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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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Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia Lailam, Tanto; Andrianti, Nita
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.v11i1.70052

Abstract

This article focuses on the legal policy of constitutional complaints in judicial review. It compares the European model (Germany, Austria, Hungary) and Indonesia. These four countries have a legal policy in common, a constitutional court with a centralised court system and judicial review (abstract judicial review, concrete judicial review, and constitutional complaints), but the MKRI lack constitutional complaint. Three constitutional complaints policies in these courts can be used as a reference for the strengths and weaknesses of each judiciary on regulations and legal practices. However, Germany's constitutional complaints policy is better than Austria's and Hungary's. Its excellence is caused all ordinary court decisions as an object dispute; decisions are final and binding; individuals and organisations can submit this application and legal aid by the lawyers or professor of law in the oral hearing; the process only takes one month and is free of charge and the trial with or without an oral hearing. In the future, MKRI needs this authority with legal policy steps amending the MKRI Act, and the last step is an amendment to the 1945 Constitution.
Legal Policy of State Financial Losses Arrangement In A State-Owned Enterprise Swardhana, Gde Made; Monteiro, Seguito
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.v11i1.61326

Abstract

This research aimed to examine the elements of state loss in regulations concerning the legal policy of state financial arrangements in a bankrupt state-owned enterprise and to analyze the effort of asset recovery related to state loss due to corruption based on the prevailing law in Indonesia and China. This is normative legal research with a comparative approach, with China being taken as a comparison. The study indicated that the elements of state loss are short of money, securities, and goods; it was caused by unlawful actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant, in the Indonesian legal system, asset recovery efforts can be examined from the perspective of criminal law and administrative law. The substance of state finances reveals the same element, namely that the financial loss of SOEs is a loss to state finances. In the execution of court decisions on SOE-owned assets in bankruptcy cases, the regulation does not provide fair legal recognition, protection, certainty, and equal treatment before the law in the management and accountability of state finances.
The Regulations for Management of Coastal Natural Resource Conflicts in Indonesia-Malaysia Border Zein, Yahya Ahmad; Syaprillah, Aditia; Idris, Rafiq
BESTUUR Vol 11, No 2 (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.v11i2.69205

Abstract

Indonesia and Malaysia will continue to engage in violent and protracted border conflicts over natural resources due to limited natural resources. Due to the scarcity and abundance of renewable resources, there are border disputes between Indonesia and Malaysia. Illegal fishing is a concern for both countries. This study aimed to determine the management of Indonesia-Malaysia coastal natural resource disputes. This was normative legal research that employed statutory, empirical, and case methods. The study found that Indonesia and Malaysia need to strengthen their laws as a follow-up to their bilateral agreements, considering that illegal activities often occur along land and sea borders. Another problem is that maritime regulations in Indonesia and Malaysia have different problems and challenges, ranging from the lack of specific regulations to the existence of illegal activities on the sea and land borders of each country. The laws governing maritime sector activities are vulnerable to institutional conflicts due to overlapping regulations and legislation resulting from cross-border processing at maritime borders. Therefore, from a regulatory perspective, it is necessary to strengthen various existing regulations.
Can Indonesia's Decentralized Education Technology Governance Policy: Evidence from Muslim Countries Thoha, Mohammad; Syawqi, Abdul Haq; Yahaya, Mohammad Zaini; Septiadi, Dimas Danar; Hidayatulloh, M Haris
BESTUUR Vol 11, No 2 (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.v11i2.78320

