Keywords: Environmental Conservation, Corporate,
Corporate Social Responsibility and the Environment
1. INTRODUCTION
Environmental 1 issues are of most crucial in human life. Consequently, the linkage
between corporate responsibility and the enforcement of environmental law may serve as a
guarantee on the sustainability of human life. Environmental issues are not only in terms of
human physical or biological issues, but also serve as moral issues.
The basic concept of such responsibility is still in the private domain and in
development, is coming to a broader domain, i.e. collective domain. Maignan and Ferrel
state that CSR as a business acts in socially eponible manner when its decision and action
for balance divere stakeholder interests. The Corporate Social Responsibility (CSR) has
become a recent talk, triggered by the new provision in the Law No. 40 of 2007 on Limited
Corporation (Limited Corporation Act) which regulate such substance. Basically, Article 74

of the Act mentions that each Limited Corporation in the field or related to natural
resources is bound to conduct corporate social and environmental responsibility.[1]
[1]

There are two kinds of environmental issues, i.e. environmental pollution and environmental destruction.
Article 1 point 12 and 14 of Law No. 32 of 2009 states that environmental pollution is the entry or the
inclusion of living creatures, substances, energy and/or other components into an environment through
human activities by which the quality of the environment degrades into a certain level that causes the
environment to defunct from its allotment. Meanwhile, environmental destruction is an act that may cause
direct or indirect change towards the physical or biological treats that causes the environment fail to
function in supporting sustainable development.

75


Rembrandt, SH. MPd.

Preservation of environmental functions by the implementation...

Law No. 32 of 2004 contains the legal vision to accelerate the welfare of the people by
means of improvement, services, empowerment, and participation of the society, and
improvement of regional competitiveness by considering the principles of democracy,
equality, justice, privileges, features and speciality of regions in the system of the Unitary
State of Indonesia. In achieving such goals, regional government needs to re-engineer the
management of government and development to implement effective government.
Under the circurmstances, the province of West Sumatra attempts to accelerate the
welfare by developing business opportunities especially for micro & small entrepreneurs,
and cooperatives as this sector absorbs manpower. Yet it is not easy to empower those
entrepreneurs due to the limitation to access of capital.
Industries are often times deemed as the culprit in the environmental destruction due to

their hunger in exploiting natural resources. [2] Upon further in-depth observation, the cause
of this is the lack attention and responsibility of the management and corporate owners
towards the surrounding society and environment. Investors harass and exploit the existing
natural resources in an area disregarding the environmental factors. Moreover, very little –
if any – even none of the corporate’s profit are returned to the society. It has been a
common practices that locals are marginalized in their own area.
In West Sumatra, the area of protected forest covers ± 923,246 hectares, wildlife
reserve area of 24,592 hectares, natural conservancy area of 36,624.93 ha, tourism natural
park area of 861,802 hectares, and national park area of 554,280 hectares. [3]
Referring to the data of the Forestry Agency of West Sumatra, forest area of West
Sumatra is 2,464,094 hectare with the following detail: conservation forest 773,343 hectare,
protected forest 923,246 hectare, limited-production forest 216,223 hectare, production
forest 429,281 hectare and convertible production forest 212,910 hectare. [4] Today, the
forest area is occupied by custom-based society (masyarakat hukum adat) and such
occupation is passed hereditarily.
2. MATERIALS AND METHODS
This Research is on the Preservation of Environmental Functions directly pertaining to
the operation of corporations in the form of social and environmental responsibility, totally
focused on the principles of social and environmental responsibility implemented by those
corporations. The social and environmental responsibility policy is related to the principles
of justice for the society of West Sumatra that is known for its strong customs in the use of
natural resources, and the concept of social and environmental responsibility that supports
the preservation of environment in order to achieve the objectives of welfare state. The
methods that has been used for this menuscript juridical normative from the study of
constitution law with sociologic juridical approach to cultivate the data from the field.
[2]

[3]
[4]

AB Susanto, Corporate Social Responsibility; Pendekatan Strategic Management dalam TJSPL
(Corporate Social Responsibility; The Approaches of Strategic Management in CSER); Jakarta; Erlangga,
2009, p 6.
Source: Forestry Agency of West Sumatra, 2011.
Ibidem.

76


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

3. RESULT AND DISCUSSION
3.1 . Process of the Establishment of Social and Environmental Responsibility in
Law No. 40 of 2007 on Limited Corporation (Perseroan Terbatas, PT )
Pros and Cons on the additional liability of a corporation to conduct social and
environmental responsibility, according to the practitioner of business, is that it is deemed
as a new liability in the form of cutting profit. The pros and cons reached the boiling point
when the Limited Corporation Act was approved by the House and enacted by the
Government. The core question is: should this social responsibility be strictly regulated in
detail where the nominal of the responsibility is stipulated, and further, is the provision of
Law No. 25 of 2007 on Investment suffice the necessity as this Investment Act also
regulates that corporations is given the liability of social and environmental responsibility.
State-owned enterprises have even been held liable by Law No. 19 of 2003 on Stateowned Enterprises (Article 88) to conduct Fostering of Surrounding (Bina Lingkungan) in
the form of fostering small enterprises/cooperatives and the community in the surrounding
of the state-owned enterprises. And by means of Package of January 1990, the Minister of
Finance oblige state-owned enterprises to spare 1-5% of their nett profit for the Bina
Lingkungan Partnership Program.
CSRE programs were only in the surface without touching the core problems faced by

