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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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Reconstructing Village Druwe Land Administration to Protect the Communal Land in Bali Sukirno, Sukirno; Mahfud, Muh Afif; Malik, Muhammad Fahad
BESTUUR Vol 12, No 2 (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.v12i2.90365

Abstract

The phenomenon of individualization of customary land, which is communal land, occurs in many customary law communities in Bali, such as those in Bangli and Lembang. The reason for this phenomenon is that the land administration in Bali's customary law communities only includes the names of the people who control the customary land. This makes it difficult for indigenous villages in Bali to prove their rights to the land. This research aims to analyze the weaknesses in the administration of customary land in customary law communities in Bali and also to construct an ideal customary land administration to protect the communal rights of customary law communities over their land. This research is a non-doctrinal (socio-legal) research that examines the administration of customary land in reality and the understanding of indigenous peoples regarding this matter. This research is a prescriptive research that uses primary data obtained through in-depth interviews and analyzed qualitatively. This research identifies three primary weaknesses in the administration of customary land in Bali, namely weak legal pluralism, insufficiently participatory land policies, and the existence of land administration that is not detailed. Therefore, the ideal construction of customary land administration in Bali is a change in legal politics to strong legal pluralism including changes in the conversion provisions of the Basic Agrarian Law which convert customary land to property rights, participatory land administration even up to the stage of citizen control and also detailed land administration including land history, land mutation, land boundaries and land stewardship.
The Regulation Impact of Foreign Ownership on the Cooperation Projects Air Transportation Palguna, I Dewa Gede; Santosa, Anak Agung Gede Duwira Hadi; Shara, Made Cinthya Puspita; Karunian, Alia Yofira
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.v12i1.79217

Abstract

This study aims to identify, locate, and analyze constitutional issues regarding the impact of foreign capital ownership above 50% (fifty percent) in government-business cooperation projects, particularly in the area of public interest projects involving air transportation infrastructure. This normative research examines legal texts, mainly primary and secondary legal materials. This research found that, first, the changes in the Presidential Regulation regarding foreign investment in the field of public interest, such as airport services, were incompatible with the Constitution. The changes abolished the maximum percentage limit of foreign investment regulated in the previous provisions so that currently, foreign investment may carry out Government Cooperation with Business Entities on air transportation infrastructure projects without a percentage limit. Second, based on the Indonesian Constitution, ownership of air transportation should be under the state's authority, learning from China, which excessively applies foreign investors in the air transportation sector, causing consumer welfare to be affected by very high airplane ticket prices.
The Impact of Tax Havens on Domestic Legislative Regulation in Selected States Ilyas, Akylbek; Gukasyan, Gurgen; Chernov, Sergei; Kosarev, Vladimir
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.v13i2.93704

Abstract

The expansion of the offshore economy poses significant challenges to national tax systems by facilitating tax evasion, profit shifting, and income concealment, thereby undermining fiscal sovereignty. This manuscript examines the impact of tax havens on national tax legislation and analyzes legal responses to offshore-based tax avoidance within domestic legal frameworks. The study applies a normative juridical method by conducting comparative legal analysis and statutory review of recent legislative developments in the United Kingdom, the European Union, and the Russian Federation. The findings demonstrate, first, that the OECD Base Erosion and Profit Shifting (BEPS) Action Plan functions as a central reference for tax law reform in both OECD and non-OECD jurisdictions and, second, that national legal systems increasingly strengthen regulatory mechanisms to enhance corporate transparency, particularly through mandatory disclosure of ultimate beneficial ownership and expanded information-exchange obligations. These trends indicate a growing convergence of domestic tax laws toward international standards aimed at preventing offshore tax abuses and reinforcing the effectiveness of tax enforcement.
Understanding Delegated Legislation in The Natural Resources Sector Fatih, Sholahuddin Al; Safaat, Muchamad Ali; Widiarto, Aan Eko; Al Uyun, Dhia; Nur, Muhammad
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.v11i2.78125

