Kedudukan dan Akibat Hukum Transaksi Offset Emisi GRK Tidak Dicatatkan dalam SRUK

Carbon trading requires registration to ensure traceability, certainty of carbon-unit status, and integrity in emission-reduction accounting. A legal issue arises when a Greenhouse Gas Emission Offset transaction is not recorded in the Carbon Unit Registry System (SRUK), because Regulation of the Minister of Environment/Head of the Environmental Control Agency No. 10 of 2026 declares transactions not recorded within the prescribed period invalid and unrecognized for NDC fulfilment. This study examines the legal status and consequences of unregistered offset transactions by distinguishing private-law validity, regulatory validity and recognition, and eligibility for NDC fulfilment. It uses normative legal research with statutory, conceptual, and comparative approaches, analysing primary legal materials and literature on carbon credits, ownership, transfer, registries, accounting, and double counting. The findings show that Article 32 of Regulation No. 10 of 2026 establishes two consequences: the transaction is declared invalid and is not recognized for NDC fulfilment. However, this does not automatically mean that the underlying private agreement is null, because the requirements of contractual validity under Article 1320 and the binding force of agreements under Article 1338 of the Indonesian Civil Code are distinct questions. Article 31(4), which requires evidence of transfer or a valid rights-transfer agreement, reinforces the distinction between the private-law instrument and the registration obligation. Accordingly, the consequences should be assessed at three levels: private-law validity, regulatory validity and recognition, and eligibility for NDC accounting.