the community. In many cases, corporations assumed themselves as the party that
understood the community’s problems while the community was considered as a
marginalized group that suffered so it would need the aids from the corporations.
3.2 . Lawsuit to the Constitutional Court
Law No. 25 of 2007 on Investment and Law No. 40 of 2007 on Limited Corporation,
the mandatory CSRE provisions in the two Bills made the corporations grew restless and
uncomfortable. This led to the gathering of several associations in the realm of business,
especially those related to natural resources exploration and mining. They rallied in the
hope to annul the provisions from the Bill of Limited Corporation Act that almost reached
its completion in the legislation process in the House of Representatives. The objection of
the corporations were based on the assumption that such provision would provide business
with an additional obligation as a complement to tax and other costs.
Petitioners mentioned that Article 74 and its elucidation were in contrast to the 1945
Constitution, as well as several other Articles, i.e.:
1) Article 22 A on the procedures for the establishment of law;
2) Article 28 D point (1) on legal certainty;
3) Article 29 I point (2) on discriminatory treatment;
4) Article 33 point (4) on the efficiency of justice.
The core of the petition to the Constitutional Court was filed under the claim
‘aggrieved’ since Petitioners claimed that the presence of Article 74 created multiple
encumbrence to the corporations.
The petition was then processed by the Constitutional Court through a judicial review
trial. The trial concluded – as stipulated in the Constitutional Court Decision No. 53/PUU77


Rembrandt, SH. MPd.

Preservation of environmental functions by the implementation...

VI/2008 – the following[5]:

1) Petition filed by Petitioners I, II, and III is unacceptable;
2) The petition for formal judicial review petitioned by Petitioners IV, V, and VI
towards Article 74 points 1, 2, 3 of Law no. 40 of 2007 on Limited Corporation and their
Elucidations is rejected;
3) Complete rejection for the petition of judicial review petitioned by Petitioners IV,
V, and VI;
4) Article 74 points 1, 2, and 3 of the Law No. 40 of 2007 on Limited Corporation and
their Elucidations (State Gazette of the Republic of Indonesia No. 106, Supplementary
State Gazette of the Republic of Indonesia No. 4756) are not in contrast to Article 28D
point (1), Article 28 I point (2) and Article 33 point (4) of the 1945 Constitution of the
Republic of Indonesia.
Another key point is that the judicial review petition was filed due to the responsibility
of corporations as subject of law. Whenever there is an act of environmental destruction,
corporations will be held liable by law.
Jimly Asshidiqie reveals that good norms of law stood on the five basis of legal
enforceability, i.e. philosophical, sociological, juridical, political, and administrative basis.
The philosophical, sociological, juridical, and political basis are absolute, while the
administrative basis is elective as it depends on the necessity. [6] Meanwhile, according to
another legal expert M. Solly Lubis, [7] there are only three basis in the establishment of
law, i.e.:
1) Philosophical basis; the philosophical base on which views or notions that become
the goal upon the formulation of passion and wisdom (of government) into a workplan or
draft of governmental regulation;
2) Juridical basis; is the legal provisions that becomes the ground for law
(rechtsgrond) for the establishment of regulation;
3) Political basis is the political guidelines that become the next basis for further
policies and directives for the management of state governance.
In contrast to the aforementioned legal basis, the annex of Law No 12 of 2011 on the
Establishment of Law states that the basis for the establishment of law includes
philosophical, juridical, and sociological basis.

In the view of not disregarding the imperativeness of the aforementioned philosophical,
sociological, political, and administrative basis, juridical basis in the process of the
establishment of law is of high importance due to the fact that juridical basis indicates the
following: [8]
[5]
[6]
7

8

Decision of the Constitutional Court of the Republic of Indonesia No. 53/PUU-VI/ 2008, p. 100.
Jimly Asshiddiqie, Perihal Undang-Undang..., (On the Law…) Op.Cit, p. 170.
Solly Lubis, in Sophia Hadyanto (editor), Paradigma Kebijakan Hukum Pasca Reformasi (Paradigms of
Policies of Law after the Reformation), in the commemmoration of the 80th birthday of Prof. Solly Lubis,
Sofmedia, Jakarta: 2010, p. 190.
Dudu Duswara Machmudin, Op.Cit, pp. 85-86.
Bagir Manan, in Sophia Hadyanto (editor). Op.Cit, p. 191.

78


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

a) The compulsion from the makers of regulations, where any form of regulation must
be established by authorized officials;
b) The compulsion of accord between the form of types of regulation;
c) The compulsion to follow certain procedures, or else, the regulation may be
declared null and void or unenforceable (not legally-binding);

d) The compulsion of being in accord to higher law.
According to Jean Bordin and George Jelinek, [9] the highest power remains in the state
and the state regulates the life of its people. The State as the highest organization of a nation,
according to Van Vallen Hoven, [10] is given the power to rule everything and is authorized to
establish law. Consequently, the responsibility to regulate the society lies in the state. This is
in line with the views of John Locke, [11] who sees that one of state’s power is the creator of
law (legislative). The creator of law is a process conducted by government’ tool and must
qualify to certain requirements. The tool of the government that stipulates law is the
authorized tool to stipulate regulations that are generally in effect, and the stipulation of legal
establishment is conducted through a predetermined procedures. [12] Then, according to Van
Der Pot, [13] stipulation of law or legal provisions must be will defect-free, in line with the
form that stipulated by the regulation as the basis of stipulation, and in line with the contents
and objectives stipulated by the regulation as the basis of stipulation.
3.3 . The Presence of Law No. 47 of 2012
Unfortunately, points (1) and (2) are confunded by point 3 that says ‘Corporations
failing to exercise the obligations as stipulated by Point (1) are subject to the sanctions
supplied by regulations’. Point (3) is not a continuation or reinforcement of the mandatory
concept of allocating budget for CSRE program as mandated by point (2), but more to a
provision on the obligation of corporations to comply with regulations on corporate
responsibility as specified by other Laws.
The Researcher thinks that whenever there is a legal issue on the account of the
corporations wrongdoings, corporations will excuse themselves by claiming that the profit
they obtain by destroying the environment is also shared to the society, and that means, the
beneficiary society also share the moral and legal responsibility.
Article 4 point (1) of the GR No. 47 of 2012, CSRE is to be conducted by the board of
directors of corporations based on annual workplan after consented to the board of trustees
or the Shareholders’ Annual Meeting (Rapat Umum Pemegang Saham, RUPS). It means,
Article 4 point (1) let corporations to decide whether or not they will make CSRE
mandatory activities to corporations’ internal mechanism (board of trustees or RUPS).
9

