ACTIO Newsletter
Dear Readers,
As February comes to an end, we are excited about the opportunities and challenges that March will bring. We are thrilled to announce that Anggraeni and Partners have joined IR Global, the world's largest exclusive network of advisory firms, as the exclusive Commercial Arbitration member in Indonesia. Our specialized dispute resolution firm takes a multidimensional approach to provide clients with top-notch legal services that meet their unique needs. We have a team of experienced legal professionals who are well-positioned to manage the pre-emption, prevention, mitigation, and resolution of legal issues.
In addition to our exciting news, we would like to share our perspective on the importance of laying a strong groundwork for any transaction and staying up-to-date with regulatory developments to manage the risk of legal disputes. We also take a global view of dispute management, encompassing a series of prudent actions beyond resolution.
We hope that our insights on legal dispute resolution can assist you in navigating the complex legal landscape more effectively. We appreciate your feedback on our newsletter and welcome any suggestions for topics and discussions to be featured in our next edition
Best regards, Anggraeni and Partners
News
IR Global ?Welcomes Anggraeni and Partners as Exclusive Commercial Arbitration Member in Indonesia?
IR Global, the world's largest exclusive network of advisory firms, is thrilled to announce that Anggraeni and Partners have joined as our exclusive Commercial Arbitration member in Indonesia. The addition of Anggraeni and Partners to our global network further strengthens our capacity to provide clients with the highest quality legal services in the region.?
Anggraeni and Partners is a specialized dispute resolution firm that takes a multidimensional approach to provide services that cover foreseeing possible issues and managing the pre-emption, prevention, mitigation, and resolution of legal issues. With a team of experienced legal professionals, Anggraeni and Partners are well-positioned to provide clients with top-notch legal services that meet their unique needs.?
At Anggraeni and Partners, we take a global view of dispute management, encompassing a series of prudent actions beyond resolution. This means laying down a strong groundwork for any transaction and staying up to date with regulatory developments to safeguard and manage the risk of legal disputes. In the event of an unfortunate legal dispute, we do not shy away from representing your interests to the full extent of the law through professional, accurate, timely, and common-sense advice that combines our Indonesian heritage and international attitude, outlook, and efficiency.?
We are delighted to be part of the IR Global network and look forward to collaborating with fellow members to provide the highest quality legal services to clients in Indonesia and around the world.?
To learn more about our firm, please visit our firm page here.?
Corporate Accountability in Climate Litigation: Empowering Indigenous People in Indonesia - Climate Litigation in the Global South - The Sabin Center for Climate Change Law,? Columbia Law School?
Indigenous peoples in Indonesia have a close and inextricable connection with the environment, playing a critical role in preserving and protecting it. Despite this, these communities still face the adverse impacts of environmental degradation and climate change. To address this challenge, our research associate, Fildza Nabila Avianti, along with her colleagues Fachry Hasani Habib and Gita Armarosa Putri Sembiring, started research and co-wrote a paper titled "Corporate Accountability in Climate Litigation: Empowering Indigenous People in Indonesia." The paper was selected to be presented at the Climate Litigation in the Global South event hosted by The Sabin Center for Climate Change Law at Columbia Law School.?
The paper delves into the position of indigenous peoples in environmental and climate litigation in Indonesia, with a specific focus on holding corporations accountable for their business practices. The authors found that the current regulatory framework in Indonesia does not empower indigenous peoples in protecting their rights, particularly with regard to environmental protection and climate change. The recent Job Creation Law has eliminated the concept of strict liability and the criminal sanctions related to the environment are vague and inconsistent, making it difficult for indigenous peoples to assert their rights.??
The Sabin Center for Climate Change Law at Columbia Law School and The Global Network for Human Rights and the Environment are proud to present this significant research. The event was held on 26-27 January 2023 and featured 17 abstracts from authors around the world.??
The Sabin Center for Climate Change Law is dedicated to developing legal strategies to combat climate change, training law students and lawyers in their implementation, and providing the public with up-to-date resources on key topics in climate law and regulation.? Click here to know more??
The Global Network for Human Rights and the Environment is a global network of thinkers, researchers, policymakers, opinion leaders, and community activists, who work together to create new conversations and relationships. Click here to know more??
?Join the conversation and learn about the steps we can take to empower indigenous peoples and protect the environment for future generations. Learn more
ACTIO Insight
Indonesia Legal Policy to Support the Transition to? Renewable Energy: A Brief Perspective on the Implementation Plan of Carbon Capture Storage in Indonesia?
