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INDONESIA
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 67 Documents
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Rethinking Criminal Law Policies in Taxation to Overcome Tax Violations Bambang Ali Kusumo; Siti Marwiyah; Nur Rohim Yunus
BESTUUR Vol 10, No 2 (2022): 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.v10i2.62064

Abstract

Taxes are the largest source of state revenue for Indonesia's development, but the tax compliance rate of Indonesians is still low. This study aims to analyze issues related to rethinking criminal law policies in taxation to overcome tax violations. This is normative legal research that uses statutory and comparative approaches. The results of the study show that criminal acts in the field of taxation are included in criminal acts in the field of administrative law, which is known to be simple and flexible in law enforcement as long as the purpose of the law is achieved, namely that taxpayers are willing to pay taxes according to their obligations.
The Legal Rights and Challenges of COVID-19 Patients Accessing Private Healthcare in Nigeria Paul Atagamen Aidonojie; Nosakhare Okuonghae; Kingsley Eghonghon Ukhurebor
BESTUUR Vol 10, No 2 (2022): 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.v10i2.68118

Abstract

The COVID-19 pandemic has overwhelmed healthcare providers all over the world. Nigeria has also had its fair share of the health crisis caused by COVID-19. Despite the apparent shortcomings of public healthcare in combating the COVID-19 pandemic, the participation of private healthcare providers in caring for COVID-19 patients in Nigeria has been limited by legal and regulatory constraints. This study employs a hybrid research method. The study found insufficient medical facilities and care for COVID-19 patients in government-owned isolation centers. It was concluded and recommended that there is a need to whittle down the laws and regulations limiting private health providers from caring for COVID-19 patients. Furthermore, there is a need to set some ethics and guidelines for private healthcare providers who intend to care for COVID-19 patients.
The Regulation of Defendant’s Religious Identity in Court Decisions Nandang Sutrisno; Despan Heryansyah; Sahid Hadi; Christopher M. Cason
BESTUUR Vol 10, No 2 (2022): 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.v10i2.61409

Abstract

This study focuses on using religious attributes in the trial process of corruption cases in Indonesia, the judge’s consideration of the decency of a defendant, and the regulation of a defendant’s religious identity in the court decision. By identifying the judge’s perspective on a defendant's religious attributes and aspects of decency as an interpretative scheme and constructing their significance on it, this study also presents an analysis of the application of the principle of impartiality of judges and courts based on the Bangalore Principles. Impartiality itself is positioned as the bedrock of judicial integrity. With a field-based research method, this study reveals that religious identity has influenced judges and court decisions, especially considering mitigating factors in criminal sentencing. These findings indicate that the Bangalore Principles fall short of clear guidelines to counter such bias and a clear framework in Indonesia’s judiciary to restore its integrity.
The Legal Policy of Criminal Justice Bureaucracy Cybercrime Agus Raharjo; Rahadi Wasi Bintoro; Nurani Ajeng Tri Utami
BESTUUR Vol 10, No 2 (2022): 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.v10i2.64498

Abstract

Cybercrime has resulted in astronomical losses for the business community. However, the reactive policy model must be more effective at preventing cybercrime, and the due process model is also inappropriate for combating cybercrime with a high level of speed and mobility. This study is normative legal research employing a conceptual strategy and case studies. The results indicate that the reactive model must be improved in order to prevent cybercrime. The model of due process is not appropriate for deterring cybercrime with a high degree of speed and mobility. The preventative law enforcement strategy is effective, but it requires a high level of law enforcement capability to detect and disable cybercrime, which is something that few Indonesian law enforcement officials possess. Prevention based on the user, which places responsibility on internet users, is fine for individuals but not for businesses. Based on collaboration between corporations, universities, civic society, and non-governmental groups, the collaborative model synthesizes the aforementioned paradigms. Because they are based on plans or roadmaps created by internet stakeholders, regulations, technical aspects, and law enforcement may be effectively implemented and developed.
The Effect of Indonesia Philanthropy’s Regulation Towards the Welfare State Mukhlishin Mukhlishin; Khudzaifah Dimyati; Absori Absori; Jelang Ramadhan; Dinil Abrar Sulthani
BESTUUR Vol 10, No 2 (2022): 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.v10i2.63527

Abstract

Philanthropy has been very beneficial for social welfare. However, the regulation of philanthropy that governs philanthropy management institutions has not been successful in enhancing the welfare of the poor, particularly in post-COVID-19 tourism areas. This research explains the issue from a doctrinal normative perspective. The results indicate that the characteristics of philanthropy norms work as economic capital assistance, the regulation also should be able to identify the objectives and goals to be achieved for human welfare. Moreover, state and private institutions manage philanthropy independently, freely, and responsibly performing economic empowerment is developed with the existence of institutions that manage resources derived from philanthropic activities. These activities are based on the recommendations which are contained in scriptures and hierarchical juridical legitimacy containing transcendent norms.
Legal Protection of Indigenous Community in Protected Forest Areas Based Forest City Mohammad Jamin; Abdul Kadir Jaelani; Duc Quang Ly; Kerry Gershaneck
BESTUUR Vol 10, No 2 (2022): 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.v10i2.66090

