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<![CDATA[Efektivitas Pemanfaatan Dana bagi Hasil Cukai Hasil Tembakau dalam Bidang Kesehatan di Kota Surakarta Tahun 2018 ]]>
<![CDATA[Febry Wulandari]]>;
<![CDATA[Waluyo Waluyo]]>
<![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.v7i1.28418
<![CDATA[This study describes the application of Tobacco Excise Revenue Funds in Surakarta City and reviews the Efficiency of Use of Tobacco Excise Revenue Sharing Funds specifically in the Health sector in Surakarta City on 2018. This study is normative legal research, applies to provide an assessment that allows to be applied to conclusions that have been taken. This study uses a syllogism method with a deductive mindset. Primary legal material is a regulation that applies authoritatively, secondary legal material consists of books, legal journals, scientific articles and relevant research results and non-legal material consisting of interviews. The technique of receiving legal material in this legal discussion uses document studies and interviews. This study shows that issuing Profit Sharing Funds for Tobacco Excise in Surakarta City in the Health Sector on 2018 is in accordance with Law Number 39 of 2007 and PMK 222/PMK.07/2017 and has run quite effectively starting from financial performance and realization of program activities even though technical and juridical constraints. Keywords: Excise Revenue Funds, Tobacco, Health, Surakarta City.]]>
<![CDATA[Discourse on Creating a Special Environmental Court in Indonesia to Resolve Environmental Disputes ]]>
<![CDATA[Suwari Akhmaddhian]]>
<![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.v8i2.42774
<![CDATA[The purpose of this study is to determine the regulation of laws and regulations regarding environmental justice in Indonesia and how the concept of building environmental justice in the justice system in Indonesia. This research can be useful both practically and theoretically, practically. The research method used by researchers is the evaluative analysis method, which is a method of gathering and presenting data obtained to analyze the actual situation and then rational analysis is carried out based on juridical references through library research. The results of the research Regulations on the environment are already available namely Law Number 32 of 2009 concerning Environmental Protection and Management and building an environmental justice system starting from improving human resources namely the Supreme Court by consistently educating and training judges with knowledge of aspects of environmental law life that will later handle environmental cases; The Supreme Court makes a special assembly that handles environmental cases; The Supreme Court creates a special chamber that is integrated with the general court that handles environmental cases; The government is amending the 1945 Constitution specifically Article 24 by adding the judicial environment to the environmental court. The conclusion of the legislation is already available and must be used as well as possible and amend the laws and regulations so that bias can be created specifically for environmental justice. Keywords: Building; Environmental; Justice System.]]>
<![CDATA[Medicolegal Perspective on Physician-Induced Demand Issue ]]>
<![CDATA[Wulandari Berliani Putri]]>;
<![CDATA[Vita Widyasari]]>;
<![CDATA[Juliet Musabula]]>;
<![CDATA[Muhammad Jihadul Hayat]]>
<![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.v9i1.48281
<![CDATA[Physician-Induced Demand has long been a topic in the field of health science. However, compared to medical error or malpractice, PID receives less attention. The term PID itself is not recognized in Indonesian health regulations, but does it mean that the law permits it? This question is essential because the medical law insists that doctors perform medical efforts following professional standards and standard operating procedures. Physician-Induced Demand disguises an action that may manipulate and harm the patient's best interest. This study aims to shed light on the extent to which the medical law protects patients' rights from Physician-Induced Demand conduct. This study employs a juridical and normative approach. Primary resources were collected by investigating health regulations, while secondary resources were obtained from electronic databases. The result of this study shows that PID is a medical action against the will of law. Medical law requires that medical treatment be based on sound principles, such as following high-quality standards, honesty, fairness, humanity, nondiscrimination, efficiency, and effectiveness. Physician-Induced Demand, which tends to the interests of a physician, is opposed to those legal principles. Therefore, this study argues that Physician-Induced Demand violates the principles of medical law. It should be avoided under any circumstances. ]]>
<![CDATA[Analisa Kebijakan Hukum Lingkungan dalam Pengelolaan Pestisida ]]>
<![CDATA[Ivnaini Andesgur]]>
