Our Services
To achieve our vision of sustainable, prosperous, and just laws and policies, we carry out various activities, such as: 1) Research, 2) Assessment, 3) Training, 4) Advocacy, 5) Publication and Dissemination of Information, and 6) Policy Advocacy. These activities are manifested in our programs and services.
AsM Law Office provides consulting services to achieve its vision within the scope of the following activities:
Feasibility and Investment Risk Analysis
Indonesia is known as a plural nation, both in terms of ethnicity, culture, and legal rules. Although the country has developed a national positive law since its independence, local and customary laws continue to develop, apply, and often overlap with the positive law. Therefore, prior to any investment decision, an investor must know the existing laws and social configurations in the particular area to prevent future conflicts and to achieve investment that benefits the society.
Our services include assessment of social and legal situations on the ground that will provide important inputs regarding business feasibility as well as land-based Investment Risk Analysis in a particular place in Indonesia.
Implementation of "Corporate and Human Rights" Principles
In 2011, the United Nations through the Human Rights Council adopted an international soft law called “The UN Guiding Principles on Business and Human Rights”. Over time, UN sessions see an increasing urgency to turn these into a legal obligation for companies. Many companies with shared concerns on sustainability feel the importance of upholding human rights principles in all aspects of their operations.
Our services include the following:
- Training, Assessment, Program Design, Instrument Design, and assistance for companies in the process of human rights principles implementation.
- Making public commitment on human rights
- Human Rights Impact Analysis of Company Operations and Supply Chain
- Development of Human Rights-based Standard Operating Procedures.
- Development of Human Rights-based security system.
- Development of Human Rights-based complaint mechanism.
Development of Human Rights-based restitution mechanism.
Fulfillment of Corporate Sustainability Standards
In the last fifteen years, sustainability has become a major issue for land-based and resources-based companies. Smart markets demand products that meet sustainable principles set forth in various forms. Timber legality principles based on the market mechanism (FSC) or Indonesian law (Regulation of the Minister of Forestry) for the forestry sector, principles and criteria of the Roundtable on Sustainable Palm Oil (RSPO) and Indonesian Sustainable Palm Oil (ISPO), the Performance Standard of the International Finance Corporation (IFC)-World Bank and the principles of sustainable mining in the mining sector are among the examples.
We provide assistance on legal and social aspects in the form of the following services: study, assessment, legal studies, training, assistance, conflict resolution, roadmap design for legal and social aspects, as well as conflict resolution, specifically in the form of:
- Stakeholder Analysis and Management Strategy
- Implementation of the Performance Standard of the International Finance Corporation (IFC)-World Bank.
- Socio-economic Baseline Study and creation of
- Land Tenure Studies.
- Development of Standard Operating Procedures (SOP) for Land Acquisition based on Human Rights principles.
- Development of High Conservation Value (HCV) area management, especially HCV 5 and 6.
Implementation of Respect of the Rights of Indigenous Peoples Principles
Various international standards related to land and natural resources management, including efforts related to climate change (e.g., carbon trading) – both at the producing companies and financing institutions level – mandate respect of the rights of Indigenous Peoples. With regards to such requirements, we provide the following services:
- Development of Indigenous Peoples Development Plan.
- Development of Standard Operating Procedure (SOP), assistance and implementation of Free Prior and Informed Consent (FPIC).
Conflict
Resolution
Land- and area-based industries such as palm oil plantation, industrial timber plantation, logging, mining, and ecosystem restoration in Indonesia often face legal, social, and environmental problems. The legal-formal approach and positive law alone are often inadequate to solve these problems.
In the last ten years, Alternative Dispute Resolution (ADR) has flourished in the land-based industry sector. Negotiation and mediation have been developed as a medium to deal with conflicts on the ground. However, many obstacles remain in the conflict resolution process.
Based on this, we have developed a conflict facilitation process, which is a creative method in conflict resolution that combines the processes of capacity building, assistance, negotiation, and mediation, to reach an agreement between the conflicting parties.
Corporate Social Responsibility
Based on Law No. 40 of 2007 on Limited Liability Companies (PT/LLC), Corporate Social Responsibility (CSR) is a legal obligation of companies. However, the noble goal of CSR as a tool to improve the welfare of the community is often missed because the execution is not based on participatory program planning with consideration of the local legal, social, and environmental aspects, as well as history of relationship between the company and other stakeholders.
Therefore, an integrated, participatory strategic planning is required to develop relevant CSR programs. We provide services in facilitating and designing such participatory CSR programs.
Carbon Business
Set Up
Indonesia is committed to climate change mitigation and adaptation, which has currently been outlined in the form of a strategy document called Indonesia FOLU Net Sink 2030. Various activities and projects are carried out by the government, private sector and donors to realize this commitment.
These programs and projects require supportive legal construction and social situations. Related to that, we provide the following services:
- Legal and social studies, programs and projects feasibility from the legal and social aspects.
- Policy advocacy.
- Development of legal and social documents related to carbon storage, carbon sequestration, and carbon trading.
- Carbon Business Set up
Strategic Planning of Grant Programs
In the last ten years, Indonesia received many international grant-based projects for the people, both through government agencies and non-governmental organizations. However, grant planning that is not based on a participatory approach often ends up missing their various project targets. Therefore, we provide participatory assessment, research, and strategic planning to develop project plans that consider relevant needs, policy trends, and based on an analysis of the effective implementation space.
Conventional
Legal Services
We provide conventional legal services related to:
- Legal Study/Research and Mapping for matters that include, but not limited to, investment; which includes investment strategies – both directly and indirectly, Corporate Law, good governance for government agencies/institutions and good corporate governance for corporations from the legal side; in-depth review of legal agreements; due diligence and/or legal audit; developing formats of industrial relations and good collective labor agreements in corporations and/or legal entities; investigation of civil, criminal, and other cases.
- Handling cases before the courts (Litigation), such as, but not limited to, civil justice, criminal justice, justice at the Constitutional Court, administrative courts, industrial relations dispute courts, justice in Arbitration Bodies, Tax Courts, Religious Courts, Commercial Courts, Special Courts, Competition Courts, Military Judicial Business Competition and all other existing courts in accordance with the prevailing laws, both in Indonesia and abroad, as well as applications for court determination, confiscation, bail/conservatoire, beslag, bail, and so on.
- Legal consultation services, including; general, special, and specific criminal law; constitutional law; administrative law; tax law, labor/industrial relations law; business law or economic law in a broad sense; investment law (foreign and domestic investment); capital markets law; banking law; corporate law; land/agrarian law; property law; environmental law, financial law; coverage law; insurance law; maritime/marine law, intellectual property law (intellectual property rights including trademarks, patents, copyrights and industrial circuits); military law and others.