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Jessica Esther Warouw
Faculty of Law, University of Indonesia, Indonesia

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Legal Certainty of Carbon Credits as FDI Objects: Indonesian Investment Normative Vacuum Jessica Esther Warouw
Journal of State Public Policy Vol. 1 No. 3 (2026): Journal of State Public Policy
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jspp.v1i3.405

Abstract

The green economic transition introduces carbon credits as foreign direct investment objects. However, the Indonesian investment law regime suffers from a severe normative vacuum due to the absence of carbon credit qualifications as intangible assets. This doctrinal research is operationalized utilizing statutory, conceptual, and comparative approaches to untangle this legal standing issue. The results demonstrate that the lack of property rights recognition over carbon assets triggers significant legal uncertainty for foreign investors. This condition creates high risks regarding indirect expropriation threats without compensation and severe ambiguity in cross-border capital repatriation procedures. The systemic implications of this regulatory dissonance directly place Indonesian jurisdiction in a vulnerable position against international arbitration dispute threats. Foreign tribunals possess potential to interpret these entities as legitimate protected assets. Conclusively, filling the legal vacuum through statutory requalification of carbon units as investment objects constitutes an absolute urgency to guarantee investment certainty while mitigating state jurisdictional losses.
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