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All Journal Jurnal Selat AL-Ishlah : Jurnal Ilmiah Hukum Al Irsyad: Jurnal Studi Islam
Ari Bakti Windi Aji
Institut Agama Islam Negeri Kerinci
Religion Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Kesadaran Hukum dan Kepatuhan Hukum: Analisis Faktor yang Mempengaruhi Kesadaran Hukum dan Kepatuhan Hukum Masyarakat Syamsarina Syamsarina; M. Ibrahim Aziz; Arzam Arzam; Defril Hidayat; Ari Bakti Windi Aji
Jurnal Selat Vol. 10 No. 1 (2022): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v10i1.5216

Abstract

A sense of justice is an abstract human conception of a desired or proper harmony between order and peace. Legal awareness is often associated with legal suitability, legal design, and legal validity. Legal awareness is the perception of value contained in humans about existing laws. Compliance comes from the word obedience and means obedience, obedience, obedience. To obey means to bow, obey, obey. Obedience means submission, and obedience is the state of submission to something or someone. Compliance, therefore, is the condition that the general public follows the rules of the game (the law). A society's legal culture also recognizes that our society, in its legal consciousness, has laws as rules of the game for living together and as a basis for solving problems arising from the risks of living together. However, from a material point of view, it is very difficult to build a legal culture in this country. This situation is affected by several factors, including: 1) legal factors; 2) law enforcement factors; 3) institutions and facilities; 4) community factors; and 5) cultural factors.
Peran Otoritas Jasa Keuangan dalam Mengawasi Arus Pasar Modal di Indonesia Defril Hidayat; Ari Bakti Windi Aji; Muhammad Ibrahim Aziz
Al-Ishlah: Jurnal Ilmiah Hukum Vol 26 No 1: Desember 2022 - Mei 2023
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v26i1.368

Abstract

This study aims to examine the enforcement of laws and the role of the Financial Services Authority in addressing capital market violations amid the development of economic flows in Indonesia. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that capital market violations consist of administrative violations and criminal offenses. Meanwhile, Bapepam’s role in addressing capital market violations has been shifted to the Financial Services Authority. OJK is a builder, regulator, and supervisor of capital market activities. In executing its law enforcement functions, OJK also has the authority to examine, impose administrative sanctions, and investigate criminal offenses to be pursued and resolved through the criminal justice system. On the other hand, based on the una via principle, OJK can also decide not to proceed to the investigation stage of an alleged criminal offense by imposing an administrative sanction in the form of a fine accompanied by a written order. In carrying out its enforcement functions, OJK enforces criminal law both preventively and repressively. Therefore, it is recommended that the OJK and relevant parties enhance coordination and collaboration in enforcing capital market laws, both preventively and repressively. This enforcement can be achieved by improving human resources capacity and infrastructure to monitor daily capital market activities. Increasing investor education and awareness is also crucial to reduce the likelihood of violations. Lastly, OJK should ensure a balanced approach between preventive and repressive law enforcement, considering the una via principle in specific cases. Implementing these recommendations will support creating a conducive, transparent, and fair capital market environment, ultimately attracting investors and further promoting Indonesia’s economic growth.
Analysis of Cosmetic Products Without Indonesian Language Labels in Sungai Penuh City: A Review of Islamic Law on Business Actors' Compliance with Government Regulations M. Ibrahim Aziz; Repelita Repelita; Defril Hidayat; Ari Bakti Windi Aji
Al Irsyad: Jurnal Studi Islam Vol. 5 No. 1 (2026): Al Irsyad: Jurnal Studi Islam
Publisher : STAI Publisistik Thawalib Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54150/alirsyad.v5i1.1152

Abstract

The continued circulation of cosmetic products without Indonesian-language labels in Sungai Penuh City indicates the low compliance of business actors with government regulations. This study aims to analyze cosmetic products without Indonesian-language labels, based on positive and Islamic law, regarding business actors’ compliance in Sungai Penuh. This qualitative case study research employed observation, interviews, and documentation involving cosmetic business actors in Sungai Penuh City. The data were analyzed descriptively in accordance with positive and Islamic law. The results show that imported cosmetics without Indonesian-language labels are still being traded in several cosmetic stores in Sungai Penuh City. Business actors generally understand only requirements related to BPOM approval, mercury-free products, and halal labels, but have not yet fully understood the obligation to provide Indonesian-language labels as regulated by Law Number 8 of 1999. From the perspective of Islamic law, such practices do not yet reflect the principles of honesty (?idq), transparency of information (bayan), public benefit (ma?la?ah), and the protection of consumer rights. Low compliance is driven by limited government socialization and suboptimal supervision, necessitating continuous improvement in education and regulatory enforcement across all business actors. The conclusion of this study is that business actors’ compliance with product labeling requirements remains low and has not fully complied with the provisions of positive law or Islamic law principles. The significance of this research lies in strengthening the study of positive and Islamic law to improve compliance with labeling requirements and consumer protection for cosmetic products in Indonesia.
Co-Authors Defril Hidayat M. Ibrahim Aziz Muhammad Ibrahim Aziz Repelita Repelita Syamsarina, Syamsarina