Abstract

Decentralization of education policies has been implemented in Indonesia and Malaysia; however, their potential impact on Islamic education technology innovation remains to be seen. Comparing and contrasting the Education Decentralization Policies of Malaysia and Indonesia is the objective of this study. This is normative legal research derived from tertiary, primary, and secondary legal sources. First, decentralization policies for the development of Islamic education technology are complicated, according to the research findings, because the Ministry of Education and Culture and the Ministry of Religion have a dualism of regulation and management that violates the concepts and spirit of regional autonomy. Second, regulatory dualism affects the quality of education in Indonesia, whereas integrated management is implemented in a single institution for education in Malaysia. Thirdly, Malaysia has endeavored since elementary school to integrate science and technology. Over the past decade, the Indonesian central government has implemented the Madrasah Reform program, among other initiatives and developments, to develop IT-based Islamic education.
Beyond the Courtroom: Reforming Consumer Dispute Resolution Policies in Indonesia Prastyanti, Rina Arum; Nugrahaningsih, Widi; Panchalingam, Lahveenya
BESTUUR Vol 13, No 2 (2025): 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.v13i2.115520

Abstract

This study analyses the effectiveness of the Consumer Dispute Settlement Agency (Badan Penyelesaian Sengketa Konsumen or BPSK) in Indonesia and formulates a legal reconstruction of consumer dispute resolution through comparative learning from Malaysia. The study highlights structural, normative, and operational constraints affecting BPSK. These issues worsen due to inflexible regulatory frameworks and weak institutional coordination, particularly in the protection of digital consumers. The research employs a qualitative empirical method with a comparative legal approach between Indonesia and Malaysia, complemented by qualitative descriptive analysis. The study indicates that BPSK has not functioned optimally in providing consumer protection due to limitations in its authority, the absence of direct executorial force of its decisions, and the breadth of its functions without adequate enforcement mechanisms. In contrast, the Malaysian Consumer Claims Tribunal, established under the Consumer Protection Act 1999, issues decisions that are final and binding, thereby providing a higher degree of legal certainty. Legal reconstruction is therefore proposed through the strengthening of regulatory provisions within the Consumer Protection Act, particularly Articles 45, 49, 52, 54, and 56, to enhance the effectiveness of consumer protection in Indonesia.
Reconstruction of The Policy License for Tourism Businesses: Challenge and Opportunity for Social Welfare Suastuti, Eny; Haq, Hayyan ul; Muishot, George; Sri Djamiati, Tatiek; Arif, Firman
BESTUUR Vol 12, No 1 (2024): 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.v12i1.80277

Abstract

The government's policy of revoking the authority of local governments to issue permits for the tourism business sector has caused chaos in the management and supervision of tourism businesses. This takeover of authority is closely related to the business licensing regulations regulated in the Omnibus Law. This research aims to determine the challenges and opportunities in licensing policy issues in the tourism sector that need reconstruction. The research method applied is normative legal research with a statutory and conceptual approach. The Omnibus Law is the prominent rule that be analyzed. Meanwhile, the concepts of licensing, authority, and the principle of community participation are used as the basis for analyzing and reconstructing regulations. The results of this research show that there are challenges in reconstructing licensing regulations in the Omnibus Law due to differences in perspectives on licensing concepts between the central government and regional governments, which have implications for shifting the objectives of issuing permits and the transfer of authority to issue licenses that the regional government initially owned created chaos in the supervision of tourism business activities. Still, the opportunity in this policy reconstruction is that it is still possible to revise laws based on the principle of real participation with community involvement mechanisms that can influence the final results of policy decisions, as well as active collaboration between governments at the central, regional and regional levels, stakeholders and the community in developing the tourism sector which can realize social welfare.
The Influence of Green Tax Regulations on New Renewable Energy Funding in Indonesia Leonard, Tommy; Heriyanti, Heriyanti; Pakpahan, Elvira Fitriyani; Fenitra, Rakotoarisoa Maminirina
BESTUUR Vol 11, No 2 (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.v11i2.82506

Abstract

Reen taxes, such as carbon taxes, can help countries invest in the latest technologies and achieve sustainable prosperity by funding renewable energy. However, we see that the current tax system still needs to be improved. This research aims to analyze the Influence of Green Tax Regulations on New Renewable Energy Funding in Indonesia. This research employs a normative legal approach informed by a literature review. The research results show that the various regulations regarding green tax regulations impact the non-maximization of new renewable energy funding. Taxes can generate government revenue by trading carbon credits to reduce greenhouse gas emissions. Additional funds can be used to fund initiatives in alternative settings. Green taxes, such as carbon taxes, can help countries invest in emerging technologies and achieve sustainable prosperity by providing funding for renewable energy.
Legal Regulation of Non-State Participation in Municipal Social Services in Lithuania Stasiukynas, Andrius; Šukvietienė, Aušra; Staliūnas, Justinas; Rainienė, Svajonė; Micutienė, Danguolė
BESTUUR Vol 13, No 1 (2025): 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.v13i1.112521

