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Civil Law in Market Governance: Legal Instruments, Economic Policy, and State Power Shohib Muslim
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mdad4f26

Abstract

Modern market governance is no longer shaped solely by free market mechanisms but increasingly relies on state intervention through legally institutionalized economic policies. In this context, civil law—particularly through contracts, property rights, and civil liability—has become a strategic instrument for directing market behavior. This development generates normative ambiguity in positive law concerning the boundary between civil law as private law and as a tool of market governance, the legitimacy of using private law instruments to implement economic policy, and the relationship between freedom of contract and public interest–based economic regulation. Employing normative legal research with statute, conceptual, and case approaches, this article examines the role of civil law in market governance and the juridical implications of state intervention through private law instruments. The analysis demonstrates that unstructured instrumentalization of civil law undermines legal certainty and private autonomy while obscuring the limits of state power. This article argues for a normative reconstruction that positions civil law as a limited instrument of economic policy, grounded in conditional private autonomy, proportionality, and accountability, in order to balance economic efficiency, legal certainty, and social justice within market regulation.
Civil Law and Social Inequality: A Politics of Legal Protection Perspective Shohib Muslim
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5x64ag20

Abstract

Civil law is normatively constructed on the assumption of formal equality among legal subjects. In social reality, however, civil law relations frequently operate within conditions of structural inequality arising from disparities in economic power, access to information, and bargaining position. The state responds to such inequalities through regulatory interventions framed as legal protection. This article examines the role of civil law in addressing social inequality from a legal protection politics perspective. Employing normative legal research with statute, conceptual, and case approaches, this study identifies normative ambiguity in civil law concerning the criteria for identifying protected weak parties, the boundary between legal protection and restrictions on private autonomy, and inconsistencies between the Civil Code and social-economic protection legislation. The findings demonstrate that such ambiguity renders civil law protection selective and often ineffective in correcting social inequality. This article argues for a normative reconstruction that positions civil law as a constitutional instrument for correcting social inequality, treating private autonomy as a conditional principle subject to substantive and distributive justice considerations.
Customary Court Authority in Resolving Minor Violations: A National Legal Perspective Shohib Muslim
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/twwm4p94

Abstract

This study analyzes the authority of customary courts in resolving minor violations within Indonesia’s national criminal law framework using a normative juridical approach. Findings show that customary courts apply restorative justice through reconciliation, apology rituals, and compensation based on community deliberation, resulting in higher conflict resolution effectiveness and reduced recidivism. However, the national legal system places customary authority in a subordinate position because customary settlements are considered valid only when aligned with state law and approved by law enforcement actors. This creates structural asymmetry where customary mechanisms are culturally successful but legally constrained. The study concludes that harmonization is necessary by granting customary courts primary jurisdiction over minor violations while ensuring procedural safeguards and supervisory oversight from state courts. Such integration would reduce courtroom congestion, strengthen access to justice, and preserve cultural identity within national criminal law development.   
PENDAMPINGAN PENGURUSAN IZIN PIRT UMKM JAMU WR9 DI DESA WRINGINSONGO KECAMATAN TUMPANG KABUPATEN MALANG : - Hudriyah Mundzir; Khrisna Hadiwinata; Shohib Muslim; Muhammad Akhlis Rizza; Mohammad Abdullah Anshori; Muhammad Nanak Zakaria
Jurnal Pengabdian kepada Masyarakat Vol. 11 No. 1 (2024): JURNAL PENGABDIAN KEPADA MASYARAKAT 2024
Publisher : P3M Politeknik Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33795/abdimas.v11i1.4907

