Civil Remedies for Environmental Damage: Exploring the Effectiveness of Carbon Trading as a Tool for Restoration in Indonesia

This paper discusses the effectiveness of carbon trading as a civil remedy for environmental damage in Indonesia through a juridical normative analysis. The research explores Indonesia's legal framework governing carbon trading, its implementation, and its alignment with principles such as "polluter pays" and sustainable development. The key findings profile the potential of carbon trading in financing environmental restoration, for example, reforestation and peatland rehabilitation, but are faced by challenges such as regulatory gaps, low institutional capacity, and issues of transparency. This study calls for integration of legislative reforms, increased oversight, and coordination from all stakeholders toward the best implementation of carbon trading for environmental degradation. Coupling carbon trading with civil liability mechanisms is advanced here as a means to enhance accountability and restoration outcomes.

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Publication Details

Journal
The Easta Journal Law and Human Rights
Published
2025-02-28
DOI
https://doi.org/10.58812/eslhr.v3i02.436
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Civil Remedies for Environmental Damage: Exploring the Effectiveness of Carbon Trading as a Tool for Restoration in Indonesia

Budi Endarto, Joice Soraya, Siti Munawaroh, Haryono Haryono et al.
The Easta Journal Law and Human Rights
Indonesian Legal and Regulatory Studies
article

Civil Remedies for Environmental Damage: Exploring the Effectiveness of Carbon Trading as a Tool for Restoration in Indonesia

Budi Endarto, Joice Soraya, Siti Munawaroh, Haryono Haryono, Diah Ayu Rahmawati
article en

Abstract

This paper discusses the effectiveness of carbon trading as a civil remedy for environmental damage in Indonesia through a juridical normative analysis. The research explores Indonesia's legal framework governing carbon trading, its implementation, and its alignment with principles such as "polluter pays" and sustainable development. The key findings profile the potential of carbon trading in financing environmental restoration, for example, reforestation and peatland rehabilitation, but are faced by challenges such as regulatory gaps, low institutional capacity, and issues of transparency. This study calls for integration of legislative reforms, increased oversight, and coordination from all stakeholders toward the best implementation of carbon trading for environmental degradation. Coupling carbon trading with civil liability mechanisms is advanced here as a means to enhance accountability and restoration outcomes.

The Easta Journal Law and Human RightsVol. 3(02)
Universitas Wijaya Putra (ID), Universitas Bhayangkara Surabaya (ID), Universitas Wisnuwardhana Malang (ID)
Openalex Percentile: Top 95%
Indonesian Legal and Regulatory Studies
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