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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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Unprotected and Unparticipation Mental Health in Regulation Worker Wiryawan, I Wayan Gde; Nusantara, Gede Agung Wirawan; Artajaya, I Wayan Eka; Rabbim, Rizozoda Tura
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.v12i2.94378

Abstract

Unprotected mental health among employees can have a detrimental effect on productivity and the national economy. Nevertheless, Indonesia's present labor regulations do not include any specific provisions to safeguard workers' mental health. This research aims to identify and analyze issues regarding mental health workers that are often ignored, which cause decreased productivity and negative stigma for people experiencing mental health to medical personnel and facilities that are less qualified in protecting workers. This normative research examines legal texts, mainly primary and secondary legal materials. The results of the research show that, first, mental health problems in Indonesia are very complex, starting from the negative stigma that is still embedded in society regarding mental health diagnoses to regulations and law enforcement that do not support workers with mental health to recover from their illnesses. Second, based on Singapore, Singapore has a program and legal framework that supports public health and workers who experience mental health disorders monitoring that has been integrated with the system. Third, to overcome mental health problems for workers, there needs to be a clear regulatory framework that targets improving mental health, an integrated health monitoring system that is expanded to provide training for medical personnel, and health care quality.
Regulation of Workplace Sexual Harassment in Vietnam a Comparative Analysis with Australia Nguyen, Thang Chien; Doan, Yen Thi Hai; Luong, Vinh The; Nguyen, Duong Bach
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.v13i2.115237

Abstract

Workplace sexual harassment presents a systemic challenge to labour governance, human dignity, and equality at work. This research examines the regulation of workplace sexual harassment in Vietnam through a comparative legal analysis with the Australian approach, which emphasizes preventive and risk-based regulation. The study applies a socio-legal research design that integrates doctrinal legal analysis, functional comparative methodology, and institutional design theory to assess the legal scope of workplace sexual harassment, employers’ obligations, and enforcement and monitoring mechanisms. The findings demonstrate, first, that Vietnamese law formally recognizes workplace sexual harassment but relies primarily on reactive regulatory mechanisms, enumerative legal definitions, internal disciplinary processes, and victim-initiated enforcement. Second, the Australian regulatory approach conceptualizes sexual harassment as a systemic workplace risk and imposes proactive preventive obligations on employers, supported by independent oversight. These differences create a structural enforcement gap in Vietnam, where individual workers continue to bear the principal responsibility for prevention and enforcement. This research concludes that reform of Vietnamese law requires a transition toward a preventive regulatory framework that emphasizes organizational accountability, risk management, and proactive enforcement to ensure effective workplace protection.
The Regulations of the Supervisory Officer Personal Data Protection-Based Accountability Principle Yuspin, Wardah; Rajput, Trisha; Basu Bal, Abhinayan; Wardiono, Kelik; Absori, Absori
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.v12i1.89742

Abstract

This study examines The Model of Regulations Supervisory Officer Personal Data Protection-Based Accountability Principle: Lessons from Sweden. This study is a qualitative approach by reviewing and analyzing legal aspects and comparing laws. Even though Indonesia has a personal data protection law, misuse of personal data is still excessive. Owing to accountability basis PDP supervision arrangements have not been properly implemented. Meanwhile, Sweden was chosen as a comparison country since it was one of the first countries to have a personal data protection law. The result shows that in Sweden, personal data is regulated in the General Data Protection Regulation and the personal data supervisor well implemented the principle of accountability therefore it worked effectively. Meanwhile in Indonesia, given that a data protection supervisor has not been established, Protection of personal data is still carried out by each agency appointed by law on a sectoral basis and it deemed less effective in providing personal data protection. Therefore, the personal data supervisor with a single rule and direct responsibility to the president is the perfect model for Indonesia.
Social Security of Migrant Workers from Ukraine in EU Member States Zhuravel, Valeriy O.; Karpushova, Olena V.; Bielousov, Volodymyr D.; Platonova, Hanna; Dyachenko, Olha A.
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.v11i2.78777

Abstract

Labor migration is becoming a growing trend in the modern labor market. It has positive aspects, such as the redistribution of labor and the increase in human capital efficiency. However, along with other elements of a flexible labor market, labor migration can also threaten workers' social protection. The study of social security issues helps to assess the extent to which these workers have access to the necessary social services and benefits, which contribute to their well-being and encourage further contribution to the economy. The primary research method is system analysis, which considers social security as a complex system that includes various components, interrelationships, and influences. The research results found that EU legal acts are equality-oriented and give EU member states the opportunity to set their own rules for migrants coming from third countries. As the economic and social situation in different EU countries differs, member states are trying to preserve the shared values and principles of the Union while protecting their markets from additional social obligations related to the employment of third-country nationals. The priorities of Ukraine's migration policy are to protect citizens' rights and interests abroad and coordinate social security systems with recipient countries of Ukrainian labor migrants.
International Trade Dispute Settlement Under Free Trade Agreements: An Analsis of Indonesian Tax Court Verdicts Prasetia, Tomy; Zulfiqar, Faisal Labib; Baehaqi, Muhammad Nuh; Ilham, Muhammad
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.v13i1.101519