Abstract

This study explores the role of non-state actors in Lithuania’s social service sector, a field shaped by demographic change, growing demand, and governance reforms. While national legislation provides opportunities for non-governmental organisations (NGOs) to participate in service delivery, planning, and oversight, the practical implementation of these provisions varies across municipalities. Using document analysis and secondary statistical data, the paper compares two municipalities Marijampolė and Alytus to examine how the legal framework is applied locally. The findings show that national regulation has expanded the formal space for NGO involvement through accreditation, diversified funding, and defined provider requirements. However, municipal differences in infrastructure, administrative capacity, and policy priorities produce distinct cooperation models: Marijampolė demonstrates more established NGO engagement, while Alytus shows a gradual, incremental approach. Overall, the study reveals persistent fragmentation and uneven implementation, highlighting the need for coherent mechanisms to strengthen multi actor collaboration in social service provision.
Indonesian Migrant Workers After Job Creation Law: A Challenging Problem for Protection Welfare Suhartini, Endeh; Zaini, Mimi Fitriana; Widjojanto, Bambang; Yumarni, Ani
BESTUUR Vol 11, No 2 (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.v11i2.78442

Abstract

Job Creation Law has severely impacted the protection of foreign workers with changes to the Company Permit for Placement of Indonesian Migrant Workers (SIP3MI). This research aims to analyze changes to SIP3MI and its impact on the licensing mechanism for Indonesian migrant workers, which is related to the implementation of supervision of migrant workers as a juridical-administrative consequence of SIP3MI issuance. The research methodology used in this paper is a normative legal research method with a statue approach and conceptualization of legal protection, licensing, supervision, labour, and social justice to realize the protection of migrant workers when contracting and completing contracts. This research indicates an urgency for the government to protect migrant workers, seeing the increase in the number of migrant workers and complaints. The SIP3MI regulation, degrades the concept of protecting Indonesian migrant workers. The change in providing SIP3MI information from the relevant Ministry to the authority of the Central Government and being equated with Business Licensing thus changes the mechanism for issuing permits, which could severely impact the implementation of supervision and protection of Indonesian migrant workers. Therefore, the protection of migrant workers is no better than before the publication of the Omnibus Law. Legal certainty is needed to provide protection. Equating SIP3MI with business licensing is quite controversial and has the potential to create legal protection for migrant workers who are increasingly being pushed into a corner.
The Role of International Norm-Making and Law in Defining INGOs' Legal Subjectivity Mirzayeva, Elnara
BESTUUR Vol 13, No 1 (2025): 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.v13i1.96741

Abstract

This manuscript analyzes the contemporary position of international non-governmental organizations (INGOs) within the framework of international law by emphasizing the disparity between their growing practical significance and their unsettled legal status. The study aims to examine the role of INGOs in international relations, identify the legal and institutional challenges surrounding their international legal recognition, and advance a reasoned justification for recognizing their international legal personality. To illustrate national perspectives on this issue, the research incorporates selected aspects of Azerbaijan’s experience. Using an institutional research method, the study evaluates prevailing doctrinal approaches to the legal subjectivity of INGOs and identifies the core elements of their international legal status. The findings demonstrate that international law does not formally recognize INGOs as subjects in the strict legal sense. However, given their expanding functions, broad operational reach, and increasing influence in international governance, the study argues that the international legal system must develop a normative framework to regulate their status. The principal justification for recognizing the legal subjectivity of INGOs rests on the persistent imbalance between their actual role in international relations and the absence of corresponding legal recognition.

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