Abstract

The formation of statutory regulations is based on the authority to form. The formation of delegated regulations can originate from orders or authority. In the P3 Law, it is stated that delegated regulation is not only limited to (or “there is a space for delegated regulations other than “) Government Regulations, Presidential Regulations, and Regional Regulations, so it becomes hyper-regulation. This happens in laws and regulations in the field of natural resource management. This article aims to explain the condition of existing delegated regulation in the field of natural resources and its impact on the use of natural resources. The results of this research show that the position and types of delegated regulation in the field of natural resources are not only in the form of Presidential Regulations, Government Regulations, Ministerial Regulations, and Regional Regulations but also delegated legislation regulated in Article 8 of the P3 Law, which is not small in number The implications of delegated legislation can provide technically detailed implementing regulations down to the lowest level institutions/institutions. However, delegation not explicitly limited by the delegation criteria causes hyper-regulation by the executive agency through its functional authority. Apart from that, it opens space for unsynchronization between the substance of higher regulations and delegated regulations, thereby causing ineffective use of natural resources. This study recommends that changes be made to the Law on the Establishment of Laws and Regulations, especially concerning its hierarchy.
Early Detection Policies Prevent Non-Procedural Indonesian Migrant Workers Irawati, Ida; Susanti, Susanti; Wasistiono, Sadu; Broto, Mani Festati
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.v13i1.107768

Abstract

Non-procedural migration in Indonesia presents serious legal and human rights challenges, particularly in the deployment of migrant workers outside formal governance frameworks. These practices increase vulnerability to human trafficking and cause violations of fundamental rights, including inadequate health protection in host countries. This study examines the effectiveness of early detection policies in preventing non-procedural Indonesian migrant workers and proposes an alternative preventive model. The research applies a qualitative approach and analyzes data collected between November 2024 and June 2025 through document analysis and in-depth interviews using NVivo 12. The findings indicate that, first, institutions fail to coordinate effectively and allocate sufficient resources to implement early detection policies; second, village-level governments do not actively engage in prevention efforts, which limits outreach and weakens migration literacy in migrant-sending communities; and third, prospective migrant workers rely predominantly on brokers and informal networks for migration-related information. Based on these findings, this study introduces the IR-NET (Networking for Early Detection) model as a strategic innovation to strengthen early detection mechanisms and enhance the prevention of non-procedural migration.
Halal Food on Airplanes in Indonesia: Does it Provide Optimal Information? Yahanan, Annalisa; Turatmiyah, Sri; Albariansyah, Hamonangan; Febrian, Febrian; Nurhidayatuloh, Nurhidayatuloh
BESTUUR Vol 12, No 2 (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.v12i2.93620

Abstract

The majority of Indonesia’s population adheres to Islam. Therefore, it is essential that food consumption complies with Islamic law, including food consumed on airplanes. However, the information available to passengers regarding the halal status of food remains unclear. The purpose of this study is to analyze the regulation of halal products in Indonesia and to analyze the right to halal product information provided by Indonesian airlines during flights. The research was conducted normatively using a legislative and conceptual approach. Data on halal food information was obtained through internet searches and the food provided by airlines. The results showed that the regulation of halal products in Indonesia more clearly provides protection to consumers than in the Netherlands. Indonesia requires every food product in circulation and trade to include a halal label, namely the halal logo and halal certificate number without exception, while in the Netherlands this is not the case. In Indonesia, food information with a halal label on the plane, not all of them include it on the packaging of food products even though they already have a halal certificate. Passengers will be more comfortable and confident if the halal label information is easy to find and easy to read either on product packaging or in certain places.
Rethinking Global Institutions in Environmental Protection: Guardians or Bystanders? Khater, Maya; Alkaabi, Aishah; Qutieshat, Enas; Alameri, Maitha; Alkaabi, Hamda
BESTUUR Vol 14, No 1 (2026): Article in Press: 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.v13i2.115011

Abstract

Global environmental degradation, driven by climate change, resource overexploitation, and rapid urban expansion, challenges the effectiveness of international institutions in functioning as genuine guardians rather than passive bystanders in environmental protection. This study critically examines the role of international organizations by analyzing their legal and institutional frameworks, evaluating their practical performance, identifying key implementation constraints, and formulating reform-oriented measures. The research applies a descriptive, analytical, critical, and inductive approach through a systematic assessment of international legal instruments, institutional practices, and relevant scholarly discourse. The study finds that environmental degradation continues to intensify despite the proliferation of international agreements, indicating a persistent gap between normative commitments and practical outcomes. Limited national capacities, weak coordination among international institutions, and the absence of effective enforcement mechanisms significantly undermine institutional effectiveness. Consequently, many international obligations operate at a formal level without achieving substantive implementation. The study concludes that strengthening international environmental governance requires comprehensive legal and institutional reforms that enhance compliance, improve coordination, and ensure effective enforcement of environmental obligations.
Legitimacy of Social Justice in the Terrorism Regulations: Insight from Several Countries Masyhar, Ali; Aisy, Rohadhatul; Bahodirovna, Akhmedova Mehrinigor; Mukhanova, Gaini
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.v12i1.78576