10

11

12
13

In Soehino, Ilmu Negara (General Theories of State), Liberti, Yogyakarta: 1998, pp. 154-155.
In Notonagoro, Politik Hukum dan Pembangunan Agraria (Politics of Law and Agrarian Development),
Bina Aksara, Jakarta:1984, p. 99.
In Faisal A. Rani, Fungsi dan Kedudukan Mahkamah Agung Sebagai Penyelenggaraan Kekuasaan
Kehakiman Yang Merdeka Sesuai dengan Paham Negara Hukum, (Function and Position of the Supreme
Court to Exercise the Independent Judiciary Power in Line with Rule of Law) Syiah Kuala University
Press, Banda Aceh: 2009, hlm. 24.
In Abdul Latif and Hasbi Ali, Op.Cit, p. 63.
Ibidem, p. 68.

79


Rembrandt, SH. MPd.

Preservation of environmental functions by the implementation...

3.4 . Implementation in West Sumatra
As of August 14 of 2015, a regulation was issued in the form of Regional Ordinance.
The Ordinance is No. 7 of 2015 on the CSER. The name is different from the name
specified by Law NO. 40 of 2007 and GR No. 47 of 2012. It is not clear why the name is
different in the ordinance. Lawmakers say that CSER emphasises more on the corporate’
responsibility towards the environment which means that each activity of corporations that

use natural resources must be held liable to the social surrounding of the corporation,
including the human beings.
Upon a deeper look on the Academic Paper for the formulation of the Bill of Ordinance
on CSER, the basis of paradigm of the establishment of the ordinance, point 2 states that
the natural resources that have been exploited so far have nearly come to depletion as
renewal measures are impossible due to the natural constraints. [14]
The basis for the establishment of the ordinace is that two-thirds of the nature’ condition
in West Sumatra consists of protected areas and its cultivation shall need further studies, No.
27 of 2012 on Environmental Clearance as the subsitution of GR No 27 of 1999 on AMDAL
(Analisis Mengenai Dampak Lingkungan, Analysis on Environmental Impact).
The data from the Economics Bureau of West Sumatran Provincial Government
indicates that the total amount of CSR contributed by several state-owned enterprises n
West Sumatra reach a total of Rp. 56,668,877,275[15]. West Sumatra is a region where
customs are still strong, where its people are dominantly persevering in the utilization of
land. Land tenure is highly crucial to the entire agrarian system as this will determine the
distribution of welfare amongst the people. I. Mockhael Hager[16] describes that basically
the law that the accepted law is not prepared to reflect the traditional culture and the
majority of aspiration of the people. Yaswirman[17] mentions that not all oral laws may be
called custom law. Islamic law is not written either as there had been no promulgation. The
Researcher discovers that the concept of land tenure according to custom law in several
ethnic groups of Indonesia is in many cases similar to the principles of land tenure
according to Islamic law. Some of the features include that land is a unique resource of
economy, where there is no kind of absolute tenure, inclusivity as its nature, the prohibition
to sell the land as market commodity, and that human is much more important that land.
Boedi Harsono[18] mentions that land tenure rights is the rights that authorizes to do
‘something’ on certain lot of land. The rights may be exercised as individual or communal
(in the case of a custom-based society), and in West Sumatra the term ‘tanah ulayat’
(communal land) is familiar.
14
15

16

17

18

Academic Paper of the Bill of Ordinance on CSER of West Sumatra, 2015, p. 3
Op cit, p. 25
I, Machael Hager, TheRule of Law in Developing contries dalam BF Sihombing, Gunung Agung Jakarta,
2004, p. 67
Yaswirman, Hukum Keluarga; karakteristik dan prospek Doktrin Islam dan Adat dalam Masyarakat
patrilineal Minangkabau (Law on Kinship; characteristic and prospects of Islamic and Custom Doctrines
in the Patrilineal Society of Minangkabau, Raja Grafindo persada , Jakarta, 2011, p.8
Boedi Harsono, Jual Beli Tanah dan Hukum Adat Dalam Hukum Tanah Nasional (Sale and Purchase of
Land and Custom Law in National Agrarian Law), Pustaka Peradilan; 1997, p. 27