Abstract

Indonesia has established regulations regarding the location of the National Capital. However, the important question is whether the Law is effective and whether the transfer of the National Capital has provided legal protection for indigenous peoples in the area designated as the National Capital. This study aims to analyze the protection of customary law communities in urban forest-based protected forest areas. This research is normative legal research, which uses secondary data with primary, secondary, and tertiary legal materials. The study results show that the state must finalize the Law on the State Capital, which also regulates the legal protection of Indigenous Peoples as a lex specialis provision. The Law on the State Capital must formulate norms that automatically guarantee the determination of the legal status of indigenous and tribal peoples.
The Strengthening Government Policies on Mineral and Coal Mining to Achieve Environmental Sustainability in Indonesia, Africa and Germany Suwari Akhmaddhian; Haris Budiman; Rahul Bhandari
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.v11i1.71279

Abstract

Indonesia has enacted a number of regulations dealing with issues of mining governance, and governance. However, the issuance of these various laws and regulations has resulted in illegal mining crimes resulting in environmental damage. The purpose of this study is to analyze sustainable mining governance policies in Indonesia, Africa and Germany. This research method uses a doctrinal legal approach. Resources have been compiled through an examination of mineral and coal mining laws and regulations, governance and environmental governance regulations, as well as reports from various authorities on the same subject. The results of this study show how Indonesia's previous mining law policies recognized local governments as the authority for licensing and monitoring mining activities. This policy was revoked based on the latest governance regulations and had an impact on the vacancy in monitoring mining activities at the district/city level, as a result of this vacancy there was environmental damage due to illegal mining and bad mining activities so that it was necessary to strengthen government policies in monitoring mineral and coal mining. Mining governance policies in Indonesia, Africa and Germany are currently starting to lead to environmental sustainability.
Cryptocurrency: Highlighting the Approach, Regulations, and Protection in Indonesia and European Union Gunawan A. Tauda; Andy Omara; Gioia Arnone
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.v11i1.67125

Abstract

The speed of the adoption and use of cryptocurrency that utilizes blockchain technology as its central infrastructure is expanding globally, including in Indonesia. It has promising prospects as a future asset and payment instrument. However, the regulations in Indonesia are often delayed and inadequate for dealing with cryptocurrency's developments. This research is intended to analyze the approaches, regulations, and protection of the use of cryptocurrency. This study argues that the regulatory approach to using cryptocurrency is balanced, while Indonesia has a partial status in cryptocurrency legality. The government’s protection of cryptocurrency investors is adequate in using cryptocurrency as a commodity traded on futures exchanges with a license from Bappebti. A progressive policy for establishing the Digital Asset Law by the government is important due to the resultant clarity in the regulatory status of cryptocurrency will allow the ecosystem to grow and promote innovation, thus harnessing the benefits of cryptocurrency while mitigating related risks.
The Rise of Centralistic Governance in Spatial Planning in Indonesia and Australia: A Comparative Study I Gusti Ngurah Parikesit Widiatedja; Mohammad Qadam Shah; Kadek Agus Sudiarawan; Pande Yogantara
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.v11i1.70120

Abstract

Since the Reformation, spatial planning governance has moved away from authoritarianism toward a more democratic style of government. However, the current Job Creation Regulation has heralded the return of the centralistic governance in spatial planning. Surprisingly, Australia is also experiencing this trend. This study will look at how the centralistic phase of spatial planning was implemented in Indonesia and Australia. By using a normative method, the results reveal that the spirit of centralization is obvious in the Job Creation Regulation. The central government has a dominating role in the implementation of spatial planning. It also controls the issuing of detailed plan. Because of the need to produce a digital map, the central government now has a power over the granting of spatial planning permission. In Australia, the local government evaluates and decides on the vast majority of planning applications. A countervailing tendency, nevertheless, has seen state governments take on some of the planning and decision-making duties once exercised by local governments. The state minister and development assessment panels are now responsible for authorization of significant projects. This pattern appears to depoliticize and simplify the application process for development projects, especially when those projects have financial advantages.
Governing Indonesia’s Plan to Halt Bauxite Ore Exports: is Indonesia Ready to Fight Lawsuit at the WTO? Muhamad Haris Aulawi; Yordan Gunawan; M. Hanaan Alfarizi; Manuel Campos Lago
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.v11i1.69178

Abstract

Every nation has natural resources that must be regulated by state law and used for community benefit. Indonesia, a major exporter of bauxite ore to Europe, plans to ban exports. Indonesia must prepare for a second EU nickel ore export lawsuit after the first from the nickel export ban. The study aims to determine whether Indonesia is guilty of issuing a policy to stop exports of bauxite ore. This research is a normative legal research uses the rule of law, law principles, and legal doctrines to solve legal issues. Books, journals, and the internet provided data for the research. Articles from previous bilateral agreements are also used. This research examines Monism and Dualism.The results of the study show that Indonesia is not entirely at fault, considering that Indonesia is a country that adheres to a dualism system in international law enforcement. However, Indonesia still needs to renegotiate the percentage of bauxite ore exports with the European Union, considering that Indonesia is already bound by the IEU-CEPA agreement. If Indonesia continues its plan to stop the total export of bauxite ore, then Indonesia can still be considered to have committed acts of default.

Page 6 of 7 | Total Record : 67

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