Abstract

Community service activities were carried out in Tumpang District, Malang Regency with partners, namely UMKM Jamu WR9 which is a representative of MSMEs in Wringinsongo Village, Tumpang District, Malang Regency. These business actors include the production and sales processes. Community service activities are carried out with the aim of providing understanding to business actors regarding the factors supporting business activities, namely legality and business management factors, in this case PIRT licensing so that business activities carried out are not only profit-oriented, but business activities can continue to develop in the future. by paying attention to and implementing supporting factors for business activities and by providing assistance with PIRT licensing. The activity implementation method consists of three stages. The first preparation stage includes pre-survey, team formation, proposal creation and submission, team and partner coordination as well as preparation of tools and materials to assist PIRT licensing. The second stage is the program implementation stage in the form of assistance which begins with discussion and preparation for PIRT management by providing a sealer machine and stove. The third stage is the evaluation and reporting stage. Evaluation is carried out by comparing the conditions of partners before and after program implementation using interview and observation methods. After that, a report is prepared for subsequent publication. With the implementation of this program, there will be an improvement in society's value order in the field of education, especially in the fields of economics and law. Keywords: PIRT permit, UMKM
THE APPLICATION OF RESTORATIVE JUSTICE IN MINOR HEALTH LAW OFFENCE CASES Shohib Muslim; Karman
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 3 No. 3 (2024): INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS)
Publisher : ADISAM Publisher

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Abstract

The application of restorative justice in health law misdemeanour cases presents a more humanist and recovery-oriented alternative approach to the traditional justice system. It emphasises dialogue and conflict resolution through cooperation between perpetrators, victims and communities, in order to reach mutually beneficial solutions. Restorative justice in the context of health law aims to repair relationships, increase understanding, and promote improvements in the quality of health services. While offering many potential benefits, the application of this concept faces significant challenges such as a lack of understanding and awareness and the need for clear regulations. Therefore, the successful implementation of restorative justice relies heavily on synergistic support from the government, health institutions, professional organisations, and the community in creating a conducive environment and providing adequate education and training.
THE DYNAMICS OF REGULATION ON CHANGES IN THE LEGAL FORM OF STATE-OWNED ENTERPRISES ACCORDING TO ARTICLE 92 OF LAW NO. 19/2003: A LITERATURE ANALYSIS OF STRATEGIC STEPS FOR CONVERTING PERJAN INTO PERUM OR PERSERO AND THE IMPLICATIONS FOR OPERATIONAL EFFICIENCY AND GOVERNMENT COMPLIANCE Shohib Muslim; Karman Karman
INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS Vol. 2 No. 7 (2026): INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)
Publisher : CV. Adiba Aisha Amira

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Abstract

This article analyses the dynamics of the regulation of changes in the legal form of state-owned enterprises based on Article 92 of Law No. 19 of 2003, focusing on the strategic steps for converting a Government Agency (Perjan) into a Public Company (Perum) or Limited Liability Company (Persero) as stipulated in Government Regulation No. 45 of 2005. Through a normative juridical approach and content analysis of laws, government regulations, legal journals, and empirical case studies such as PT Pos Indonesia, Pegadaian, and PT KAI, the study identifies structured procedures ranging from feasibility studies, proposals from the Minister of State-Owned Enterprises to the President, issuance of Government Regulations, appointment of organs, to the separation of assets and PSO accounting. The results show that the conversion significantly improves operational efficiency with an average ROA increase of 5-10%, a 20-30% reduction in structural costs, and business diversification, accompanied by strengthened government compliance through the GMS, BPK/OJK supervision, and separate PSO compensation contributing Rp150 trillion in dividends to the state budget in 2025. Strategic implications include the transformation of SOEs from a bureaucratic model to competitive corporate entities, although the challenges of legacy debt and political intervention require mitigation through the independence of the board of commissioners and holding companies, as per the current trend in January 2026. Overall, Article 92 has proven effective as a catalyst for reform, with recommendations for amendments to government regulations for the integration of AI digitalisation in pre-conversion assessments, mass human resource training, and the acceleration of the conversion of residual Perum for national economic synergy. This research contributes theoretically to the study of state economic law and practically to the Ministry of State-Owned Enterprises in optimising the strategic role of state-owned enterprises in accordance with Article 33 of the 1945 Constitution.
FROM PHILANTHROPY TO SUSTAINABILITY: THE EVOLUTION OF CORPORATE SOCIAL RESPONSIBILITY IN BUSINESS RESEARCH Shohib Muslim; Loso Judijanto
INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS Vol. 1 No. 4 (2024): INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)
Publisher : CV. Adiba Aisha Amira