80


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

Busshar Muhammad[19] expresses that Beschikingrecht or communal rights stipulates
that the society that is not the members of custom-based society may not enjoy/cultivate the
land that belongs to a community.
In his book, Politea, Plato described a just state due to the balanced regulation in the
life of the state as each element did their best according to respective skills and duties. [20] In
the same sense, Aristotle in his book, Politika, wished that the establishment of law must be
guided by the sense of justice; the sense that is considered good and proper for people who

live together. The well-know saying is Iustitia est constans et perpetua voluntas ius suum
cuique tribuere which means that the part or the rights of each person is not always similar.
[21]
Justice according to Aristotle is divided into two groups, i.e.:
a) Distributive Justice;
b) Corrective Justice. [22]
The share, as regulated in the Limited Corporation Act, must consider the society in the
corporations’ surroundings and be responsible to the preservation of environmental
functions. The responsibility seemed to have been ignored as no clear provisions to
determine who is responsible for the environment. Meanwhile since 2005 up to 2013, West
Sumatra has been collecting CSRE funds from corporations as much as Rp.
237,781,841,455[ 23 ]. This seemingly large fund is distributed to help the surrounding
society in the form of Community Development and some small share of the fund is used
for the preservation of environmental functions
4. CONCLUSSION
The Research concludes that:
1) The birth of Law No. 25 of 2007 on Investment and Law No. 40 of 2007 on Limited
Corporation, then Regional Ordinance No. 7 of 2015 on CSRE creates uncertainty of law.
State-owned enterprises think that they are provided with additional compulsion and the
society will be marginalized since their land/area will be expoited for production process,
while the share of profit and society’s rights is highly obscure.
2) The establishment of law/regulation of CSRE will create a sense of injustice for the
society, especially the society inhabiting the corporate’ surrounding area. Government as
the authority of the use of CSRE distribute the CSRE allocated funds into other
areas/activities, providing improper/obscure use of the fund.
A revision towards the Limited Corporation Act, State-owned Enterprises Act, and some
other subordinating regulations is crucial. It will be even better if the issues pertaining to
19

20

21
22

23

Bushar Muhamad, Pokok Pokok Hukum Adat (Principles of Custom Law), Pradnya Paramita, Jakarta,
2000, p. 103
Hujibers, Theo, Filsafat Hukum (Philosophy of Law), Kanisius, Yogyakarta, 1995, p. 23.
Ibidem, p. 24.
Bernard L Tanya in Dr Jazim Hamidi et al, Teori dan Politik Hukum Tata Negara (Theories and Politics
of Constitutional Law),Total Media, 2009, p. 340.
Data from the Economics Bureau of West Sumatran Provincial Government, 2014.

81


Rembrandt, SH. MPd.

Preservation of environmental functions by the implementation...

CSER are accommodated in a separate Act, namely Corporate Social and Environmental
Responsibility Act. This would serve the sense of justice and the principle of legal certainty.
REFERENCES
[1] AB Susanto, Corporate Social Responsibility; Pendekatan Strategic Management dalam
TJSPL (Corporate Social Responsibility; The Approaches of Strategic Management in CSER);
Jakarta; Erlangga, 2009, pp. 6.
[2] Forestry Agency of West Sumatra, 2011.
[3] Decision of the Constitutional Court of the Republic of Indonesia No. 53/PUU-VI/ 2008, p. 100.
[4] Jimly Asshiddiqie, Perihal Undang-Undang..., (On the Law…) pp. 170.
[5] Solly Lubis, in Sophia Hadyanto (editor), Paradigma Kebijakan Hukum Pasca Reformasi

(Paradigms of Policies of Law after the Reformation), in the commemmoration of the 80th
birthday of Prof. Solly Lubis, Sofmedia, Jakarta: 2010, pp. 190.
[6] In Soehino, Ilmu Negara (General Theories of State), Liberti, Yogyakarta: 1998, pp. 154-155.
[7] In Notonagoro, Politik Hukum dan Pembangunan Agraria (Politics of Law and Agrarian
Development), Bina Aksara, Jakarta:1984, pp. 99.
[8] In Faisal, A. Rani, Fungsi dan Kedudukan Mahkamah Agung Sebagai Penyelenggaraan
Kekuasaan Kehakiman Yang Merdeka Sesuai dengan Paham Negara Hukum, (Function and
Position of the Supreme Court to Exercise the Independent Judiciary Power in Line with Rule
of Law) Syiah Kuala University Press, Banda Aceh: 2009, pp. 24.
[9] Academic Paper of the Bill of Ordinance on CSER of West Sumatra, 2015, pp. 3
[10] I, Machael Hager, TheRule of Law in Developing contries dalam BF Sihombing, Gunung
Agung Jakarta, 2004, pp. 67
[11] Yaswirman, Hukum Keluarga; karakteristik dan prospek Doktrin Islam dan Adat dalam
Masyarakat patrilineal Minangkabau (Law on Kinship; characteristic and prospects of Islamic
and Custom Doctrines in the Patrilineal Society of Minangkabau, Raja Grafindo persada ,
Jakarta, 2011, pp.8
[12] Boedi Harsono, Jual Beli Tanah dan Hukum Adat Dalam Hukum Tanah Nasional (Sale and
Purchase of Land and Custom Law in National Agrarian Law), Pustaka Peradilan; 1997, pp. 27
[13] Bushar Muhamad, Pokok Pokok Hukum Adat (Principles of Custom Law), Pradnya Paramita,
Jakarta, 2000, pp. 103
[14] Hujibers, Theo, Filsafat Hukum (Philosophy of Law), Kanisius, Yogyakarta, 1995, pp. 23.
[15] Bernard L Tanya in Dr Jazim Hamidi et al, Teori dan Politik Hukum Tata Negara (Theories
and Politics of Constitutional Law),Total Media, 2009, pp. 340.
[16] Data from the Economics Bureau of West Sumatran Provincial Government, 2014.

