|
In January 2023, Indonesia passed Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law), granting the Financial Services Authority ("OJK") the authority to regulate and oversee financial services activities in the carbon exchange sector. Subsequently, OJK issued OJK Regulation No. 14 of 2023 on Carbon Trading through Carbon Exchange ("OJK Regulation"), providing guidelines for carbon exchange operators and participants. The Indonesia Stock Exchange ("IDX") was later approved as the operator of the carbon exchange, allowing businesses to commence trading in carbon units. On 26 September 2023, President Joko Widodo officially launched the carbon exchange.
The OJK Regulation defines carbon units as proof of ownership of carbon in the form of certificates or approvals, recorded in the National Registry System for Climate Change Control (SRN PPI). Carbon units can be traded directly between parties or through the carbon exchange, with IDX being the current operator. Foreign carbon units must meet certain requirements for trading on foreign carbon exchanges. OJK's role in carbon trading includes regulating, licensing, supervising, and assessing the competence of individuals involved in carbon exchange operations. In addition, OJK may impose sanctions for violations. These efforts aim to establish an accountable market mechanism to meet emission reduction targets, though challenges such as preventing double selling of retired carbon units and integrating with offshore registries and exchanges remain. Future regulations may be needed for carbon trading through private placement, as OJK's mandate is limited to carbon trading through the exchange.
For more information, click here to read our Legal Update.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
|
|
Assegaf Hamzah & Partners Jakarta Office Level 36 & 37, Capital Place Jalan Jenderal Gatot Subroto Kav 18 Jakarta 12710, Indonesia
Surabaya Office Pakuwon Center, Superblok Tunjungan City Lantai 11, Unit 08 Jalan Embong Malang No. 1, 3, 5, Surabaya 60261, Indonesia http://id.rajahtannasia.com
Contacts: Bono Daru AdjiSenior PartnerD +62 21 2555 7800 F +62 21 2555 7899 bono.adji@ahp.co.idAhmad Fikri AssegafSenior Partner/Co-FounderD +62 21 2555 7800 F +62 21 2555 7899 ahmad.assegaf@ahp.co.idChandra M HamzahPartnerD +62 21 2555 7800 F +62 21 2555 7899 chandra.hamzah@ahp.co.idEri HertiawanPartnerD +62 21 2555 7800 F +62 21 2555 7899 eri.hertiawan@ahp.co.idIbrahim Sjarief AssegafManaging PartnerD +62 21 2555 7800 F +62 21 2555 7899 ibrahim.assegaf@ahp.co.id Rajah & Tann Singapore LLPContacts: Hamidul HaqPartnerD +65 62320398hamidul.haq@rajahtann.comRajah & Tann Asia is a network of legal practices based in Asia. | Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client. | This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
|
|