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Bestuur
Published by Universitas Sebelas Maret
ISSN : 23023783     EISSN : 27224708     DOI : 10.20961
Core Subject : Humanities, Health, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences
The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics which relate generally to Administrative Law issues in Indonesia and around the world. Articles submitted might cover topical issues in: Governance Public Organizations Public Policy Public services Management Bureaucratic Ethics Administrative / Governance Law. Management of Regional-Owned Enterprises / State-Owned Enterprises Management of State Apparatus Resources
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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Rethinking Criminal Law Policies in Taxation to Overcome Tax Violations Kusumo, Bambang Ali; Marwiyah, Siti; Yunus, Nur Rohim
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.62064

Abstract

Taxes are the largest source of state revenue for Indonesia's development, but the tax compliance rate of Indonesians is still low. This study aims to analyze issues related to rethinking criminal law policies in taxation to overcome tax violations. This is normative legal research that uses statutory and comparative approaches. The results of the study show that criminal acts in the field of taxation are included in criminal acts in the field of administrative law, which is known to be simple and flexible in law enforcement as long as the purpose of the law is achieved, namely that taxpayers are willing to pay taxes according to their obligations.
The Legal Rights and Challenges of COVID-19 Patients Accessing Private Healthcare in Nigeria Aidonojie, Paul Atagamen; Okuonghae, Nosakhare; Ukhurebor, Kingsley Eghonghon
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.68118

Abstract

The COVID-19 pandemic has overwhelmed healthcare providers all over the world. Nigeria has also had its fair share of the health crisis caused by COVID-19. Despite the apparent shortcomings of public healthcare in combating the COVID-19 pandemic, the participation of private healthcare providers in caring for COVID-19 patients in Nigeria has been limited by legal and regulatory constraints. This study employs a hybrid research method. The study found insufficient medical facilities and care for COVID-19 patients in government-owned isolation centers. It was concluded and recommended that there is a need to whittle down the laws and regulations limiting private health providers from caring for COVID-19 patients. Furthermore, there is a need to set some ethics and guidelines for private healthcare providers who intend to care for COVID-19 patients.
The Legal Policy of Criminal Justice Bureaucracy Cybercrime Raharjo, Agus; Bintoro, Rahadi Wasi; Tri Utami, Nurani Ajeng
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.64498

Abstract

Cybercrime has resulted in astronomical losses for the business community. However, the reactive policy model must be more effective at preventing cybercrime, and the due process model is also inappropriate for combating cybercrime with a high level of speed and mobility. This study is normative legal research employing a conceptual strategy and case studies. The results indicate that the reactive model must be improved in order to prevent cybercrime. The model of due process is not appropriate for deterring cybercrime with a high degree of speed and mobility. The preventative law enforcement strategy is effective, but it requires a high level of law enforcement capability to detect and disable cybercrime, which is something that few Indonesian law enforcement officials possess. Prevention based on the user, which places responsibility on internet users, is fine for individuals but not for businesses. Based on collaboration between corporations, universities, civic society, and non-governmental groups, the collaborative model synthesizes the aforementioned paradigms. Because they are based on plans or roadmaps created by internet stakeholders, regulations, technical aspects, and law enforcement may be effectively implemented and developed.
The Strengthening Government Policies on Mineral and Coal Mining to Achieve Environmental Sustainability in Indonesia, Africa and Germany Akhmaddhian, Suwari; Budiman, Haris; Bhandari, Rahul
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71279

Abstract

Indonesia has enacted a number of regulations dealing with issues of mining governance, and governance. However, the issuance of these various laws and regulations has resulted in illegal mining crimes resulting in environmental damage. The purpose of this study is to analyze sustainable mining governance policies in Indonesia, Africa and Germany. This research method uses a doctrinal legal approach. Resources have been compiled through an examination of mineral and coal mining laws and regulations, governance and environmental governance regulations, as well as reports from various authorities on the same subject. The results of this study show how Indonesia's previous mining law policies recognized local governments as the authority for licensing and monitoring mining activities. This policy was revoked based on the latest governance regulations and had an impact on the vacancy in monitoring mining activities at the district/city level, as a result of this vacancy there was environmental damage due to illegal mining and bad mining activities so that it was necessary to strengthen government policies in monitoring mineral and coal mining. Mining governance policies in Indonesia, Africa and Germany are currently starting to lead to environmental sustainability.
Cryptocurrency: Highlighting the Approach, Regulations, and Protection in Indonesia and European Union Tauda, Gunawan A.; Omara, Andy; Arnone, Gioia
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.67125