Article history:
– Received: Sep 5.2016
– Accepted: Nov. 25.2016
– Email:

82


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

INFLUENCE OF MOUNTAINOUS RESIDENTS
LIVELIHOODS TO LIVING ENVIRONMENT (A CASE STUDY
IN THANH THACH COMMUNE, TUYEN HOA DISTRICT,
QUANG BINH PROVINCE)
Ngo Hong Diep, Dinh Thi Yen
Thu Dau Mot University
ABSTRACT
For nearly the past three decades, sustainable livelihoods have been worldwide seen as
the most priority target in developing strategies. In Vietnam, despite a series of developing
programs and projects launched by the local authorities, poverty and degrading
environment has still been recurring problems. Poverty has been threatening the lives of
people, especially of those living in rural and mountainous areas. Applying sustainable
livelihoods framework and inter-disciplinary research methods, this writing would hope to
figure out livelihoods and their influences on environment and living conditions in Thanh
Thach commune, Tuyen Hoa district, Quang Binh province. The results have revealed that
local people have still been living in poverty because of unsustainable livelihoods. To make
a living, they have to take full advantages of available natural resources. That livelihood
did not only make natural resources declined and exhausted, pushing their lives, in turn,
into serious situations to permanently face with risks and challenges caused by natural
disastes, but also make them failed to solve food security problems.
Keywords: livelihoods, living environment, mountainous residents
1. INTRODUCTION
Sustainable livelihoods are a very important problem to poor people in rural and

mountainous areas. So, we have seen an increasing number of programs, developing projects
that have been launched, and, theoretical studies and researches recently conducted and
published by developing executors and some scholars [1-3]. In which, tests of the participatory
research methods and implementary techniques to quick assess poverty in development of
community livelihoods are widely acknowledged [2-7]. This article, using sustainable
livelihoods framework to analyse accesses to capital for livelihoods, livelihoods in reality and
their impacts on living environment. Sustainable livelihoods framework is a comprehensive
approach to developing problems by insisting on discussions of people’s livelihoods. This
framework was once used by scholars and developing agencies [1, 2, 7, 8]. Hidden in this
framework is the five-side shaped sustainable livelihoods which claim that people use five
kinds of capitals as following: natural capital, human capital, social capital, financial capital and
physical capital to reduce poverty and ensure their livelihoods’ security [3].
83


Ngo Hong Diep

Influence of mountainous residents livelihoods to living environment...

In this article, supposed that the process of nearly 300 years living in a land with
complex terrains and much transportation difficulties probably be such the great influences
on local people to get access to capitals to constitute sustainable livelihoods. To overcome
these obstacles, 90% households did live on exploitation available natural resources to
ensure their own food supplies. Though, the present standards of living is clearly higher
than that in the past, all of them find their livelihoods unsustainable as the way they have
earned a living is just an appropriating economy or something like that. Meanwhile, forests
are increasingly destroyed, living conditions become more and more degraded, and local
people’s daily lives, of course, are regularly facing with risks and challenges caused by
natural disasters.
2. LIVELIHOODS’ CAPITALS OF RESIDENTS IN THANH THACH COMMUNE

– Natural capital: As a western commune of Tuyen Hoa district, Quang Binh province,
Thanh Thach was an area with complex terrain structures where ran majestic mountains of
Truong Son range. There were totally 3,200.71 ha land area but just 124.06 ha area under
cultivation, under 495m2 /individual on the average. Area for cultivation was not enough, the
climate was harsh with two distinctive seasons, network of river was quite dense but highly
steep that made it difficult to develop irrigation system for production. Besides, forest land
areas were 3,076.65 ha, 1.23 ha/individual on the average, but a majority of that was high and
steep cliffs. However, if there was a reasonable exploitation strategy, there would be potentials
to develop agriculture and forestry in a sustainable way.
– Social capital: Although living in insolation between valleys, social relationships
Social capital: Although isolated between the valleys, but social relationships, social
networks within and outside the community has always been strongly promoted. In the
community, the spirit of mutual affection and solidarity to help each other is highly
appreciated. Social associations and organizations are important channels that help local
people get access to capitals, and acquainted with up-to-date sciences and technologies.
However, living in concentration and insolation together with tendency to regional
knowledge and with strong reliabilities system that are obstacles in joint-venture
businesses, creating difficulties in accessing capitals needed for sustainable livelihoods.
– Human capital
Age

Number

%

0-17

903

36.09

18-60

1454

58.12

Over 60

145

5.79

Total

2502

100

Table 1. Population ratio of Thanh Thach commune

Thus, the figure shows that Thanh Thach population are so young, abundant labours
(with a great number of people living off them (41.88%).
Whereas, living qualities are still low, children’s fundamental rights and human ones
are not met, yet, there remains malnourished children, depressed adults, widespread
84


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

common illnesses. In addition, skills and qualifications are of decisive factors for
sustainable development. In 2015-2016 academic year, there are 767 schoolboys and
schoolgirls (30.06% population), only 11 students. In accordance with that, also, only 1 out
of 4 people attends to school. However, in Thanh Thach commune, there have been so far
11 university graduates and 7 students with college diplomas, which, on the other hand,
obviously states out so low education levels that will soon be backward, unable to catch up
with the momentum of the nation’s phase of modernization and industrialization.
– Financial capital: Capital inflows come from many sources: salaries (pension: 5
individuals; civil servants: 42 individuals; labour exports: 20 individuals; unskilled
workers: 100 individuals), farming and animals husbandry, “forest destroyers”… Along
with those are sources of revenues and expenditures or financial outflows to cover expenses
of meals, daily activities, education, sickness, investment and production, housing…This
are seen as great burdens on over more than 500 local households, while legal credit
markets just agree to release small funds for production. Therefore, families with pendingto-be-exported labours would have their real eestate mortaged with a hope of “life
changing”.
– Physical capital: In order to help people out of developing economy, the government
and other social organizations today have invested in infrastructures meeting 100%
demands for electricity, roads, schools and medical stations. Besides these aids, and thanks
to long-term accumulations, many farmers could afford motorcycles, bicycles, televisions,
tractors…these facilities, though, are deficient, but indispensable means serving daily life’s
activities and production aims, and of initially important ones to help people make their
lives stable.
Thus, livelihoods are a combination of capital sources, people’s abilities and activities. But,
poor people, at present, are facing with much difficulties because of the lack of knowledge,
unreasonable exploitation of capital sources. These five capital sources expected to positively
influence rural and mountainous development in Thanh Thach commune are so insufficient
that, in turn, they leave great impacts on livelihood’s real situation.
3. LIVELIHOODS IN REALITY