<![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.v7i2.40438
<![CDATA[In the modern era, the use of pesticides has become an inseparable part of the activities of farmers and the agricultural sector. However, pesticides are toxic and dangerous (B3) chemicals and include persistent organic pollutants (POPs) which have a negative impact on human health and the environment. This research is a doctrinal / normative legal research with a statutory approach. Data collected by library research, then analyzed qualitatively. There are several laws and regulations that have a correlation with the management of pesticides in Indonesia, namely Law No. 32 of 2009 concerning Environmental Protection and Management and several other laws / regulations. Law enforcement in pesticide management refers to 3 legal systems which are a combination of components, namely structure, substance, and culture. Besides that related to law enforcement in the management of pesticides can be studied from two sides, namely preventive and repressive law enforcement. Law enforcement in the management of pesticides has also become an embodiment of the central and regional governments in reducing the negative impact of pesticides on human health and the environment with the aim of raising awareness for the community as users, manufacturing plants, and the government that grants production permits for a good and healthy environment. . Keywords: Law Enforcement, Pesticides, Health and Environment.]]>
<![CDATA[Setting of Earth Oil Management in Old Wells Based on the Principle Social Justice ]]>
<![CDATA[Willy Naresta Hanum]]>
<![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.v8i2.42789
<![CDATA[This study aims to determine and explain the management arrangements for petroleum mining in old wells based on the principle of social justice. This study uses normative research methods with data sources in the form of primary and secondary legal materials. The results of the study show that the management of petroleum mining in old wells does not yet reflect the principle of social justice because the regulations governing mining occur overlapping multiple interpretations, conflictual and disobedient principles, which in turn creates disharmony between one rule and another. Keywords: Social Justice; Equitable Benefits; Community Participation.]]>
<![CDATA[Bureaucratic and Political Collaboration Towards a Good Governance System ]]>
<![CDATA[Nurfaika Ishak]]>;
<![CDATA[Rahmad Ramadhan Hasibuan]]>;
<![CDATA[Tri Suhendra Arbani]]>
<![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.v8i1.42922
<![CDATA[This research aims to know how is the synergy of bureaucracy and politics in realizing good governance. More specifically, what are the factors that influence the relationship between bureaucracy and politics in realizing good governance system. This study used a qualitative approach which is give description about the issues. The data collection technique used is literature study by examining and analyzing relevant literature such as books, journal articles, laws and regulations focusing bureaucracy, politics, and good governance systems. The results of the research showed that the synergy between bureaucracy and politics is absolutely necessary to realize good governance system. In addition, factors that affects relationships between them are aspect of authority/ power, human resources, and recruitment system. Bureaucracy and politics must be placed in the same stage to prevent superiority between bureaucracy and politics. A balanced relationship can be transformed into juridical restrictions. The empowerment of professionals in filling bureaucracy and politics must be prioritized in order to reduce corruption and nepotism that occurs in irrational recruitment systems. Keywords: Bureaucracy; Good Governance; Politics.]]>
<![CDATA[Transgender and the Right to Employment in India: Analysing the Trajectories of Discrimination ]]>
<![CDATA[Utkarsh K. Mishra]]>;
<![CDATA[Abhishek Negi]]>
<![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.v9i1.51997
<![CDATA[Every citizen of India is guaranteed the right to work under the Indian Constitution. However, policymakers, governments, and the Indian Judiciary have been keen only on laying down a framework concerning right to work. This tendency (un)wittingly affects the minority group—transgender people. In this sense, India currently appears to be lacking a well-defined anti-discrimination employment framework. Regarding this issue, this study aims to investigate the trajectories of transgender community discrimination face in the employment sector. This study is written in the context of human rights discourse analysis. This study argues that although the effort of the Supreme Court and the Government of India has taken a positive step to enhance the livelihood conditions of the transgender communities, it must be mentioned that this recognition is not ample to solve the problem. Although this recognition goes a long way in trying to secure the economic needs of the transgender community, social exclusion takes time to change simultaneously with the changing mindset of society. This Indian Judiciary policy should be followed by the guideline for enforcing the ‘Right to Work,’ especially concerning the transgender community.]]>
