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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 67 Documents
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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.
Reduce Corruption in Public Procurement: The Effort Towards Good Governance Satria Unggul Wicaksana Prakasa; Asis Asis; Mualimin Mochammad Sahid
BESTUUR Vol 10, No 1 (2022): 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.v10i1.51339

Abstract

The Corruption Eradication Commission is introducing new laws on corruption. However, the crucial questions are whether the said laws effectively decrease corruption cases, including corruption in public procurement. The number of factors that result in corruption is increasing, especially in the public procurement sector. One of the most important things that can't be ignored is that the public doesn't take part in supervision. This study aims to examine how to reduce corruption in public procurement through an effort towards good governance. The study takes a socio-legal approach. By reviewing some review literature relevant to public procurement corruption, as well as reports by multiple authorities tracking the same subject. This study concludes that public procurement law policies in Indonesia have not worked well. This is one of them, influenced by corrupt law enforcement officials and the irresponsible political elite. As a result, existing legal regulations are not properly implemented.
The Impact of COVID-19 on Challenges and Protection Practices of Migrant Workers' Rights Anom Wahyu Asmorojati; Muhammad Nur; Indah Kusuma Dewi; Hezlina Hashim
BESTUUR Vol 10, No 1 (2022): 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.v10i1.60179

Abstract

Indonesia has agreed to the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers. However, many cases have proved the vulnerability of the legal protection for Indonesian migrant workers in Malaysia. In other words, the consensus has not protected the workers. Therefore, this research was conducted to analyze considerations for the regulations designed to protect post-consensus migrant workers. The objective comprised three aspects: analysis of the legislation after consensus, the draft policy that realizes the consensus, and the enforcement based on the draft formulated to safeguard the rights of migrant workers—a normative juridical method used in this research. The results showed that the consensus is a soft law that does not have a binding effect and sanction, causing it vulnerable to a violation, especially among undocumented migrant workers.  Therefore, the research recommends bureaucracy reform to reduce the administrative costs for the migrant workers, allowing them to have better legal protection.
‘Misclassified Partnership’ and the Impact of Legal Loophole on Workers Nabiyla Risfa Izzati; Mas Muhammad Gibran Sesunan
BESTUUR Vol 10, No 1 (2022): 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.v10i1.62066

Abstract

In Indonesia, the partnership model was previously popularized by gig companies. However, now it is spreading into various businesses, such as e-commerce, shipping, and start-up industries. Over the years, the extensive use of the partnership model is becoming problematic as it transforms into a "misclassified partnership," where a job that should be considered an employment relationship is instead misclassified into a partnership. This study uses doctrinal legal research completed with a statutory approach to finding an apparent legal loophole regarding the partnership model within Indonesia's regulatory space. The term "partnership" is not recognized by Manpower Law. Micro, Small, and Medium Enterprises Law, on the other hand, identifies the term partnership (kemitraan) but does not contextualize it within the current partnership model. The research also found that this legal loophole has been impacting the working conditions of workers under the partnership model, robbing their workers' rights and legal protection by law. The possible solutions to the issue are then discussed by looking at the good practices in other countries, such as the UK, France, Spain, and the US
Legal Policy on the Protection of the Right to Health During the Covid-19 Pandemic in France Dewi Nurul Savitri
BESTUUR Vol 10, No 1 (2022): 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.v10i1.54449

Abstract

France has regulated the health system in great detail in some laws and regulations, but these regulations are insufficient to face the pandemic of Covid-19. This study aims to describe and analyze legal policies to protect health rights during the COVID-19 pandemic in France. It employs a normative legal research method with data sources such as the Declaration of human and citizen’s rights of 1789, the French Constitution of 1958, and laws and decisions of the French Constitutional Council. Since the Covid-19 pandemic erupted, French legislators have implemented adequate measures to prevent its spread.. The study results indicate that since the Covid-19 pandemic spread, French legislators have implemented adequate measures to prevent the spread of the virus through the appointment of the French Constitutional Council as the protector and guarantor of the fundamental rights of citizens through a system of judicial review. The control of proportionality in the system of judicial review is essential to strike a balance between the public interest of society and the rights of individuals to implement the adaptations necessary to protect public health, particularly during the Covid-19 pandemic.
President’s Power, Transition, and Good Governance Zainal Arifin Mochtar; Kardiansyah Afkar
BESTUUR Vol 10, No 1 (2022): 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.v10i1.59098

Abstract

This study aims to analyze the President's power and the threat attached to it during the transition of the inter-election period and the concept of the legal framework in Indonesia's legal system. It also provides the need to be performed in the future to ensure that the President does not abuse this power. The matter raises a series of problems regarding the government's authority during the election transition period. This research will provide comparative studies with Ghana, Liberia, and the United States to understand the President's power in the Indonesian constitutional system. This research was conducted using doctrinal research methods, or normative legal research. In reviewing a legal issue, a doctrinal research method analyzes positive law, related cases, and other relevant references. The results showed that the President's power during the election transition period needs to be regulated in the constitution. Furthermore, the arrangement has to be enforced technically in the form of a presidential transition law.
The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen Sri Wahyuni; Resti Dian Luthviati; Muhammad Jihadul Hayat; Utkarsh K. Mishra
BESTUUR Vol 10, No 1 (2022): 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.v10i1.64330

Abstract

Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.
Detection of Digital Law Issues and Implication for Good Governance Policy in Indonesia Awaludin Marwan; Diana Odier-Contreras Garduño; Fiammetta Bonfigli
BESTUUR Vol 10, No 1 (2022): 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.v10i1.59143

Abstract

The concept of good governance is essential to be utilized to analyze updating digital law and society. However, at the practical level, it can still be seen the lack of implementation of the principle of properness, transparency, effectiveness, accountability, participation, and human rights by the government to respond to the economic growth and criminal trend within the digital era. This study discusses good governance as a concept that can be used to analyze digital law and society. Especially in the cybercrime and e-businesses in Indonesia, the concept of good governance may utilize the social impact. This study uses socio-legal research, which combines interviews and literature review. This article will start to discuss the relevance of the study of good governance, digital law, and society in Indonesia's social and judicial context with the Electronic Information Transaction Law. This study concludes that during the growth of the digital economy, Indonesia has suffered from cyber-attacks, scams, phishing, malware injection, etc., which may need more extraordinary law enforcement. At the same time, the increasing number of e-commerce, fintech, social media, digital start-up, etc., need support from proper facilitation by the government. Good governance may provide a tool to cover the objective and balance its outcomes in the digital era.
Legal Policy of Anti-Corruption Supervisor Design: A New Anti-Corruption Model in Indonesia Sidik Sunaryo; Asrul Ibrahim Nur
BESTUUR Vol 10, No 2 (2022): 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.v10i2.65105

Abstract

Corruption is a fact of life in Indonesia and has a significant negative impact. The malicious intention of corruption in Indonesia has normatively shifted in terms of its meaning, adjusting to its opportunity. However, the increase in corruption in Indonesia is not accompanied by a legal policy of anti-corruption supervisor design. This study analyzes the legal procedure of strengthening supervision for corruption prevention in realizing good governance. The results indicate that the derived meaning of malicious intention of corruption in the old order, new order, and reform era gradually reduces the significance of adversarial nature from the perspective of public morality and the state's ideology. The Corruption Eradication Commission has been given authority to prevent and prosecute criminal acts of corruption. Establishing anti-corruption institutions in the regions serves as an anti-corruption enforcement agency and a control and monitoring system for government administration in all agencies to achieve good governance.

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