Diana Tantri Cahyaningsih
Faculty of Law Universitas Sebelas Maret

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Formulation of Legal and Regulatory Models of Carbon Units as Collateral Objects in Indonesia Diana Tantri Cahyaningsih; Dona Budi Kharisma; Alisha Vinia Alethea Majid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6837

Abstract

The rise in GHG emissions has driven countries, including Indonesia, to commit to Net Zero Emissions through the 2015 Paris Agreement. One of Indonesia’s efforts is limiting carbon emissions via carbon trading. The traded object, carbon units, are categorized as securities with economic value, presenting an opportunity to use them as collateral. However, theres is no clear regulation governing this. This normative legal research uses statute and conceptual approaches, with primary and secondary legalmaterials on collateral law. The study aims to propose regulatory recommendations to enable the use of carbon units as collateral in Indonesia. The findings suggest that fiduciary is the most suitable binding meyhod, as it does not require physical delivery and allows execution through private sale under Article 31 of Indonesia Fiduciary Law. The lack of a valuation institution can be addressed by optimizing collaboration between public appraisers, like KJPP and GHG Validation and Verification instituions (LV/V GRK).
INTELECTUAL PROPERTY RIGHTS IN THEORY OF ECONOMICS ANALYSIS OF LAW PERSPECTIVE AL Sentot Sudarwanto; Adi Sulistiyono; M. Hudi Asrori S; Arief Suryono; Yudho Taruno Muryanto; Diana Tantri Cahyaningsih; Dona Budi Kharisma
Jurnal Privat Law Vol 11, No 2 (2023): JULI - DESEMBER
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v11i2.77462

Abstract

This article aims to describe the relevance of the protection of intellectual property rights (IPR) in the perspective of the theory of economic analysis of law. The approach used is a historical approach (historical approach) using primary legal materials and secondary legal materials. The data collection technique used is the literature study technique. Based on the research results, it can be concluded that so far the focus of traditional economic analysts has only highlighted that inventors or holders of exclusive IPR are entitled to incentives or rewards for their findings. Apart from that, giving incentives is also to encourage people to make discoveries that are beneficial to human life. However, they did not highlight the high cost of accessing or using their findings. Even the cost of accessing IP exceeds the cost of the production margin of IP itself. In the perspective of the theory of economic analysis of law, the condition of unbalanced margins can cause injustice.