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Bestuur

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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 8 Documents

Search results for , issue "Vol 9, No 1 (2021): Bestuur" : 8 Documents clear

Medicolegal Perspective on Physician-Induced Demand Issue Wulandari Berliani Putri; Vita Widyasari; Juliet Musabula; Muhammad Jihadul Hayat
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Physician-Induced Demand has long been a topic in the field of health science. However, compared to medical error or malpractice, PID receives less attention. The term PID itself is not recognized in Indonesian health regulations, but does it mean that the law permits it? This question is essential because the medical law insists that doctors perform medical efforts following professional standards and standard operating procedures. Physician-Induced Demand disguises an action that may manipulate and harm the patient's best interest. This study aims to shed light on the extent to which the medical law protects patients' rights from Physician-Induced Demand conduct. This study employs a juridical and normative approach. Primary resources were collected by investigating health regulations, while secondary resources were obtained from electronic databases. The result of this study shows that PID is a medical action against the will of law. Medical law requires that medical treatment be based on sound principles, such as following high-quality standards, honesty, fairness, humanity, nondiscrimination, efficiency, and effectiveness. Physician-Induced Demand, which tends to the interests of a physician, is opposed to those legal principles. Therefore, this study argues that Physician-Induced Demand violates the principles of medical law. It should be avoided under any circumstances.

Transgender and the Right to Employment in India: Analysing the Trajectories of Discrimination Utkarsh K. Mishra; Abhishek Negi
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Every citizen of India is guaranteed the right to work under the Indian Constitution. However, policymakers, governments, and the Indian Judiciary have been keen only on laying down a framework concerning right to work. This tendency (un)wittingly affects the minority group—transgender people. In this sense, India currently appears to be lacking a well-defined anti-discrimination employment framework. Regarding this issue, this study aims to investigate the trajectories of transgender community discrimination face in the employment sector. This study is written in the context of human rights discourse analysis. This study argues that although the effort of the Supreme Court and the Government of India has taken a positive step to enhance the livelihood conditions of the transgender communities, it must be mentioned that this recognition is not ample to solve the problem. Although this recognition goes a long way in trying to secure the economic needs of the transgender community, social exclusion takes time to change simultaneously with the changing mindset of society. This Indian Judiciary policy should be followed by the guideline for enforcing the ‘Right to Work,’ especially concerning the transgender community.

Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard Saidah Fasihah Binti Che Yussoff; Rohaida Nordin
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This study aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This study concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This study calls for the repeal or amendment to the Act in conformity with international standards.

Taxing Micro, Small and Medium Enterprises in Yogyakarta: Regulation and Compliance Siti Rahma Novikasari; Duc Quang Ly; Kerry Gershaneck
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

The Special Region of Yogyakarta is a region with prominent Micro, Small, and Medium Enterprises (MSMEs) actors in Indonesia. This invites the important question of whether the implementation of the new MSMEs tax regulations in the region impacts the intensification of final income tax and tax compliance. This study aims to analyze the relationship between the amendments of the final income tax policy and the legal compliance of MSMEs taxpayers. This research uses a juridical and empirical approach. Empirical data was collected by interview and questionnaire to seven taxpayers, while juridical data was obtained by analyzing the Government Policy on taxation. This study shows that the reduction of the final income tax tariff from 1% to 0.5% and the existence of legal certainty regarding the taxation time frame implies a positive impact on taxpayer compliance. This is demonstrated by the fact that the number of taxpayers in 2019 increased by 15% when compared to 2017. However, tariff reduction is not the solution to the non-compliant taxpayer. The Regional Office of the Directorate General of Taxes still found the tax avoidance. It means the government needs to conduct a more cooperative approach to improve MSMEs taxpayer compliance.

Application of Sanctions Against State Administrative Officials Failing to Implement Administrative Court Decisions Hendry Julian Noor; Kardiansyah Afkar; Henning Glaser
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

In its constitution, Indonesia declares itself a state of law. However, government practice frequently ignores the State Administrative Court's judgements, despite the fact that court decisions are a crucial part of the state of law notion. The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not comply with administrative court decisions. This is prescriptive and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. The result of this study shows, Firstly, the results showed that the nature of administrative court decisions is erga omnes. Secondly, the position of the Prosecutor is categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.