Abstract

The speed of the adoption and use of cryptocurrency that utilizes blockchain technology as its central infrastructure is expanding globally, including in Indonesia. It has promising prospects as a future asset and payment instrument. However, the regulations in Indonesia are often delayed and inadequate for dealing with cryptocurrency's developments. This research is intended to analyze the approaches, regulations, and protection of the use of cryptocurrency. This study argues that the regulatory approach to using cryptocurrency is balanced, while Indonesia has a partial status in cryptocurrency legality. The government’s protection of cryptocurrency investors is adequate in using cryptocurrency as a commodity traded on futures exchanges with a license from Bappebti. A progressive policy for establishing the Digital Asset Law by the government is important due to the resultant clarity in the regulatory status of cryptocurrency will allow the ecosystem to grow and promote innovation, thus harnessing the benefits of cryptocurrency while mitigating related risks.
The Rise of Centralistic Governance in Spatial Planning in Indonesia and Australia: A Comparative Study Widiatedja, I Gusti Ngurah Parikesit; Qadam Shah, Mohammad; Sudiarawan, Kadek Agus; Yogantara, Pande
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.70120

Abstract

Since the Reformation, spatial planning governance has moved away from authoritarianism toward a more democratic style of government. However, the current Job Creation Regulation has heralded the return of the centralistic governance in spatial planning. Surprisingly, Australia is also experiencing this trend. This study will look at how the centralistic phase of spatial planning was implemented in Indonesia and Australia. By using a normative method, the results reveal that the spirit of centralization is obvious in the Job Creation Regulation. The central government has a dominating role in the implementation of spatial planning. It also controls the issuing of detailed plan. Because of the need to produce a digital map, the central government now has a power over the granting of spatial planning permission. In Australia, the local government evaluates and decides on the vast majority of planning applications. A countervailing tendency, nevertheless, has seen state governments take on some of the planning and decision-making duties once exercised by local governments. The state minister and development assessment panels are now responsible for authorization of significant projects. This pattern appears to depoliticize and simplify the application process for development projects, especially when those projects have financial advantages.
Governing Indonesia’s Plan to Halt Bauxite Ore Exports: is Indonesia Ready to Fight Lawsuit at the WTO? Aulawi, Muhamad Haris; Gunawan, Yordan; Alfarizi, M. Hanaan; Lago, Manuel Campos
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.69178

Abstract

Every nation has natural resources that must be regulated by state law and used for community benefit. Indonesia, a major exporter of bauxite ore to Europe, plans to ban exports. Indonesia must prepare for a second EU nickel ore export lawsuit after the first from the nickel export ban. The study aims to determine whether Indonesia is guilty of issuing a policy to stop exports of bauxite ore. This research is a normative legal research uses the rule of law, law principles, and legal doctrines to solve legal issues. Books, journals, and the internet provided data for the research. Articles from previous bilateral agreements are also used. This research examines Monism and Dualism.The results of the study show that Indonesia is not entirely at fault, considering that Indonesia is a country that adheres to a dualism system in international law enforcement. However, Indonesia still needs to renegotiate the percentage of bauxite ore exports with the European Union, considering that Indonesia is already bound by the IEU-CEPA agreement. If Indonesia continues its plan to stop the total export of bauxite ore, then Indonesia can still be considered to have committed acts of default.
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Siboy, Ahmad; Al-Fatih, Sholahuddin; Triasari, Devi; Tegnan, Hilaire
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
The Role of Land Management Paradigm Towards Certainty and Justice Setiabudhi, Donna Okthalia; Yunus, Ahsan; Irwansyah, Irwansyah; Rifky, Andi
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71710

Abstract

To achieve land order, Indonesia implements the Sustainable Agrarian Regulation System (SPAB). The crucial issue, however, is whether the management of activities at this point has been conducted sustainably in order to establish justice and legal certainty in the community.   The purpose of this study is to examine a variety of issues concerning the Role of Land Management Paradigm Towards Certainty and Justice. This research is empirical with a qualitative approach. The results indicate that as the Dynamics of Population Growth and Rapid Progress was being constructed, soil quality began to deteriorate. For the exploitation and utilization of soil, therefore, effective, efficient, and sustainable land management is necessary.  It is widely acknowledged that sustainable land management is essential for halting land degradation, preventing desertification, and regenerating degraded areas. Given the complex options available to communities and landowners, Japan's policy is shifting its emphasis to policies pertaining to sustainable land use management by means of consensus building.
Reforming Marriage Registration Policies in Malaysia and Indonesia Warman, Arifki Budia; Jafar, Wahyu Abdul; Asmara, Musda; Kirin, Arwansyah bin; Usmani, Sheikh Adnan Ahmed
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.66320

Abstract

This study aims to explain the reform of marriage registration policies in Indonesia and Malaysia. Marriage registration policies in Indonesia and Malaysia have yet to be appropriately implemented. This is proven by the fact that many unregistered marriage practices exist. This study is a literature and field research. Data was collected through documentation and interviews. This study found that the States of Indonesia and Malaysia have issued policies regarding the mandatory registration of marriages. Even so, there are still many unregistered marriages. There are many factors behind the occurrence of unregistered marriages, besides also causing problems. The government needs to reform the marriage registration policy, one of which is through digitalization. The State of Indonesia has innovated marriage registration, namely, online registration of marriages. However, this policy was implemented less effectively below. Meanwhile, the Malaysian state still needs to renew its marriage registration policy. Therefore, in this digital era, it is necessary to have a policy for registering marriages in the direction of complete digitization so that problems can be appropriately resolved.

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