STATE RESPONSIBILITY IN CONTROLLING CLIMATE CHANGE THROUGH CARBON ECONOMIC VALUE

Abstract

The issue of climate change necessitates active state participation in
mitigating greenhouse gas (GHG) emissions through the adoption of
equitable and sustainable policies. This study seeks to examine the
nature of state responsibility in climate change mitigation in
Indonesia, with a particular focus on the implementation of Carbon
Economic Value (NEK) as delineated in Presidential Regulation No.
98 of 2021. This research constitutes a prescriptive normative legal
study, employing a legislative approach. The findings indicate that
the regulatory framework for Carbon Economic Value (NEK)
provides a foundational structure for NEK as an environmental
economic instrument to facilitate the attainment of Nationally
Determined Contributions (NDCs) through various mechanisms.
Nonetheless, this framework exhibits several deficiencies, including
the legal status of carbon units, the mechanism for state
accountability, and inadequate protection for indigenous peoples
and local communities. Consequently, the researchers advocate for
the government to fortify the legal foundation of NEC by formulating
more detailed and integrated technical regulations and, in the long
term, to consider the development of specific legislation on carbon
economic value. These measures are anticipated to enhance the
efficacy of NEC, ensure legal certainty, and achieve ecological justice
for both present and future generations.