Indonesia is well known as a culturally plural nation composed of diverse ethnic groups, cultures and legal regulations. Although positive law has been in place since the country’s independence, local and customary legal systems are still very much active on the ground, and sometimes overlap with positive law. As a result, investors should understand the legal and social characteristics of the area where investment is proposed, in order to better anticipate conflict in the future and invest in ways that bring benefits to local communities.
We provide in-field social and legal assessment services which can bring out important recommendations and feedback regarding land-based investments in Indonesia.
In 2011, the United Nations through the United Nations Office of the High Commissioner on Human Rights (UNOHCHR) adopted the soft lawframework of the ‘UN Guiding Principles on Business and Human Rights’. Recent plenary sessions of the UN have demonstrated a growing eagerness in strengthening these Principles of Business and Human Rights as mandatory legal regulations for companies. Several such companies concerned by sustainability feel it important that these human rights elements be incorporated in all private sector operational aspects.
We provide services such as trainings, assessments, program design, and toolkit/support design for companies committed to these human rights principles.
Over the last fifteen years, sustainability has become a key concern for companies whose operations pertain to land and natural resources. A growingly conscious market is now demanding products that abide by sustainability standards and legal requirements of various forms, including the Forest Stewardship Council (FSC) and Ministry of Forestry Regulations for the forestry sector, and the Principles and Criteria of the Roundtable on Sustainable Palm Oil (RSPO) and Indonesian Sustainable Palm Oil (ISPO) for the palm oil sector. The fulfilment of sustainability principles incorporates important social and legal elements.
We provide support in both social and legal issues to companies that wish to abide by such sustainability principles. We carry out studies, assessments, legal reviews, trainings, facilitation, conflict resolution, and road map design for social and legal issues as well as conflict resolution.
Implementing Corporate Social Responsibility is a legal obligation of companies based on Law No. 40 of 2007 on Limited Companies. However, the laudable objectives of CSR as a tool to benefit communities, often fail to be adequately achieved because these are not based on participatory program planning and do not take into due consideration the legal, social and environmental characteristics of the site in question, or the historical relations between the company and stakeholders on the ground.
This means that participatory integrated strategic planning is needed in order to implement CSR properly. We provide services of facilitation and design for such kinds of CSR.
Over the last decade, a significant of grant-based international financial support has been provided to Indonesian people, either through governmental organizations or non-governmental organizations. However, non-participatory grant planning and management has resulted in several of these funded projects failing to reach their intended objectives. To overcome this, we provide participatory assessment, research and strategic planning services, for donor project grants, which take account of needs, policy trends and literature pertinent to effective implementation.
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Indonesia has made commitments towards climate change mitigation and adaptation, which are being implemented through a range of government, private sector and donor-based projects and activities.
These programs and projects require an understanding of both legal and social issues. We provide services to this end in the form of legal and social reviews, visibility programs, and socio-legal activities, and publish literature related to this, as well as related to legal and policy reform.