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Journal : SASI

Legal Aspects of the Capital Market Position and Benefits in Indonesia: A Comparative Study Suhardini, Eni Dasuki; Suharno, Rachmat; Owen, Reynald Sandi
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2939

Abstract

Introduction: Capital markets play a crucial role in the economic growth of many countries, including Indonesia and Malaysia. Capital markets raise funds and serve as investment instruments. Through various instruments, such as stocks, bonds, and mutual funds, investors need information to obtain a clear portfolio that makes them confident in investing their funds in Indonesia or Malaysia.Purposes of the Research: This study aimed to analyze the legal positions and benefits of capital markets in Indonesia and Malaysia.Methods of the Research: This study was legalistic, doctrinal, or normative, using a comparative law approach to compare the legal position and benefits of the capital market in Indonesia with Malaysia.Results of the Research: Capital markets are crucial in Indonesia's and Malaysia's economies. To protect market players, Indonesia issued Law Number 8 of 1995 on the Capital Market and related instruments, such as Law Number 4 of 2023 on Financial Sector Development and Strengthening and Law Number 21 of 2011 on the Financial Services Authority (OJK). Similarly, Malaysia issued the Capital Markets and Services Act of 2007 to provide legal certainty and increase investor confidence. The capital market significantly impacts economic growth in both countries, serving as a crucial component of the economic ecosystem by providing investment opportunities through corporate actions, such as initial public offerings, secondary share issuances, and bond offerings.
Policies for Combating Illegal Fishing Crimes in Indonesia: A Comparative Study Razak, Abdul Kamil; Suhardini, Eni Dasuki; Chalil, Sri Mulyati; Durahman, Dani
SASI Volume 31 Issue 3, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i3.3021

Abstract

Introduction: Indonesia is an archipelago with an area of 5.8 million square kilometers of marine area and has a tremendous amount of fisheries wealth. However, fisheries in Indonesian seas are often the target of illegal fishing from foreign fishermen. To address this problem, the government has issued various very progressive policies. However, illegal fishing crimes still occur frequently.Purposes of the Research: This research aims to discuss the eradication of illegal fishing crimes in Indonesia from the perspective of Indonesian positive law and Islamic law. This research analyzes several illegal fishing cases that have been decided by the court by applying the ship confiscation penalty as a form of progressive punishment in combating illegal fishing.Methods of the Research: This study used a normative method with a comparative approach between Indonesian positive law and Islamic law.Results of the Research: The results showed that the government made a policy by setting up Task Force 115 based on Presidential Regulation Number 115/2015 on the Illegal Fishing Eradication Task Force, which is authorized to prevent and take legal action against illegal fishing criminals. The government issued Law Number 45/2009 on Fisheries jo. Law Number 11 of 2020 on Job Creation (Fisheries Cluster) by applying criminal penalties and administrative penalties. In addition, the government implemented a policy of destroying fishing equipment and foreign fishing boats by submerging them to the ocean. Regarding Islamic law, the policy of combating crime (jarimah) of illegal fishing is also mandated to the government or ruler in a country (ulil amri) because jarimah illegal fishing was classified as jarimah ta`zir. Similarly, the regulation for illegal fishing crimes in which the regulation of law enforcement mechanisms and the types of penalties to be applied are fully determined by the ruler or the state.