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Irmayani Sitorus
Sekolah Tinggi Agama Islam Panca Budi Perdagangan
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Pelaku Hukum Ekonomi dan Organisasi dalam Hukum Bisnis dan Dagang Syariah Rizkita Ayu` Putri; Chindy Kurnia Ningsih; Irmayani Sitorus
Hijaz: Jurnal Ilmu-Ilmu Keislaman Vol. 5 No. 3 (2026)
Publisher : Medan Resource Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57251/hij.v5i3.2160

Abstract

This study examines the role of economic law actors and business organizations in Indonesia within the framework of national business law and Islamic business and commercial law. The research aims to analyze the legal position, rights, obligations, and responsibilities of various business entities while evaluating their relevance to the development of the digital economy and their compatibility with sharia principles. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. Data were collected through an extensive review of legislation, legal doctrines, scholarly publications, and other relevant legal sources concerning business organizations and Islamic commercial law. The findings indicate that Limited Liability Companies (PT) remain the dominant form of business organization because they provide legal certainty, separate legal personality, and limited liability protection for shareholders. Nevertheless, the rapid growth of digital platforms, technology-based enterprises, and innovative business models has created legal challenges that require more adaptive regulatory frameworks. From the perspective of Islamic business and commercial law, business organizations are considered legitimate provided that their activities comply with the principles of justice, transparency, accountability, mutual consent, and lawful transactions while avoiding prohibited elements such as riba, gharar, and maysir. The novelty of this study lies in integrating the analysis of economic law actors and modern business organizations with Islamic legal principles to provide a more comprehensive perspective on contemporary business regulation in Indonesia. The study concludes that harmonization between national economic law and sharia principles is essential for creating a sustainable, ethical, and legally certain business environment that supports long-term economic development.
Perlindungan Kepentingan Umum dalam Hukum Persaingan Usaha di Indonesia: Analisis Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat Damar Fattan Rohim; Siti Zahara; Irmayani Sitorus
Polyscopia Vol. 3 No. 3 (2026)
Publisher : Medan Resource Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57251/polyscopia.v3i3.2155

Abstract

This study examines how public interests are protected under Indonesia’s competition law framework, with particular emphasis on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The research addresses the extent to which the existing legal framework effectively safeguards public interests by analyzing the philosophical foundations of competition law, its underlying principles and objectives, the legal classification of unfair business practices, and the enforcement mechanism implemented by the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha—KPPU). Employing a normative juridical approach, the study analyzes primary legal materials, including statutory regulations, together with secondary legal sources comprising scholarly literature and relevant legal doctrines. The findings demonstrate that Indonesian competition law serves not only as an instrument for promoting fair competition and economic efficiency but also as a mechanism for protecting consumers and preserving the public interest against monopolistic practices and unfair market conduct. Nevertheless, enforcement remains constrained by institutional limitations, regulatory fragmentation, and inconsistencies in the application of sanctions. The study concludes that strengthening institutional coordination, harmonizing sectoral regulations, and enhancing the effectiveness of enforcement mechanisms are essential to ensuring greater legal certainty, equitable market competition, and sustainable protection of the public interest.
Perlindungan Kepentingan Umum Melalui Hukum Perlindungan Konsumen di Indonesia Ardiansyah; Bilqis Firyal Nabila; Syahril Ramadhan Sitorus; Irmayani Sitorus
Polyscopia Vol. 3 No. 3 (2026)
Publisher : Medan Resource Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57251/polyscopia.v3i3.2156

Abstract

This study examines the legal framework of consumer protection in Indonesia as an instrument for safeguarding public interests under Law Number 8 of 1999 concerning Consumer Protection. The research addresses how the existing legal framework protects consumer rights, regulates the obligations and liabilities of business actors, governs standard clauses, strengthens the institutional roles of the National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional—BPKN) and consumer organizations, and facilitates consumer dispute resolution. Employing a normative juridical approach with statutory and conceptual analyses, the study relies on primary and secondary legal materials to evaluate the coherence and effectiveness of Indonesia’s consumer protection regime. The findings indicate that, despite the existence of a comprehensive regulatory framework, its implementation remains constrained by weak regulatory enforcement, limited institutional capacity, low levels of consumer legal awareness, and inadequate accessibility to dispute resolution mechanisms, particularly within the rapidly expanding digital economy. The study argues that strengthening institutional coordination, reforming the regulation of standard clauses, and integrating consumer protection principles into digital platform governance are essential to ensuring effective legal protection and promoting a fair, accountable, and sustainable marketplace that advances the public interest.
Co-Authors Ardiansyah Bilqis Firyal Nabila Chindy Kurnia Ningsih Damar Fattan Rohim Rizkita Ayu` Putri Siti Zahara Syahril Ramadhan Sitorus