Analisis Yuridis Integrasi ESG dalam Hukum Indonesia: Regulasi, Pertanggungjawaban, dan Penegakan

Abstract

Environmental, Social, and Governance (ESG) has become part of corporate sustainability requirements, yet
Indonesian law regulates its elements through several separate legal regimes. This study examines ESG
regulation under Indonesian positive law, forms of corporate liability related to ESG, and key enforcement
problems. It applies normative legal research with a prescriptive-analytical character using statutory,
conceptual, and case approaches; a limited comparative approach is used only as supporting reference.
Primary legal materials include the 1945 Constitution, the Environmental Protection and Management Law
and its implementing regulations, the Company Law, Investment Law, Consumer Protection Law, the
Financial Sector Development and Strengthening Law, OJK Regulations No. 51/2017 and No. 17/2023,
Supreme Court Regulation No. 1/2023, and relevant court decisions. Secondary legal materials consist of
scholarly articles and legal literature. The materials are collected through library research and analyzed
qualitatively through legal interpretation and vertical-horizontal legal synchronization. The study finds that
ESG-related obligations already exist but are not yet organized within a uniform legal framework. The
environmental pillar has the clearest obligations and sanctions, while social, governance, disclosure,
assurance, and greenwashing rules remain dispersed. Regulatory harmonization, clearer regulated-subject
coverage, and coordinated enforcement are therefore necessary to strengthen legal certainty and corporate
accountability.