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All Journal Honeste Vivere
Deni Firwandi
PT. Generasi Cerah Abadi, Indonesia

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URGENSI PEMBARUAN REGULASI KETERBUKAAN INFORMASI EMITEN DI PASAR MODAL INDONESIA DALAM MENGHADAPI TANTANGAN TATA KELOLA PERUSAHAAN BERBASIS ESG Kadek Jaya Kusumantara; Paltiada Saragi; Monaliza Kalalembang; Deni Firwandi; Huske Dwi Gustian; Poltak Maruli Immanuel; Adolf Fictor
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.701

Abstract

The rapid advancement of Environmental, Social, and Governance (ESG) standards has fundamentally shifted the paradigm of information disclosure across global capital markets, elevating sustainability into a core pillar of market integrity. However, Indonesia’s issuer disclosure regime—governed primarily by Law No. 8 of 1995 on Capital Markets and Financial Services Authority (OJK) Regulation No. 31/POJK.04/2015—remains focused on conventional financial metrics and lacks explicit obligations for ESG disclosures aligned with the ISSB’s IFRS S1 and IFRS S2 standards. This regulatory dissonance creates legal uncertainty and heightens the risk of corporate greenwashing. To address these vulnerabilities, this study critically evaluates the normative gaps separating national capital market regulations from emerging global sustainability benchmarks. Ultimately, it proposes a comprehensive regulatory reform model designed to systematically integrate mandatory ESG disclosure frameworks, thereby enhancing transparency, issuer accountability, and overall financial ecosystem resilience in Indonesia.
TANGGUNG JAWAB HUKUM EMITEN ATAS KETERBUKAAN INFORMASI DALAM PENAWARAN UMUM BERBASIS TEKNOLOGI DIGITAL DI PASAR MODAL INDONESIA Adolf Fictor; Paltiada Saragi; Kadek Jaya Kusumantara; Deni Firwandi; Huske Dwi Gustian; Poltak Maruli Immanuel; Monaliza Kalalembang
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.706

Abstract

The development of digitalization in capital market activities has transformed the public offering mechanism from a conventional pattern to an electronic system that relies on the rapid, broad, and integrated delivery of information. This condition has given rise to the need for certainty regarding issuers’ legal responsibilities in fulfilling the principle of information disclosure to potential investors. This study discusses how issuers’ legal responsibilities for information disclosure in digital technology-based public offerings are regulated and the forms of accountability that can be imposed in the event of a violation of this obligation. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach through a review of primary and secondary legal materials, as well as relevant literature. The results show that issuers’ information disclosure obligations are regulated by Law Number 8 of 1995 concerning Capital Markets and the Financial Services Authority regulations governing public offerings and the delivery of information through electronic means. Issuers are required to provide information that is true, complete, accurate, and not misleading. If information is not provided in accordance with the provisions of this Act, the issuer may be held civilly liable, subject to administrative sanctions, and potentially face criminal consequences in accordance with applicable regulations. The findings also show that the use of digital platforms increases the efficiency of information access but also increases the risk of errors, delays, and electronic data manipulation. It is concluded that consistent implementation of the principle of information transparency is a crucial element in protecting investors, maintaining market integrity, and strengthening public trust in the digital capital market ecosystem in Indonesia.