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<![CDATA[The Strengthening Government Policies on Mineral and Coal Mining to Achieve Environmental Sustainability in Indonesia, Africa and Germany ]]>
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Haris Budiman]]>;
<![CDATA[Rahul Bhandari]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.71279
<![CDATA[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 This policy was revoked based on the latest governance regulations and had an impact on the vacancy in monitoring mining activities at the district/city level, as a result of this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.]]>
<![CDATA[Cryptocurrency: Highlighting the Approach, Regulations, and Protection in Indonesia and European Union ]]>
<![CDATA[Gunawan A. Tauda]]>;
<![CDATA[Andy Omara]]>;
<![CDATA[Gioia Arnone]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.67125
<![CDATA[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.]]>
<![CDATA[The Rise of Centralistic Governance in Spatial Planning in Indonesia and Australia: A Comparative Study ]]>
<![CDATA[I Gusti Ngurah Parikesit Widiatedja]]>;
<![CDATA[Mohammad Qadam Shah]]>;
<![CDATA[Kadek Agus Sudiarawan]]>;
<![CDATA[Pande Yogantara]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.70120
<![CDATA[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.]]>
<![CDATA[Governing Indonesia’s Plan to Halt Bauxite Ore Exports: is Indonesia Ready to Fight Lawsuit at the WTO? ]]>
<![CDATA[Muhamad Haris Aulawi]]>;
<![CDATA[Yordan Gunawan]]>;
<![CDATA[M. Hanaan Alfarizi]]>;
<![CDATA[Manuel Campos Lago]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.69178
<![CDATA[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.]]>
<![CDATA[Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State ]]>
<![CDATA[Ahmad Siboy]]>;
<![CDATA[Sholahuddin Al-Fatih]]>;
<![CDATA[Devi Triasari]]>;
<![CDATA[Hilaire Tegnan]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.71055
<![CDATA[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.]]>
<![CDATA[The Role of Land Management Paradigm Towards Certainty and Justice ]]>
<![CDATA[Donna Okthalia Setiabudhi]]>;
<![CDATA[Ahsan Yunus]]>;
<![CDATA[Irwansyah Irwansyah]]>;
<![CDATA[Andi Rifky]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.71710
<![CDATA[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.]]>
<![CDATA[Reforming Marriage Registration Policies in Malaysia and Indonesia ]]>
<![CDATA[Arifki Budia Warman]]>;
<![CDATA[Wahyu Abdul Jafar]]>;
<![CDATA[Musda Asmara]]>;
<![CDATA[Arwansyah bin Kirin]]>;
<![CDATA[Sheikh Adnan Ahmed Usmani]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.66320
<![CDATA[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.]]>
<![CDATA[Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia ]]>
<![CDATA[Tanto Lailam]]>;
<![CDATA[Nita Andrianti]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.70052
<![CDATA[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.]]>
<![CDATA[Legal Policy of State Financial Losses Arrangement In A State-Owned Enterprise ]]>
<![CDATA[Gde Made Swardhana]]>;
<![CDATA[Seguito Monteiro]]>
<![CDATA[ BESTUUR Vol 11, No 1 (2023): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v11i1.61326
<![CDATA[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.]]>