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Abstract

This research examines the evolution of Corporate Social Responsibility (CSR) from a philanthropic approach to sustainability in business. In the early stages, CSR was mostly realised in the form of donations or social support that was sporadic and not integrated with the company's core business strategy. However, along with the increasing awareness of the importance of sustainability, many companies began to adopt a more strategic and integrated approach to CSR. This research shows that sustainable CSR implementation not only provides social and environmental benefits, but also creates significant business value, including enhanced reputation, customer loyalty, and operational efficiency. Thus, the transformation from philanthropy to sustainability in CSR reflects an important shift where social responsibility becomes an integral part of business strategy that contributes to the achievement of sustainable economic, social, and environmental goals.
CROSS-SECTORAL ECONOMIC LAW IN INDONESIA: A LITERATURE REVIEW OF THE INTERACTION BETWEEN DEVELOPMENTAL ECONOMIC LAW AND SOCIAL ECONOMIC LAW IN THE DYNAMICS OF BANKING, INDUSTRY, AGRICULTURE, AND NATIONAL TRADE Shohib Muslim; Hadenan Towpek
INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS Vol. 2 No. 8 (2026): INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)
Publisher : CV. Adiba Aisha Amira

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Abstract

This study examines the interaction between development economics law and social economics law within the framework of cross-sectoral economic law in Indonesia, focusing on the dynamics of the banking, industrial, agricultural, and national trade sectors. Through a legal-normative approach and qualitative analysis of various literature, regulations, and economic policies, this study shows that the two legal regimes are not dichotomous, but rather complement and correct each other in an effort to achieve sustainable and equitable development. The results of the study emphasise the need for an integrative economic law paradigm that explicitly accommodates the synergy between economic growth, equitable distribution of development outcomes, protection of vulnerable groups, and environmental sustainability in every cross-sectoral policy.
ETHICAL THOUGHT IN ISLAMIC PHILOSOPHY: A STUDY OF GHAZALI AND MISKAWAYH Shohib Muslim; Suhari
INJOSEDU: International Journal of Social and Education Vol. 2 No. 5 (2025): MAY
Publisher : Adisam Publisher

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Abstract

This research explores the ethical thinking of two major figures in Islamic philosophy, namely Al-Ghazali and Miskawayh. Al-Ghazali, known for his Sufistic approach, emphasised the importance of a spiritual relationship with God as the basis for achieving a moral life and true happiness. Meanwhile, Miskawayh, who was influenced by Aristotelian thought, offered a more rational view by emphasising balance and the use of reason to form good character and achieve virtue. This study found that although the two had different approaches, both spiritual and rational, they complemented each other and made significant contributions to the development of ethics in the Islamic philosophical tradition.
STATE-OWNED ENTERPRISE LAW IN THE PERSPECTIVE OF GOOD CORPORATE GOVERNANCE: A LITERATURE ANALYSIS OF THE MANAGEMENT, SUPERVISION, AND ACCOUNTABILITY OF STATE-OWNED ENTERPRISES AS INSTRUMENTS OF NATIONAL DEVELOPMENT AND PROFIT-ORIENTED ECONOMIC ENTITIES — A LITERATURE REVIEW Shohib Muslim; Hadenan Towpek; Mohd Syahrin
INJOSEDU: International Journal of Social and Education Vol. 2 No. 11 (2026): International Journal of Social and Education (INJOSEDU)
Publisher : Adisam Publisher

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Abstract

State-Owned Enterprises (SOEs) occupy a strategic position as instruments of national development and profit-oriented economic entities, making good governance a key prerequisite for realising this dual function. This study is a literature review that analyses SOE law from the perspective of Good Corporate Governance (GCG), focusing on the aspects of SOE management, supervision and accountability. Through a normative literature analysis of Law No. 19 of 2003 on SOEs, KNKG guidelines, and OECD GCG principles, this study identifies that the formal structure of SOE organs is in line with the principle of separation of functions, but the practice of organ appointment, political intervention, and weak supervisory independence remain major obstacles. SOE accountability requires the integration of public and private law norms, with the business judgement rule and fiduciary duty principles as pillars of legal protection for the Board of Directors as well as a guarantee of state interests. In conclusion, strengthening GCG through regulatory reform, professionalisation of management bodies, and external oversight synergy is necessary to ensure that SOEs can carry out their dual roles effectively and sustainably.