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Contact Name
Abdul Kadir Jaelani
Contact Email
alanzaelani50@gmail.com
Phone
+62271-642 595
Journal Mail Official
FH.UNS@UNS.AC.ID
Editorial Address
Ir. Sutami Street, No. 36A, Surakarta, Jawa Tengah 57126- Phone 0271-642595
Location
Kota surakarta,
Jawa tengah
INDONESIA
Bestuur
ISSN : 23023783     EISSN : 27224708     DOI : 10.20961
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
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Ahmad Siboy; Sholahuddin Al-Fatih; Devi Triasari; Hilaire Tegnan
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.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
The Role of Land Management Paradigm Towards Certainty and Justice Donna Okthalia Setiabudhi; Ahsan Yunus; Irwansyah Irwansyah; Andi Rifky
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.v11i1.71710

Abstract

To achieve land order, Indonesia implements the Sustainable Agrarian Regulation System (SPAB). The crucial issue, however, is whether the management of activities at this point has been conducted sustainably in order to establish justice and legal certainty in the community.   The purpose of this study is to examine a variety of issues concerning the Role of Land Management Paradigm Towards Certainty and Justice. This research is empirical with a qualitative approach. The results indicate that as the Dynamics of Population Growth and Rapid Progress was being constructed, soil quality began to deteriorate. For the exploitation and utilization of soil, therefore, effective, efficient, and sustainable land management is necessary.  It is widely acknowledged that sustainable land management is essential for halting land degradation, preventing desertification, and regenerating degraded areas. Given the complex options available to communities and landowners, Japan's policy is shifting its emphasis to policies pertaining to sustainable land use management by means of consensus building.
Reforming Marriage Registration Policies in Malaysia and Indonesia Arifki Budia Warman; Wahyu Abdul Jafar; Musda Asmara; Arwansyah bin Kirin; Sheikh Adnan Ahmed Usmani
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.v11i1.66320

Abstract

This study aims to explain the reform of marriage registration policies in Indonesia and Malaysia. Marriage registration policies in Indonesia and Malaysia have yet to be appropriately implemented. This is proven by the fact that many unregistered marriage practices exist. This study is a literature and field research. Data was collected through documentation and interviews. This study found that the States of Indonesia and Malaysia have issued policies regarding the mandatory registration of marriages. Even so, there are still many unregistered marriages. There are many factors behind the occurrence of unregistered marriages, besides also causing problems. The government needs to reform the marriage registration policy, one of which is through digitalization. The State of Indonesia has innovated marriage registration, namely, online registration of marriages. However, this policy was implemented less effectively below. Meanwhile, the Malaysian state still needs to renew its marriage registration policy. Therefore, in this digital era, it is necessary to have a policy for registering marriages in the direction of complete digitization so that problems can be appropriately resolved.
Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia Tanto Lailam; Nita Andrianti
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 Gde Made Swardhana; Seguito Monteiro
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 Yahya Ahmad Zein; Aditia Syaprillah; Rafiq Idris
BESTUUR Vol 11, No 2 (2023): Articles In Press
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 Mohammad Thoha; Abdul Haq Syawqi; Mohammad Zaini Yahaya; Dimas Danar Septiadi; M Haris Hidayatulloh
BESTUUR Vol 11, No 2 (2023): Articles In Press
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.