Abstract

This study analyses the lawsuits concerning the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) trade agreement within the Indonesian tax court between 2018 and 2025. The method of content analysis was performed to systematically categorise 71 verdicts based on the type of dispute, the evidence submitted, and the arguments of both disputants. The results outlined six key areas of disputes: time limits for submission of Certificate of Origin (COO), third party invoices, issuance of electronic COO, tariff classification, typographical errors and issues of completeness of the COO. These findings point to the fact that there exists a clear trend in the grounds for the acceptance and rejection of some decisions. For instance, uncontested cases are typified by data in contrast or different from the customs documents, while contested cases are those where evidence of sound form is submitted in adherence with certain pertinent laws. This trend buttresses the need to clearly and precisely fill in all documents in order to meet all the requirements of preferential tariff treatment as specified under AANZFTA rules. The legal implications of these findings are significant since they underscore that international regulations do not only form the basis of imposing for compliance but ensure that there will be no breeches in the trade relations. Recommendations are made in the research for enhanced management of AANZFTA regulations to prevent further disputes from arising in the future.
The Challenges of Decentralization Fiscal Regulations: Experience from the Philippines Elvira, Elvira; Susanto, Susanto; Soriano, Elmer Micu
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.v11i2.75247

Abstract

This research aims to understand, analyze, and detail the experience of fiscal decentralization in Indonesia and the Philippines. It explores the main challenges faced in implementing fiscal decentralization policies and valuable lessons that can guide other third countries planning to expand their local entities' fiscal authority. By comparing the experiences of the two, we can explore the similarities and differences in approaches and analyze their impact on economic development and local empowerment. The results show that decentralization in the Philippines is comprehensive and has one of Southeast Asia's most substantial legal bases. Moreover, each tier or each type of local government has a rather direct relation to the central government, especially in fiscal relationships, and is relatively independent compared to other countries in the region.
Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia Fahmi, Chairul; Stoll, Peter-Tobias
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.v12i2.94203

Abstract

Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues.
Indonesia’s Tax Performance and Dividend Tax Reform Policy: From Self to Official Assessment System Ibnususilo, Efendi
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.v13i2.114398

Abstract

Tax law reform in Indonesia aims to establish a simple, fair, and legally certain tax system within a self-assessment framework. One strategic aspect of this reform is dividend taxation, which lies at the intersection of state fiscal interests, economic neutrality, and investment competitiveness. This study analyzes Indonesia’s tax policy and the evolution of dividend tax reform through three main focuses the normative foundation and development of national tax policy strengthening the self-assessment system under the law on harmonization of tax regulations, the transformation of dividend taxation from a classical system to a single-tier approach with conditional exemptions; and implementation challenges related to legal certainty, regulatory structure, and taxpayer compliance culture. The research applies statute, conceptual, and comparative law approaches. The findings show that: first, strengthening self-assessment under HPP Law improves administrative efficiency but still faces challenges in tax literacy and normative consistency; second, dividend tax reform reduces the risk of double taxation but has not fully achieved normative simplification due to reliance on technical regulations; and third, regulatory fragmentation and the absence of certain statutory definitions create legal uncertainty that may affect compliance and system effectiveness. Accordingly, the study highlights the need for coherent normative reconstruction to enhance legal certainty, tax neutrality, and fiscal legitimacy in supporting national economic stability.
Nigeria's Adoption of Robotic Lawyers: Legal and Socio-Economic Challenges Aidonojie, Paul Atagamen; Eregbuonye, Obi; Adebayo, Adesoji Kolawole; Ekpa, Shedrack; Putra Perbawa, Ketut Sukewati Lanang
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.v12i1.89747

Abstract

Technological advancement has greatly enhanced the global environment, it has improved every facet of the global industry. Currently in Nigeria, the Legal Profession has taken a bold dive by incorporating the use of technology in enhancing the practice of law. However, the current innovation of robotic lawyers in most countries may seem to be consistent with their legal systems. In this regard, it suffices to opine that given the fact that Nigeria is a developing country, there are legal and socio-economic issues that may affect or truncate the adoption of a robotic lawyer in Nigeria. It is in this regard that this study adopted a hybrid method of research in ascertaining the relevance of robotic lawyers, and the legal and socio-economic issues. Questionnaires were distributed to 305 respondent residents in Nigeria. The study found that the current trend of robotic lawyers is quite impressive, however, the nomenclature of law concerning the study and practice of Law in Nigeria does not recognize a robotic lawyer. Furthermore, some socio-economic issues such as internet fraudster, unemployment, insecurity, and poor maintenance culture may pose a challenge to the adoption of a robotic lawyer in Nigeria. In this regard, it was therefore concluded and recommended that for a smooth adoption of robotic lawyers in Nigeria, there is a need for legal approval and streamlining their roles to mere advisory to a client, training of Nigerian lawyers and judges to enhance the legal profession.
The Urgency of Restorative Justice Regulation on Hate Speech Bawono, Bambang Tri; Glaser, Henning
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.v11i2.82508

Abstract

Regulations on the imposition of criminal sanctions in cases of hate speech on social media are, at some point, considered to degrade human rights to express opinions in the context of a democratic country. This research aims to provide an overview of resolving hate speech cases on social media using a restorative justice approach and how regulations should be created and developed. This research uses normative legal research methods using statutory and conceptual approaches. The concept proposed refers to the theory of restorative justice and the theory of establishing appropriate regulations. This research indicates that until now, there has been no strong and adequate legal basis for implementing non-penal resolution of hate speech cases through a restorative justice approach. In the Criminal Code, which revokes the article regarding hate speech in the Information and Electronic Transactions Law both before and after the Constitutional Court Decision, there is no reference to using a restorative justice approach in resolving existing cases. It is urgent to regulate restorative justice arrangements to guarantee legal certainty for the parties by considering recovery for damage and losses victims suffer based on a mutually agreed agreement. Restorative justice can mediate accusations of degradation of freedom of opinion and can maintain democratic values. Based on the regulatory formation process theory, some factors must be considered in designing and making restorative justice arrangements in hate speech cases.

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