Indonesia is aiming to reduce greenhouse gas emissions, and one way to achieve this goal is through Carbon Capture and Storage (CCS) technology. This technology involves capturing CO2 emissions from industrial plants, compressing them, and storing them in rock formations. Currently, there are 15 CCS/Carbon Capture Utilization Storage activities in Indonesia that are still in the study/preparation stage, but most of them are expected to be operational by 2030. The government has drafted regulations involving various stakeholders to encourage the use of CCS in oil and gas business operations, and it is anticipated that these regulations will be finalized soon. To support the reduction of carbon emissions, PT Pertamina (Persero) will work on six CCS/CCUS projects in the decarbonization step. Presidential Regulation No. 98 of 2021 concerning the Economic Value of Carbon regulates the carbon market and provides several carbon trading mechanisms, including carbon offsets and storage of carbon reserves.?Click here to learn more
领英推荐
THE CII IN BRIEF: INDONESIA’S PERSPECTIVE?
The International Maritime Organization (IMO) has implemented two new measures, including the Carbon Intensity Indicator (CII) to tackle climate change. CII is an operational measure of how efficiently a ship transports goods or passengers measured by grams of CO2 emitted by cargo-carrying capacity and nautical miles. The measure is applicable to vessels of 5,000 GT and above, with the certification issued annually based on the previous year's performance. The attained annual operational CII will be based on IMO-DCS, and the emissions report shall include the Annual Emissions Ratio or capacity gross ton Distance. The CII will work alongside the Ship Energy Efficiency Management Plan required by Marpol Annex VI. The CII rating ranges from A to E, with A being the most environmentally friendly and E the highest polluter. The most crucial implication of the CII for shipowners is that they will need to perform better each year to maintain a preferred rating.?Click here to learn more
10 Things You Need to Know About Having Your Arbitration Seat in Indonesia?
When it comes to determining the seat of arbitration involving Indonesian parties, the choice can often be contentious. The article addresses some of the most common concerns and implications of having arbitration seated in Indonesia, including the applicability of the Indonesian Arbitration Law, the limited role of domestic courts, the usage of the Indonesian language, and the requirements for an arbitral award.?
One of the key takeaways from the article is the importance of having a solid arbitration agreement in place, which is a requirement under the Indonesian Arbitration Law. Additionally, the article explains how a valid arbitration agreement can exclude the parties' right to resolve their dispute in the district court, and how the district court has a limited role in domestic ad hoc arbitrations.?
We encourage you to read the full article to gain a deeper understanding of the nuances involved in having your arbitration seat in Indonesia. Whether you are a legal professional, a business owner, or simply interested in the topic of alternative dispute resolution, this article provides valuable insights that you won't want to miss.?Click here for full article
Addressing Child Sexual Abuse Material: An Indonesian Government Intervention through Action, Education, and Investments?
The recent report by the United Nations International Children’s Emergency Fund (UNICEF) sheds light on the harrowing reality that many Indonesian children are facing - with nearly 2% of children who use the internet experiencing blatant instances of OCSEA.?
The fact that over 56% of these cases are unreported is a cause for concern. Sexual violence against children is a pervasive but often hidden problem, and the stigma and taboo surrounding it only make it more challenging for children to seek help and speak out regarding their experiences.?
As a global community, we need to take action to address this issue. The enactment of the Sexual Violence Bill (RUU TPKS) in Indonesia is a step in the right direction, but we need to do more. We need to work towards creating practical, obligatory rules for filtering, removing, and blocking all OCSEA materials, and consult with internet service providers, law enforcement, privacy specialists, and technology companies to achieve this.?
We also need to allocate sufficient financial and human resources to all relevant institutions and units for all actions, including improving data collection and monitoring mechanisms, enhancing mechanisms for helplines and formal reporting of OCSEA by children and adults, and providing victims of OCSEA with access to child-friendly support services and justice.?
Let's work towards achieving SDG target 5.2 and ending all forms of violence against women and girls, including online gender-based violence, in Indonesia and beyond. Together, we can make a difference and protect our children.
So let's read the full article in the link provided and take action today!?
DISCLAIMER?
The information contained in this Legal Insight is not intended to provide legal opinion or views of the Anggraeni and Partners law offices against a particular legal issue.?
Neither party may assume that he or she should act or cease to act or choose to act on a particular matter based on this information without seeking advice from professionals in the field of law in accordance with certain facts and circumstances it faces.?
For further information, please contact:?
P: 6221. 7278 7678, 72795001?
H: +62 811 8800 427?
If you have inquiry, please email to: [email protected]???