Articles
67 Documents
<![CDATA[The Model of Management of the Masela Block Based on People's Welfare in Maluku ]]>
<![CDATA[Jarot Digdo Ismoyo]]>
<![CDATA[ BESTUUR Vol 8, No 2 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i2.42858
<![CDATA[This research is motivated by the wealth of Indonesia, which has a fertile layer of land and there are very large deposits of minerals, oil and gas, this potential should ideally be managed for the welfare of the people. This research was aimed at explaining and analyzing the failure of mining management in Indonesia and the management model of the Masela Block based on the people's welfare in Maluku. This study uses normative legal research methods with data sources in the form of primary and secondary legal materials. The results showed that the discovery of the Masela Block gave the local government an opportunity to actively participate in mining management and that the oil and gas rich Masela Block to be exploited was a golden opportunity for the Maluku local government to actively participate in the oil and gas mining sector in an effort to improve people's welfare. Keywords: Mining; Masela Block; Maluku. ]]>
<![CDATA[Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard ]]>
<![CDATA[Saidah Fasihah Binti Che Yussoff]]>;
<![CDATA[Rohaida Nordin]]>
<![CDATA[ BESTUUR Vol 9, No 1 (2021): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v9i1.51637
<![CDATA[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.]]>
<![CDATA[Model Land Supply for Land Bank to House Application ]]>
<![CDATA[Martin Roestamy]]>
<![CDATA[ BESTUUR Vol 8, No 1 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i1.43142
<![CDATA[This study aimed to find out Land Bank's land supplies to provide land for affordable housing and establish community paradigm for ownership in which building separates from its property. The study was performed using a mixed methodology; namely informative where the primary legal material as a legal framework of housing construction is highlighted by considering legal research conducted with simple legal norms with attention to primary data such as land tenure, land availability, and the amount of housing backlogs that extended to help research. Quantitative data used as a measure of flaws in the application of drugs and legal framework, so that all legal resources can be supplemented with quantitative and qualitative data to find alternatives and open access for LIPs' houses. Keywords: Land Supply; Land Bank; Affordable Housing.]]>
<![CDATA[Model Pelaksanaan Putusan Mahkamah Konstitusi yang Eksekutabilitas Dalam Pengujian Peraturan Perundang-Undangan di Indonesia ]]>
<![CDATA[I Gusti Ayu Ketut Rachmi Handayani]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Abdul Kadir Jaelani]]>
<![CDATA[ BESTUUR Vol 7, No 1 (2019): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v7i1.42700
<![CDATA[This research is motivated by the number of unimplemented Constitutional Court decisions, although the nature of the Constitutional Court 's rulings is final and binding. This form of work is ethical normative. That investigation is descriptive. The data type used is the secondary data. Secondary techniques for the processing of data were obtained through library work. Primary and secondary data were qualitatively analysed. The results of the study show that, first, the decision of the Constitutional Court, which is not implementing the compilation of its decision, does not include a time limit for its implementation, while the decision of the Constitutional Court, which contains a grace period, is quickly followed through the establishment of an invitation regulation. Second , the model of the future functional decision of the Constitutional Court is the decision of the Constitutional Court which contains a period of grace and the institutionalization by constitutional permit of constitutional questions. Keywords: Constitutional Court, time of grace and Issue of the Constitution.]]>
<![CDATA[The Principle of Control Non Primary Gun System of the Indonesian National Army Protect Soldiers ]]>
<![CDATA[Said Gunawan]]>
<![CDATA[ BESTUUR Vol 8, No 2 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i2.43140
<![CDATA[This study aims to analyze and discover the principle of non-defense equipment regulation as a legal protection effort for members of the Indonesian Armed Forces and to reconstruct non-defense system arrangements in the context of legal protection for members of the TNI based on the value of certainty and justice with dignity. The research method in this research is descriptive juridical using statute approach, conceptual approach, analytical approach, philosophical approach and case approach. These approaches can be combined. The results of the research show that first, the principle of non-defense system regulation is subject to Law Number 34 of 2004 concerning the Indonesian National Army, especially the principle of civilian supremacy. The principle is only included in the basis of consideration. Does not specifically regulate the general provisions and body of the regulation regarding the terms and meaning of non-defense equipment and has not become one of the main tasks of the TNI in non-war military operations. Second, reconstruction of the value of alusista and non-alusista abuse must be subject to sanctions. Keywords: Defense Equipment; Indonesian National Army; Defense.]]>
<![CDATA[Pemalsuan Akta Autentik Sebagai Aspek Pidana Notaris ]]>
<![CDATA[M. Jamil]]>
<![CDATA[ BESTUUR Vol 7, No 2 (2019): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v7i2.40453
