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All Journal Siyasah Dusturiyah: State Law Review Nusantara: Journal Law and Islamic Law
Sheilla Bintang Aerielisty
Faculty of Law, University of Indonesia, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Integrating ESG in Corporate Restructuring: Comparative Legal Frameworks of Indonesia and Singapore Sheilla Bintang Aerielisty
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i3.382

Abstract

This article comparatively analyzes the integration of Environmental, Social, and Governance (ESG) standards within corporate restructuring frameworks in Indonesia and Singapore. Driven by the global transition towards stakeholder capitalism, this study investigates how structural disparities in positive law and fiduciary duty doctrines dictate legal due diligence in mergers and acquisitions. Utilizing a comparative doctrinal methodology, the analysis applies stakeholder and legitimacy theories to evaluate the Indonesian Company Law and antitrust regulations against Singapore's mandatory reporting regime. The findings demonstrate that Indonesia's fragmented regulatory architecture and purely quantitative merger control mechanisms facilitate impression management, exposing acquiring entities to severe extraterritorial liabilities. Conversely, Singapore effectively mitigates these risks through institutionalized compliance and dynamic judicial interpretation. The research concludes that amending Indonesia's corporate law to mandate ESG due diligence and instituting a preliminary green antitrust evaluation are imperative to prevent greenwashing and ensure legal certainty in sustainable transnational business consolidation and corporate transactions.
Recalibrating International Investment Arbitration: The Green Constitution as an Ecological Justice Defense Sheilla Bintang Aerielisty
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/w0d9bw19

Abstract

Contemporary international investment law faces a structural legitimacy crisis due to the normative clash between foreign direct investment protection and global ecological sustainability imperatives. This research urgently addresses the regulatory chill phenomenon resulting from arbitration mechanisms that weaponize treaty protections against state climate mitigation policies. Employing doctrinal legal research, this study rigorously analyzes treaties, customary international law, and arbitral jurisprudence utilizing the Vienna Convention on the Law of Treaties. The findings demonstrate that domestic supreme law, conceptualized as the Green Constitution, serves as a proactive doctrinal defense. By establishing an implied incorporation clause, the Green Constitution redefines investors' legitimate expectations ab initio and fortifies state police powers. The research concludes that systemically integrating ecological constitutionalism into arbitration, mandated by Article 31(3)(c), recalibrates international economic law, effectively mitigating corporate lawfare and subordinating commercial expectations to the erga omnes obligations of global environmental justice within the modern foreign direct investment legal framework.
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