The Government Trading Organization: From Threat Perception to Opportunity Perception

The Government Trading Organization, as one of the quasi-judicial and administrative bodies, is the competent authority for addressing certain economic violations. This organization and its competencies have sometimes been viewed as a violation of the principle of separation of powers (Article 57 of the Constitution), the concentration of judicial matters in the judiciary (Article 159 of the Constitution), and the principle of judicial punishment (Article 36 of the Constitution). This perspective has led to the Government Trading Organization being perceived as a rival to the judiciary, resulting in a dismissive approach towards it. This article employs a descriptive-analytical method to respond to previous criticisms while adopting an opportunity-oriented approach to the Government Trading Organization. Accordingly, strategies such as decriminalization and judicial reduction, alongside the historical jurisprudential support of the institution of Hisbah, can be proposed as explanations for the competencies of the branches of the Government Trading Organization in addressing economic violations. Adopting an opportunity-oriented approach to the Government Trading Organization, along with efforts to address the criticisms directed at this institution, can position it as a complementary (rather than rival) entity to the judiciary and provide a suitable framework for expanding its competencies by decriminalizing economic offenses.