3.1. Livelihood of exploitation and other natural products
– Hunting and gathering: These activities frequently happen, attracting both main
labours, simple labours and parasitic people. They collect all kinds of production such as:
bamboo shoots, coryphe sari bus, tiger grass (thysanolaena maxima), roots, fruits,
tubers…in way of eradication. Therefore, it can be seen, by year 2015, that all kinds of
these products have been exhausted which resulted in greatly bad impacts on biodiversity
and development of sustainable livelihoods.
Having livelihoods been at a standstill, many households remain hunting and gathering as
the very choice. They completely catch all kinds of fish in streams and rivers, poaching and
hunting for other forestry products in Phong Nha - Ke Bang National Parks and in others. In
hunting activities, honey is at central focus for its high values at use and exchange.
85


Ngo Hong Diep

Influence of mountainous residents livelihoods to living environment...

Figure 1. Number of households
exploiting forestry products

– Logging and other forestry products: The western forestry and mountainous areas of
district of Tuyen Hoa and Minh Hoa, Quang Binh province preserve a rich and diverse flora
with a variety of precious woods such as Indian laburnum, eaglewood, ironwood, bullet
wood, apitong wood, redwood, technical sitar wood, menghundor wood, ebony wood,
sweet chestnut wood…and other non-wood products. The results of surveys with
participants showed that forests supplied wood for housing, domestic appliances, firewood
for cooking and particularly commodities that support Thanh Thach residents1.
Although logging activities have been strictly prohibited, it was because of limited land
areas for cultivation and miserable life that Thanh Thach residents did break the laws. This kind

of business was done with the two main purposes: personal use and trade. Logging and
obtaining other non-wood products used for housing, sheds for livestock’s, household
appliances…are at great demands. It was estimated that around 20-25m3 woods, which were of
precious ones such as: ironwood, apitong wood, redwood, menghundor wood…, were needed
to build a house. Along with personal uses purpose, illegal logging for trade took place at
different rates and levels. Objects to do the logging were “illegal loggers” (80% householders)
– scornful nicknames dubbed those who failed to find an honest way to earn a living.
Exploited logs were mainly of precious woods from old forests with shapes and
dimensions varied as demanded by wood tycoons. Wood exploitation at intense rate
gradually depleted nearby timbers, “loggers” had to go deep into forests near Vietnam-Laos
border, into the Highlands, through Laos and Cambodia, cutting down trees and shipping
logs and timbers for hire at the same time. Besides wood, products made from and of rattan,
cork, bamboo to serve trading purposes also attracted 90% households to participate.
Their process of deforestation and making forests exhausted earned them, for many
months, not a single penny, and certainly did not guaranteed their families’ food security as
their “black achievements in deforestation” detected by authorities. Yet, if they were “lucky
enough” or forests were “not in action”, a logging trip could earn them 10 millions VND/3
months – 5 times higher than total income of a-year-crop production.
1. Besides Thanh Thach residents, local forestry and mountainous areas also supported about 70% population of the five
communes of Tuyen Hoa district as following: Lam Hoa, Thanh Hoa, Kim Hoa, Huong Hoa, and other remote
communes of Minh Hoa district.

86


No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

3.2. Production livelihood

– Cultivation: Permanent settlements between the valleys, with the total production
area of 124.06 ha, but there were really 44 ha (for 2,502 individuals) out of that under
cultivation (1 corn crop/year, and 1 green bean crop/year), less than 175 m2/person on the
average, the rest was hilly land and sand which were unable to yield.
Compared to crop production, gardening economy would bring them higher profits. On
consideration of current situations and trends, economic form of planting trees in the gardens
and hilly gardens was abundant and diversified, in which Phuc Trach grapefruit was said to
bring rather high income to about 30 families (15 millions VND/family/year). However, for
strongly focusing of multi-cultivation and low levels of producing techniques, economic
efficiencies, on the whole, were limited, cultivation land was left in untouched.
Another kind of livelihood to draw the residents’ serious attention was afforestation.
The process of greening bare hills saw the contribution of about 50 households and has
brought back some respectable results, creating huge financial income of about 60 millions
VND/household/5 years. This profit has driven 300 other families that are hopeful to have
bank loans to invest in “baring hills and mountains” projects. Whereby, vast ever green
forest are scrambled for cutting and burning down for afforestation with hopes for better
future. This situation has raised up urgent demands for policy makers to bring forth
appropriate planning, clearly dividing lands and forests, which would limited indiscriminate
burning and deforestation and increase forest covering rates.
– Animal husbandry: As a mountainous area, cattle-breeding development was
preferentially focused. However, the process of afforestation swept away grasses so the
number of cattle bred in each of families, as a result, had to retain from 1 to 8. Breeding’s
purpose was mainly to serve production, so nearly 90% of all the households took part in. In
addition, pigs and chickens were commonly domestic animals. However, only five
households in Thanh Thach commune expanded animal husbandry up to large scale (20-50
pigs, more than 100 chickens), the rest did it a little. In spite of a large number of idle labours,
easy disease-preventing tasks, abundant natural resources of materials for carpentry, knitting,
favourable to promote strengths of breeding and handicraft, it was the inertia of “culture of
poverty”, laziness, low quality of human capital, lack of funds that obstructed connections to
the markets, thus, breeding and handicraft, as a matter of course, could not develop.