<![CDATA[Partisipasi Masyarakat dalam Pengelolaan Desa Sampah Mandiri di Desa Kalisoro, Tawangmangu, Kabupaten Karanganyar ]]>
<![CDATA[Chintami Dian Balenina]]>
<![CDATA[ BESTUUR Vol 7, No 1 (2019): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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<![CDATA[Kalisoro urban village is one of the tourism areas faced with the problem of increasing garbage pile and the absence of awareness of the waste. This problem really needs more attention especially in waste management. In this waste management is needed the help of participation from society. Waste management in Kalisoro Village is an independent waste management village that involves the society. In this management using the 3R method of Reuse, Reduce, and Recycle. This study aims to describe the participation of independent waste village management by describing the stages of participation society, the level of participation society, and the factors that influence community participation. This research is presented in qualitative descriptive form, using in-depth interview technique in data collection and also using data triangulation technique with interactive data analysis technique. In this research, the result of participation society in the management of the independent waste villages is managed by the community represented by the Non-Governmental Groups. Forms of participation society is to contribute ideas, energy, funds, and participate in waste collection. However, not all communities in Kalisoro Village participated directly. The level of participation society in Kalisoro Village includes Citizen Power. Keywords: Participation Society , Management of Waste.]]>
<![CDATA[Reconstruction of Mining Policies on Justice in Lampung Province ]]>
<![CDATA[Pane Erina]]>;
<![CDATA[Adam Muhammad Yanis]]>
<![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.v8i2.42830
<![CDATA[The purpose of research is to examine the mining potentials and policies that have been implemented in Lampung Province and to reformulate mining policies in Lampung Province, which on the one hand can improve the regional economy, on the other hand while maintaining environmental sustainability. Mining resources are a source of prosperity for the region, but it requires commitment from local governments, public institutions, the private sector and the community to conduct sustainable mining management. Sustainable management is able to meet the needs of the present, in the future and improve the health, prosperity of the environment and surrounding communities. Policies that can be carried out starting from licensing, monitoring post-mining land management, managing mine waste and compiling regulations that can support the realization of green mining and environmental conservation activities. The results of this study indicate that mining management in Lampung Province provides economic value to increase local revenue. However, it must be supported by environment-based policies, because mining activities have the possibility of an environment that becomes uncontrollably damaged. Efforts that can be done by local governments are by paying attention to licensing for managers, providing guidance, supervision, so that mining activities can be controlled and not damage the environment Keywords: Reformulation; Policy; Mining.]]>
<![CDATA[Aspek Hukum Import Sampah Plastik ]]>
<![CDATA[Solikah Ana Estikomah]]>
<![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.v7i2.40439
<![CDATA[Indeveloped countriesbannedtoxic waste began to be recorded afterproved disastrous. In addition there isa gap for the cost of treating waste plastic in the developed countries anddeveloping countries. The high cost ofwastewater treatmentin plastic developed countries in part due to the high cost of compliance and strict law. In contrast, the low cost sewage treatment plastic in developing countriesdue to the lack of law enforcement. On the other hand, as a result of the construction waste requires complextechnology for processing and finaldisposal of hazardous materials is increasingly narrows with increasingawareness of the importance ofenvironmental protection. Waste-producing countries plastic and then look for the easiestand cheapest way to dispose of waste. Poor countries thatare developing targeted for regulation lingkungannnyastill weak. The existence of import export plastic waste between advanced and developing countries may be said to have lastedlong enough for the re-emergence of international public awareness of thedangers of pollution is industrial waste. The analysis research was conducted in a juridical-normative manner based on literature studyKeywords: Waste, law, plastic, import ]]>