Legislation Impediments in Reorganising Government Bodies in Indonesia Mas Pungky Hendra Wijaya; Mohammad Zulfikar Ali
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Indonesia has implemented administrative reforms in a variety of areas, including reorganizing the structure of ministries and agencies. However, that effort has not yet yielded a significant outcome. The complex legal framework is believed to be primary challenge of this reform. This study aims to identify and analyze to what extent that the legislative constraints affect the reorganization attempt. This study applies qualitative approach. Data was collected through a desk-based study of legislations, policies, and secondary literatures related to bureaucracy reform in Indonesia, as well as its political and legal issues. The study's findings indicate that the government's sprawling and large structure is the result of overlapping function of laws and regulations. This hindered any efforts to reorganize. This further contributes to the administration's ineffectiveness and inefficiency. This study affirmed that legislation impedes the reorganization process because numerous laws have been used (improperly) to create a new ministry or agency rather than to reorganize.

The Implementation of Labor Development Principles According to Job Creation Law as a Reason to Protect Wages Rights Nur Putri Hidayah; Quincy R. Cloet; David Pradhan
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Wage is a fundamental right of labor. Since the passage of the Job Creation Law, the wage policy has changed. In order to aid national development, the wage is ruled to be distributed following the principle of job creation. Instead of bringing peace, that change has led to public criticism towards the Job Creation Law, which is deemed to injure labor rights. This study aims to analyze the legal protection and the implementation of labor development principles in the Job Creation Law. This study is normative legal research and applies a juridical approach. The primary data were obtained from the regulation analysis, while the secondary data were collected from a literature review regarding wage rights. This research reveals that the legal protection of wages in the new regulation is not far better than the previous law. The wage policies initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. By the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members.

The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada Loresta Cahyaning Lintang; Adriano Martufi; J.W. Ouwerker
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Indonesia has recognized and implemented blasphemy law within its legal system. Nevertheless, by many scholars, it is considered ambiguous and "no perimeter", which leads to the question of its legal certainty. Blasphemy is different across religions and legal systems, particularly in Ireland and Canada. This study seeks to examine how Indonesia, Ireland, and Canada rule blasphemy. To analyze information about the regulation of blasphemy in those countries, a comparative legal approach is utilized. The result of this study shows that blasphemy laws are heterogeneously written by the national legislation of Indonesia, Ireland, and Canada. Irish blasphemy law includes the element of mens rea, protect all religions in the country. Irish government clearly defines blasphemy law as a limitation of the freedom of expression. Canada does not regulate its blasphemy law strictly but use precedents to maintain the certainty and predictability. Mirroring to these two countries, Indonesian blasphemy law should be reconstructed into five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying mens rea element, measuring the ‘threat to public’ elements, and more professional law enforcement officers.

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Abdul Kadir Jaelani

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alanzaelani50@gmail.com

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+62271-642 595

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FH.UNS@UNS.AC.ID

Editorial Address
Ir. Sutami Street, No. 36A, Surakarta, Jawa Tengah 57126- Phone 0271-642595

Location
Kota surakarta,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Abdul Kadir Jaelani

Contact Email alanzaelani50@gmail.com

Phone +62271-642 595

Journal Mail Official FH.UNS@UNS.AC.ID

Editorial Address Ir. Sutami Street, No. 36A, Surakarta, Jawa Tengah 57126- Phone 0271-642595

Location Kota surakarta, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Abdul Kadir Jaelani

Contact Email
alanzaelani50@gmail.com

Phone
+62271-642 595

Journal Mail Official
FH.UNS@UNS.AC.ID

Editorial Address
Ir. Sutami Street, No. 36A, Surakarta, Jawa Tengah 57126- Phone 0271-642595

Location
Kota surakarta,

Jawa tengah

INDONESIA