3.3. Trade and services
As residents’ territories were accessible with far more difficulties, previous concepts of
markets were taken as exchanges, bearing views in the high spirit of the whole community.
At first, exchanges took place mainly based on practical needs “what we have and what we
need”, then that gradually switched to exchange “what we have and what the others need”,
which consequently retarded the development of trade and services.
4. LIVELIHOODS’ INFLUENCES ON LIVING ENVIRONMENT
Thanh Thach residents’ livelihoods are unsustainable. Not only were poverty, standstill
life and lack of appropriate livelihoods generally believed to have been reasons leading
them to illegal loggings but also loose management of authorities in about a decade (199887


Ngo Hong Diep

Influence of mountainous residents livelihoods to living environment...

2008) had a part in turning Tuyen Hoa mountainous area into logging centre and wood
entrepot. This kind of livelihood has degraded natural resources and badly influenced
environment.
4.1. As for natural environment
1). The air was less fresh as forests were cut down causing heat radiation to raise.
2). The climate became harsh with two distinctive seasons: In the dry season, trees were
just a few, solar radiation increased the earth’s temperature, with low humidity, too dry wind
blowing from Laos; in rainy and cold season, prolonged rainfall, high humidity, cold winds,
temperatures lowered in winter without forests’ shieldings, the climate thus was much harsher.
In addition to that, habits of grazing and indiscriminate defecation easily spreaded out diseases.
3). Water environment: A series of streams became “dead” in dry season causing water
shortage for daily activities and production. In rainy season, torrents and floods occurred so
often for lack of forest coverage, causing loose of lives and crop failures. Evident consequences
of this livelihood were specified by the two successive floods in October 2010 killing 20 people

and ruining hundreds of billions VND of Tuyen Hoa district.
4). Land resources: originally small land under cultivation became narrower and
narrower, arid in dry season, eroded, sliding and deposited in rainy season. Short-sighted
livelihoods made arable land less fertile, too narrow area for cultivation made it impossible
for peasants to live on agricultural production and wanted not to do the farming any longer.
5). One-way exploitation together with “green hills and mountains denudation” for
afforestation serving purposes of production and defense resulted in millions of trees being cut
down, “splited off”, many of jungles became hollow, protective forests were burned down to
ash. Local flora declined, so did the fauna. These factors greatly influenced the atmosphere,
climate, causing underground water’s levels decreased and environmental degradation.
4.2. Social environment
1). Life still remained insufficient, the whole community often suffered major shocks
caused by natural disasters. The extreme of life made a large number of children with
unfinished secondary school’s courses leave school for going into forests with their brothers
and fathers. Time to live in the forests of illegal loggers were greater than that of at home, with
the Shade of Death lying in wait, low quality of life, loss of health, acquiring illness. Their real
lives were in fact influenced by “jungle laws” so they led their lives in standstill livelihoods and
in the lack of culture and civilization. Thence, drug addiction was invited, so came after social
evils such as fights, killings, stealings that destroyed the village’s orders and securities.
2). Unclear decentralization of forests for households would see severe disputes. Habits of
grazing the cattles and poultry caused unsanitary, low productivity and crop destruction in the
community, which, more ever, raised controversies among neighbours, ill influenced the spirit
of solidarity in the village.
3). Productive land was little, labour assignment was not reasonable, other exploiting
activities were duties of man, leaving women idle all year round. This accounted for rapid
growth of population (60-year-old women had 8 children, while those at age from 30-40
had 5 children on the average). This, also, simultaneously caused the gender inequality in
88

No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

family, the husbands had obvious rights to make decisions. Living a life relying on
husbands’ incomes was potentially the seeds of family violence, women were always the
last persons to take disadvantages.
5. CONCLUSION
Residents in Thanh Thach commune, Tuyen Hoa district, Quang Binh province have
lived in extremely difficult situations. Limited capital approaching took away opportunities
for sustainable livelihoods to develop. And this was also the reason that pushed the
residents to another livelihoods. The existing livelihoods left huge impacts on living
environment not only of Thanh Thach dwellers but also of other communities living on the
two banks of Gianh river. Natural resources depletion and insecure social environment
placed the whole community in the state of facing risks, vulnerable contexts.
Information from this case study, plus many other sources of information would probably
point out that this issue should be studied and discussed. After that, bring out appropriate
solutions and policies launching sustainable livelihoods strategies to increase income, improve
life without doing the environment harm.
REFERENCES
[1] A. Bebbington, "Capitals and capabilities: a framework for analyzing peasant viability, rural
livelihoods and poverty," World development, vol. 27, pp. 2021-2044, 1999.
[2] F. Ellis, "Rural livelihood diversity in developing countries: evidence and policy implications.
Overseas Development Institute (ODI) Natural resources perspectives number 40," Natural
Resource Perspectives, 2000.
[3] U. DfID, "Sustainable livelihoods guidance sheets," UK DFID Department for International
Development: London.) Available at: Www. Livelihoods. Org/info/info_guidancesheets. Html
(accessed 05 April 2007), 1999.
[4] R. Chambers, "Poverty and livelihoods: whose reality counts?," Environment and urbanization, vol.
7, pp. 173-204, 1995.

