Supriadi, Aditya Prastian, Mustafa Lutfi, Lutfi
ORCID: https://orcid.org/0000-0002-6406-1369 and Bahagiati, Kurniasih
(2025)
STRENGTHENING INDONESIA’S GREEN
INVESTMENT LAW:
Legal Reconceptualisation toward Net-Zero
Emissions under Green Constitution and Maslahah.
Jurisdictie: Jurnal Hukum dan Syariah, 16 (2).
pp. 417-457.
ISSN 2086-7549
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Abstract
Indonesia’s green investment legal framework continues to exhibit substantive and institutional deficiencies, directly impeding the achievement of Net Zero Emissions targets and the broader national sustainable development agenda. This study employs a normative legal research method, utilising conceptual and statutory approaches, reinforced by doctrinal analysis of Green Constitution principles, the Islamic legal doctrine of maslahah, and Indonesia’s green investment and environmental governance policies. The findings reveal that the green investment legal framework has not ensured legal certainty, effective enforcement, or measurable environmental benefits due to regulatory fragmentation, weak integration of Environmental, Social, and Governance principles, and the absence of operationalisation of maslahah as a foundation for public policy; consequently, a reformulation of the legal paradigm is required, emphasising transparency, institutional accountability, and risk-based regulatory approaches to strengthen environmental protection and climate justice, support the achievement of Sustainable Development Goal 13, enhance cross-sectoral green investment instruments, improve inter-institutional coordination, and align national policies with commitments under the Paris Agreement and the global sustainable development agenda in a consistent, measurable, adaptive, and socio-ecologically just manner. This research helps formulate a more climate-responsive and public welfare-oriented green investment legal model as a foundational framework for sustainable environmental policy-making in Indonesia, with implications for global environmental sustainability.
| Item Type: | Journal Article |
|---|---|
| Keywords: | Green Investment Law; Green Constitution; Maslahah; Net Zero Emission |
| Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law |
| Divisions: | Faculty of Sharia and Law > Department of Islamic Constitutional Law |
| Depositing User: | Mustafa Lutfi |
| Date Deposited: | 16 Jul 2026 09:52 |
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