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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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The Role of Local Governments in the Defense of Leading Products Resti Dian Luthviati
BESTUUR Vol 8, No 2 (2020): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

This study aims to explain and show the role and influence of local government policy and political law in protecting and developing Geographical Indications as a regional superior product. This article is the writing of normative law using the legislative approach method. The results of the study indicate that the policy and political law of the local government greatly affect the protection and development of Geographical Indications as a regional superior product, this is clearly seen in two ways, namely: a. The Regional Government of Sleman Regency provided assistance, with assistance from the Regional Government and after being officially requested by the Pondoh Salak Farmers Community of Sleman District, finally the pondoh salak variety succeeded in obtaining a geographical indication certificate in August 2013, b. Protection and development of Muntok White Pepper Geographical Indication products are inseparable from the role of the Regional Government of Bangka Belitung Province. H Eko Maulana Ali through the Governor Regulation of Bangka Belitung Province. Keywords: Political Law, Local Government, Geographical Indications.

The Implementation of Labor Development Principles According to Job Creation Law as a Reason to Protect Wages Rights Nur Putri Hidayah; Quincy R. Cloet; David Pradhan
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Wage is a fundamental right of labor. Since the passage of the Job Creation Law, the wage policy has changed. In order to aid national development, the wage is ruled to be distributed following the principle of job creation. Instead of bringing peace, that change has led to public criticism towards the Job Creation Law, which is deemed to injure labor rights. This study aims to analyze the legal protection and the implementation of labor development principles in the Job Creation Law. This study is normative legal research and applies a juridical approach. The primary data were obtained from the regulation analysis, while the secondary data were collected from a literature review regarding wage rights. This research reveals that the legal protection of wages in the new regulation is not far better than the previous law. The wage policies initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. By the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members.

Sinergisitas Penegakan Hukum Pada Kasus Pertambangan Emas Tanpa Izin di Kabupaten Banyumas, Jawa Tengah Eni Muryani
BESTUUR Vol 7, No 2 (2019): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Traditional unlicensed gold mining is found in various places in Indonesia. Mining is carried out by the people and processing gold using mercury, solely to make ends meet, they do not think the impact on environmental damage and pollution and legal aspects that can ensnare it. The purpose of this paper is to evaluate the synergy of the legal umbrella and law enforcement practices in unlicensed gold mining (PETI), especially in the case of gold mining in Banyumas Regency, Central Java Province. The research method used is juridical-normative. The research data used are primary and secondary legal materials. The results showed that gold mining carried out without permission in Banyumas District was prone to cause pollution to the environment and workplace accidents. The rise of unlicensed gold mining makes it difficult for government supervision. All existing regulations and laws in synergy regulate how the people's gold mining activities should not create problems for the environment. It's just that implementation in the field is still a lot of violations, especially licensing issues. Law enforcement against illegal gold mining is carried out with preventive and repressive measures. Keywords: Banyumas, Law Enforcement, Gold Mining.

The Urgency of Granting Authority to Assess Corruption Justice Collaborators Triwanto Triwanto; Esti Aryani
BESTUUR Vol 8, No 1 (2020): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

This study aims to determine the urgency of the authority of investigators in the determination of justice collaborators in criminal acts of corruption. In answering the above problems, the research method used is doctrinal research. This study applies a case approach and concept. While the method of data collection is done by examining case studies and literature studies or mere secondary data. So if the Urgency of Giving the authority of the investigator in questioning the determination of justice collaborator in a criminal act of corruption, the author sees that there are 3 (three) things that become the basis for the urgency of granting authority to determine Justice Collaborator by the investigator, including: a. philosophical, b. juridical, and c. sociological. said to be important because it has become a common perception for investigators and police investigators about the massive and organized circulation of corruption networks at this time, in the investigation process often investigators find the potential of the existence of a saski crown that could become the role of justice collaborator. Keywords: Justice; Justice Collaborator; Corruption.

Legal Perspective on Effectiveness of Pre-Work Cards for Indonesian People Najella Zubaidi; Regy Gusti Pratama; Sholahuddin Al-Fatih
BESTUUR Vol 8, No 1 (2020): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Many populations in Indonesia have made various problems that arise one of the problems of unemployment that occur in Indonesia. Many unemployment certainly makes the Indonesian economy decline, of course it becomes the duty of the government in overcoming the decline in the Indonesian economy and the issue of unemployment which is surged annually especially in the year 2020. Indonesian President Joko Widodo has created a pre-work card program which is expected to suppress the unemployment rate in Indonesia. With community pre-work cards can increase productivity and competitiveness of work and improve work competence. The community who participated in the pre-employment card program will be provided with training and incentives during the pre-work card training. But the government itself does not guarantee after joining the pre-employment program, people will get a job or not. Of course again this is a government task to be able to open extensive jobs for the people of Indonesia but this also needs to get support and participation from the people of Indonesia to make this pre-work card a successful program and can suppress the unemployment rate in Indonesia. Keywords: Pre Work Cards; Unemployment; Effectiveness.

The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada Loresta Cahyaning Lintang; Adriano Martufi; J.W. Ouwerker
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Indonesia has recognized and implemented blasphemy law within its legal system. Nevertheless, by many scholars, it is considered ambiguous and "no perimeter", which leads to the question of its legal certainty. Blasphemy is different across religions and legal systems, particularly in Ireland and Canada. This study seeks to examine how Indonesia, Ireland, and Canada rule blasphemy. To analyze information about the regulation of blasphemy in those countries, a comparative legal approach is utilized. The result of this study shows that blasphemy laws are heterogeneously written by the national legislation of Indonesia, Ireland, and Canada. Irish blasphemy law includes the element of mens rea, protect all religions in the country. Irish government clearly defines blasphemy law as a limitation of the freedom of expression. Canada does not regulate its blasphemy law strictly but use precedents to maintain the certainty and predictability. Mirroring to these two countries, Indonesian blasphemy law should be reconstructed into five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying mens rea element, measuring the ‘threat to public’ elements, and more professional law enforcement officers.

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

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

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

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

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.

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Abdul Kadir Jaelani

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alanzaelani50@gmail.com

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+62271-642 595

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Ir. Sutami Street, No. 36A, Surakarta, Jawa Tengah 57126- Phone 0271-642595

Location
Kota surakarta,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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