[5] C. Ashley and D. Carney, Sustainable livelihoods: Lessons from early experience vol. 7:
Department for International Development London, 1999.
[6] P. Filipe, "The right to land and a livelihood: the dynamics of land tenure systems in Conda,
Amboim and Sumbe municipalities," 2005.
[7] Nguyen Van Suu, "Industrialization, urbanization and changes livelihoods in peri-urban Hanoi",
Publishing House of Knowledge, 2014.
[8] K. Neefjes, "Environments and livelihoods: strategies for sustainability. Oxfam," ed: Oxford, 2000.

Article history:
– Received: Aug. 2.2016
– Accepted: Oct. 28.2016
– Email:
89


Tran Hanh Minh Phuong

Theory and teaching theory to improve the quality of social and...

THEORY AND TEACHING THEORY TO IMPROVE
THE QUALITY OF SOCIAL AND HUMANITY SCIENCE
RESEARCH OF STUDENTS
Tran Hanh Minh Phuong
Thu Dau Mot university
ABSTRACT
Theory instructs science researches for it is generally experience and knowledge that
has been accumulated from generation to generation. Furthermore, theory also provides
researchers basic knowledge to argue and interpret matters of research. However, in most
of universities, little attention has been paid to theory to be introduced, studied and
applied. Structure of a discipline often comprises of terms, objects, function of discipline or

the establishment and development progress, material sources, research methods, which
completely lacks of research theory frame. It can be said that universities should take lead
in introducing and instructing students to researching and applying theory. Besides,
academic theory works are necessarily translated and published.
Keywords: theory, social, humanity, reseach, student
1. INTRODUCTION
To improve the human being life, people have constantly thought about the natural and
social world. These thoughts led to give birth sciences. The purpose of
science concerns the expansion of knowledge, the discovery of truth
and
to
make
predictions. Theory building is the means by which the basic researchers hope to achieve
this purpose. However, now in the training program at universities of social sciences and
humanities, usually only pay attention to conveying specialized knowledge content,
methodological or technical practice but not pay much attention to the teaching of the
theoretical system of each specialty. This article refers to the role of theory in the study of
social sciences and humanity, that indicates the necessity of teaching theory in universities
to improve the quality of student on researching social and humanities sciences.
2. THE ROLE OF THEORY IN SOCIAL AND HUMANITY SCIENCE RESEARCH
What is theory? There many different definitions of theory such as:
Merriam - Webster's Learner's Dictionary definite: Theory is an idea or set of ideas that
is intended to explain facts or events; or an idea that is suggested or presented as possibly
true but that is not known or proven to be true; or the general principles or ideas that relate
to a particular subject (Merriam-Webster's Learner's Dictionary).
A scientific theory is a specific type of theory used in the scientific method. Jaime Tanner
said “The way that scientists use the word 'theory' is a little different than how it is commonly
90

No 6(31) – 2016, Dec. 2016

Scientific Journal Of Thu Dau Mot University

used in the lay public". He further explained that a scientific theory is the framework for
observations and facts. Theories may change, or the way that they are interpreted may
change, but the facts themselves don’t change. Tanner likens theories to a basket in which
scientists keep facts and observations that they find. The shape of that basket may change as
the scientists learn more and include more facts." (Alian Bradford, 2015).
The University of California, Berkley defines a theory as "a broad, natural explanation
for a wide range of phenomena. Theories are concise, coherent, systematic, predictive, and
broadly applicable, often integrating and generalizing many hypotheses". Any scientific
theory must be based on a careful and rational examination of the facts. Facts and theories
are two different things. In the scientific method, there is a clear distinction between facts,
which can be observed and/or measured, and theories, which are scientists’ explanations
and interpretations of the facts. An important part of scientific theory includes statements
that have observational consequences. A good theory, has unity, which means it consists of
a limited number of problem-solving strategies that can be applied to a wide range of
scientific circumstances. Another feature of a good theory is that it formed from a number
of hypotheses that can be tested independently (Alian Bradford, 2015).
According to Terry Eastwood the word “the theory comes from the Greek theoria and
more directly in modern use from the Latin teoria, meaning a looking at, viewing,
contemplation, or speculation. In English, the word came to mean mental view or
contemplation from as early as the sixteenth century. This sense of the word was captured
by Norris writing in 1710 to the effect that “speculative knowledge contemplates. Truth for
itself, and accordingly stops and rest in contemplation of it, which is what we commonly
call theory” (Terry Eastwood, 2016, p.122-123).
In word web dictionary, theory including three meanings: (1) A well – substantiated
explanation of some aspect of the natural world; an organized system of accepted
knowledge that applies in a variety of circumstances to explain a specific set of phenomena;

(2) A tentative insight into the natural world; a concept that is not yet verified but that if
true would explain certain facts or phenomena; (3) A belief that can guide behavior
().
Concerning the term "theory" with the term "theoretician" and "theorist" means the
theory or theorist, founder of the theory. The verb "theorise" or "theorize" that created the
theory, construction, forming the theory of a particular discipline. In addition, it also means
reasoning. Adjectives "theoritical" or "theoritic" means theoretical (Princeton University
2006). Vu Cao Dam in the book “Methodology of scientific research” assumes that theory
system is a criterion of scientific discipline. The theory is scientific knowledge systems
including concepts, categories, rules (Vu Cao Dam, 1999, p.19).
Vietnamese Dictionary of Language Studies Institute (Edited by Hoang Phe), the word
"theory" is the term for the following three possible interpretations: the first, old and rarely
used in the sense of "theory" as "reasoning"; the second, the theory of theoretical
knowledge (say generalizations), contrary to the practice; The third, theoretical
constructions of intellectual systematic, hypothesis nature, synthesized to explain a certain
91