<![CDATA[The notary is known as a respected official in accordance with the mandate of the law. In Article 1 paragraph 1 of the Amended UUJN, it is stated that a Notary Public is authorized to make an authentic deed and has other authorities as referred to in this Law or based on other laws. Sometimes the labeling of the word "honorable" carried by a notary is injured by irresponsible notaries. many persons who do not think long will be the result of what has been done. The increasing number of notaries and the complexity of the problems faced by a notary public there are also notaries who are entangled with legal cases related to authentic deed forgery. The State of Indonesia is a state of law, in a state of law all people are treated equally before the law, this also applies to the profession of Notary. Notaries can be convicted if they meet the criminal elements contained in Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code. In this study, the author conducted a juridical-normative analysis based on literature study. Keywords: Authentic Deed, Criminal Aspects, Notary Public.]]>
<![CDATA[Gross Split Contract Framework Regulation on the Caring for People ]]>
<![CDATA[Kirana Intaniasari]]>
<![CDATA[ BESTUUR Vol 8, No 2 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i2.43141
<![CDATA[This study aims to determine the model of oil and gas governance in Indonesia in terms of the interests of the State to protect natural resources that should be controlled for maximum use for the prosperity of the people. This study is based on the results of normative legal studies that are descriptive. The type of data used is secondary data obtained from literature study data collection techniques, which are then analyzed by carrying out systematic interpretation of the law. Systematic means, making a classification of written legal materials, to facilitate the work of analysis and construction. The results of this study show that oil and gas management arrangements began in the Dutch colonial period and continue to change with the times up to now, specifically the regulation of upstream oil and gas. Upstream oil and gas management has changed several times, namely the Concession system, the Contract of Work system, Production Sharing Contract (PSC) and finally the Gross Split Production Sharing Contract. The emergence of Gross Split aims to improve the PSC system and improve the efficiency and effectiveness of oil and gas production sharing patterns. Even though Gross Split still has weaknesses, but when compared to the previous system, Gross Split is more in line with the country's goal of being as broad as possible for the people. Keywords: Mining; Gross Split; Welfare State.]]>
<![CDATA[Taxing Micro, Small and Medium Enterprises in Yogyakarta: Regulation and Compliance ]]>
<![CDATA[Siti Rahma Novikasari]]>;
<![CDATA[Duc Quang Ly]]>;
<![CDATA[Kerry Gershaneck]]>
<![CDATA[ BESTUUR Vol 9, No 1 (2021): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v9i1.49184
<![CDATA[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. ]]>
<![CDATA[Jaminan Perlindungan yang Berkeadilan bagi Tenaga Kerja Difabel Akibat Kecelakaan Kerja ]]>
<![CDATA[Ayu Dian Pratiwi]]>;
<![CDATA[Pius Triwahyudi]]>
<![CDATA[ BESTUUR Vol 7, No 2 (2019): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v7i2.40407
<![CDATA[This research aims to determine the suitability of the protection provided by business actors to workers with disabilities due to workplace accidents with Law No. 13 of 2003 concerning labor and other regulations relating to the protection of disabled workers. This study is a normative legal research that is prescriptive with statute approach and conseptual approach. Legal materials used include primary and secondary legal materials. The data collection techniques used are library studies, Cyber media, and field studies to directly clarify with BPJS Ketenagakerjaan Surakarta and PT. PLN Surakarta. The results of the study showed that the protection of disabled workers due to workplace accidents at PT. PLN Surakarta has not been fully implemented equitably. The companies in Surakarta have been cooperative enough to implement statutory provisions that prohibit the dismissal of workers for being disabled or sick due to workplace accidents, but this company has no special training and facilities provided to disabled workers, and in terms of employee recruitment also requires prospective employees to have complete physical conditions. In fact, with the different physical conditions (disabilities) after workplace accidents, the company should provide special training and facilities to support the physical shortcomings of workers as a form of responsibility. The law such as Constitution of 1945, Law Number 13 of 2003 concerning Labor and other related regulations are sufficiently complete in regulating the protection of rights for disabled workers, but in its implementation have not been fully implemented by business actorsKeywords: Equitable Protection, Disabled Workers, Workplace Accident.]]>
<![CDATA[Coherence of the Rules of Sharia Against Pancasila ]]>
<![CDATA[Zaidah Nur Rosidah]]>
<![CDATA[ BESTUUR Vol 8, No 1 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i1.42723
<![CDATA[This paper aims to find the coherence of sharia principles towards Pancasila. Pancasila as the philosophical basis of the state has an important role in the life of the nation and state. The principles of sharia are important principles for Muslims in muamalah. The type of research used is normative legal research to find coherence between sharia principles in Pancasila. The approach used is a conceptual approach. Secondary data were collected through literature study. Analyze the data using the syllogism method of deduction and interpretation, where the sharia principle is coherent with Pancasila. The results showed that first, the concept of ownership of property and payment of zakat and justice is coherent with the first, second and fifth precepts of Pancasila. Second, the principle of willingness is coherent with the second principle of humanity which is just and civilized, the principle of equality is coherent with the third principle of Indonesian unity, the principle of honesty and truth is coherent with the principle of the Almighty God and the second principle of fair and civilized humanity, the principle of benefit and mutual advantageous in line with the fifth precepts of social justice for all Indonesian people, the written principle in sharia principles is in line or coherent with the fourth principle of populism, which is led by wisdom in deliberation / marriage. Keywords: Coherence; Sharia Principles; Pancasila.]]>
