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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 6 Documents
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Search results for , issue "Vol 9, No 2 (2021): Bestuur" : 6 Documents clear
The Legal Protection Against Child Marriage in Indonesia Rizky Irfano Aditya; L.B. Waddington
BESTUUR Vol 9, No 2 (2021): 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.v9i2.55144

Abstract

Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.
The Legal Policy of Executability in the International Arbitral Tribunal Decision Rachel Georghea Sentani; Mathijs ten Wolde
BESTUUR Vol 9, No 2 (2021): 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.v9i2.54451

Abstract

The growing number of investment disputes indicates more challenging and controversial matters in the various arbitration practices. However, the International Centre for the Settlement of Investment Disputes (ICSID) rules do not entirely solve the problem in the arbitration process. This study aims to explain how the ICSID tribunal’s inherent reconsideration power can be exercised to “fill the gap” in arbitration proceedings. This study concludes that it can be enforced under Article 44 of the ICSID Convention, which decides the question submitted to the tribunal that the ICSID Convention does not cover. Second, in completing this study, the wording of Rules 19 of Arbitration Rules gives an almost similar order to the tribunals in the case of absence in the conduct of proceedings. Third, under Rule 38 (2) Arbitration Rules, the tribunals can exercise the reconsideration power when discovering new facts that decisively affect the case's outcome.
Mining Corruption and Environmental Degradation in Indonesia: Critical Legal Issues Hilaire Tegnan; Lego Karjoko; Jaco Barkhuizen; Anis H Bajrektarevic
BESTUUR Vol 9, No 2 (2021): 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.v9i2.55219

Abstract

Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.
A Critical Analysis of Causation Rules in Marine Insurance Bima Manopo; Robert Merkin QC
BESTUUR Vol 9, No 2 (2021): 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.v9i2.55165

Abstract

The United Kingdom has regulated Marine Insurance in great detail in some laws and regulations, but these regulations do not seem to have been fully implemented. This study will discuss the Causation Rules in Marine Insurance. More specifically, this article has looked at the impact of the development of the causation rules in marine insurance after implementing MIA 1906. This study argues that the efficiency test is now be regarded as a historical precedent of the causation rules. What is clear is that the operation of the efficiency test alters the rule which previously relied on a question of law by looking at the latest cause of the loss to recognize a question of fact by measuring the most predominant cause of the loss. However, it does not mean that the newest cause of the loss is automatically disregarded. An immediate cause may be proximate if it has an efficient and predominant effect to cause the loss.
Social Enterprise and Taxation Policy: A Systematic Literature Review Mohd Rizal Palil; Ida Suriya Ismail; Nor Hazila Mohd Zain; Allif Anwar Abu Bakar
BESTUUR Vol 9, No 2 (2021): 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.v9i2.55569

Abstract

Malaysia is likely to introduce new laws on social enterprises of taxation. However, the important questions are whether the said laws are adequate. This study explores previous research on social enterprises and taxation to gain a further understanding through a systematic literature review on social enterprises and taxation from the Malaysian perspective. This is normative legal research. The data was gathered through library research which consisted of numerous publications. This study concludes that tax and social enterprises, perhaps due to the different economic structures in each country, result in taxation being slightly discussed by previous scholars. Nevertheless, we clearly define social enterprises from different perspectives, including the characteristics present in social enterprises. Moreover, the perspective regarding tax relief for social enterprises in Malaysia has been highlighted. Although Malaysia has introduced a new policy to support its social enterprises with Social Enterprise Accreditation, a more significant regulatory or tax incentives approach is needed to support social enterprises in Malaysia.
The Legal Reform Policy on the Shariah Supervisory Board Role’s in Indonesian Shariah Banks Devi Triasari; Francesco de Zwart
BESTUUR Vol 9, No 2 (2021): 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.v9i2.55173

Abstract

As Muslim majority country, Indonesia experiences the mushrooming of banks based on Islamic values (called shariah banking). The existence of sharia banking is followed by legal policies intended to support the progress of the business sector, including regulations regarding the Sharia Advisory Board, but the question is whether the policy is effective in the development of sharia banking in Indonesia. Adherent to that context, this study aims to examine the issues faced by the Sharia Supervisory Board in Indonesia. This study argues that there are at least fifth substantial problems related to the policies of the Sharia Supervisory Board in Indonesia, namely: (1) not all Shariah Supervisory Boards in Islamic business units have supported by a strong legal basis on which their operations are inducted to; (2) members of the Shariah Supervisory Board are appointed mostly based on their charisma and popularity in society, not of their knowledge and experience in related field; (3) ideally Shariah Supervisory Board must have recognized the banking system before becoming Shariah Supervisory Board, but the basic knowledge is not easy to understand when entering on technical issues; (4) many Shariah Supervisory Boards are not focused on shariah banks supervision duty because of their multi profession; (5) lack of advice related to product innovation and social needs issues.

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