Abstract

Indonesia continues to experience recidivist terrorism regularly as a result of the injustices it faces. As a result, it is critical to prioritize the legitimacy of social justice for both victims and perpetrators, as well as adopt a humanitarian approach to non-criminal terrorism to mitigate and avert criminal acts of terrorism. This research aims to analyze the legitimacy of social justice in counterterrorism environments. This research employs normative juridical research to compare the counterterrorism regulations of several countries that incorporate social justice legitimacy. The findings of this research show that, first, it is crucial to integrate procedural justice and legitimacy principles into counterterrorism initiatives to preserve public confidence in the justice system, prevent exploitation, and uphold human rights. Second, it is critical to compare other countries' terrorism regulations to understand and evaluate their strategies for enhancing international cooperation and preventing terrorist attacks. In response to persistent terrorist threats, the United Kingdom, Pakistan, and the European Union implemented more ambitious counterterrorism strategies and incorporated social justice into their policies. To achieve effective and socially just terrorism regulations, Indonesia must adopt regulations in these countries.
Research on the Development of Public Administration in Lithuania Guogis, Arvydas; Gudelis, Dangis; Smalskys, Vainius; Rakšnys, Vincas Adomas; Sukvietiene, Ausra; Reinholde, Iveta
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.v11i2.80300

Abstract

Research conducted on public administration in Lithuania covers various subjects related to different fields and activities within the public sector. However, most research focuses only on challenges associated with the civil service and local self-government in Lithuania. This research aims to define public administration research and improve understanding of the progress and trajectory of contemporary public sector research in Lithuania. The research methods include document analysis, qualitative descriptive approaches, and historical data analysis. Moreover, the triangulation method verifies research results by integrating data and observations from many sources. The research results found that in the development of public law in Lithuania, researchers in the field of Lithuanian public administration focused on the goals of government reform, civil service modernization, creative solutions, and trends and reforms in central and regional administration. They also concentrate on social policy procedures, improving public governance, and intelligent examination of public administration. Lithuanian authors also focus on improving public governance through the use of the concepts of cooperation, participation, and teamwork. The study of Lithuanian public administration is closely related to the evolution of traditional public administration, focusing on evaluating new public management practices and implementing various public management innovations in government sector organizations since the start of state restoration. Future directions of public administration research in Lithuania will focus on addressing the challenges faced by the public sector and society in other countries. These challenges include sustainable development, climate change, gender equality, and other contemporary issues that directly or indirectly impact the public sector.
Regulatory Challenges of Anglo-Saxon Corporate Dispute Resolution Policy in Kazakhstan Baikenzhina, Shiryn; Ilyassova, Gulzhazira; Sabyrova, Karina; Khamzin, Yerdos; Abdakimova, Dana
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.v13i1.98024

Abstract

In recent years, Kazakhstan has incorporated selected elements of the Anglo-Saxon legal system as part of efforts to modernize its legal framework and create a favorable business environment. One of the most prominent manifestations of this approach is the establishment of the Astana International Financial Center (AIFC), which applies legal standards derived from common law traditions. This study aims to analyze the challenges associated with adapting common law mechanisms for the resolution of corporate disputes within Kazakhstan’s predominantly civil law, based legal system. The research employs a normative legal method with statutory and comparative law approaches to examine the fundamental principles governing corporate legal relations. The discussion focuses on three main aspects: (i) the implementation of common law practices and mechanisms in Kazakhstan as part of the process of global legal convergence; (ii) the application of common law standards and procedures in jurisdictions with civil law and mixed legal systems through comparative analysis, particularly in France and the United Arab Emirates; and (iii) the compatibility of common law elements with Kazakhstan’s legal framework, including the normative and institutional challenges affecting corporate dispute resolution. The findings indicate that although elements of case law have been increasingly integrated into corporate dispute resolution in non-common law jurisdictions, their application in Kazakhstan remains limited and is largely confined to the jurisdiction of the AIFC Court. Nevertheless, the emerging practice of this court demonstrates a gradual process of integration that holds promising prospects for the development of corporate dispute resolution in Kazakhstan.

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