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INDONESIA
Bestuur
ISSN : 23023783     EISSN : 27224708     DOI : 10.20961
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 36 Documents
Legislation Impediments in Reorganising Government Bodies in Indonesia Wijaya, Mas Pungky Hendra; Ali, Mohammad Zulfikar
BESTUUR Vol 9, No 1 (2021): Jurnal 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.v9i1.51633

Abstract

This study identifies legislation constraints to reorganize government bodies in Indonesia. Most administrations continuously receive pressure to reform and transform. Reorganization is a logical step when the problems are structural. Large government has resulted in potential duplications, in part due to entrenchment in statutes. Reorganizing a ministry or an agency poses impediments due to the process required for statutory amendments. This article takes a qualitative approach to examine the legal impediment in conducting the reorganization of government bodies. This research is a socio-legal study that combines legal research in the area of administrative law, political science, and public policy and management. Keywords: Bureaucracy; Legislation; Politics; Administrative; Reorganisation.
Ewuh Pakewuh Cultural Reconstruction to Equal Consumer Protection Wibowo, Dwi Edi
BESTUUR Vol 8, No 1 (2020): Jurnal Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

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Abstract

This research is motivated by the behavior of "ewuh-pakewuh", which has entrenched in the environment of consumers has an impact on the unhealthy treatment of business actors. This study aims to analyze and explain Pakewuh ewuh cultural factors as a cause of weak consumer protection empowerment. This research is normative (doctrinal) law. The approach is legislation and data analysis of this research is a qualitative analysis that is by describing or describing the theory that is available with material obtained from interviews, data, and literature studies. The results of the research show that first, Pakewuh ewuh cultural factors in buying and selling result in weak legal standing of consumers and low social standing of consumers and the law is unable to provide protection. Another factor is culture, people's way of thinking and consumer behavior. Javanese culture in many cases turned out to be unable to become a stronghold for legal protection in the face of crime or deviant perpetrators committed by businesses. Secondly, Indonesia is still difficult to escape from the confines of eastern culture in the context of Javanese politeness "ewuh-pakewuh", and it has been proven empirically that the "ewuh-pakewuh" bureaucratic culture makes the system of relations between businesses and consumers unbalanced.   Keywords: Reconstruction; Ewuh Pakewuh Culture; Consumer protection.
Questioning the Independence of Media Coverage in the 2019 Elections Ichlas, Rudy Iskandar
BESTUUR Vol 8, No 1 (2020): Jurnal Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

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Abstract

 This research is motivated by the Television as a news media easily and quickly disseminates information. The formulation of the problem in this study is how to implement the independence of television media coverage of the 2019 Presidential Election? The theory used contains the theory of distributive justice Aristotle (Grand Theory), Election theory (Middle Theory) and Agenda Setting theory Communication (Applied Theory). The research method is empirical normative method with inductive qualitative analysis. The results of this study are the implementation of an independent television media coverage of the 2019 Presidential Election for the 2019 Presidential Election television media proving the existence of a conflicting principle of impartiality. This is not in line with Article 5 letter i of Law Number 32 of 2002 concerning Broadcasting transferred to broadcasting intended to provide balanced information. News which is a product of broadcasting programs in the form of journalistic work becomes a Press dispute is the authority of the Press Council. Juridical coverage of media coverage which is not independent by juridical also opposes because it is not in line with Article 6 letter d of Law Number 40 of 1999 concerning supervising, supervising, correcting, and advising on matters relating to general issues, not the owners of television media the partisan.Keywords: Independence; Television; Elections.
Potensi Pelanggaran Pengelolaan Limbah Bahan Berbahaya dan Beracun Jumari, Arif
BESTUUR Vol 7, No 2 (2019): Jurnal 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.v7i2.40414

Abstract

AbstractThe increasing of the volum and kinds of Hazardous and Toxic Waste (B3) endangered the environment and life so it has been managed well. As a state law, of the Law No. 32/ 2009 of The Protection and Management of the Environment (Law of PPLH) and its derivatives, i.e, Government Regulation No. 101/2014 of the Management of Hazardous and Toxic Waste (B3) and The ministry Regulation No.P 95/2018 of integrated licency of Management of Hazardous and Toxic Waste (B3) with environment licence through the electronically integrated service of a company licence, should fulfill  The Law Theory of Law Substance, Law Structure and Law Culture. It also should be able to ensure the legal certainty, justice and expediency. The aims of the research were to analyze The Regulations of Management of Hazardous and Toxic Waste (B3) mentioned above and to describe the violation potential the related Regulations.The result of analysis showed that The Regulations had good law substance and law structure. The good implementation of the Regulations could be expected to bring up a good law culture.  The Regulations would be able give the legal certainty, justice and expediency when it was well implemented. The violation potential could be not only from the Law Subject in related to the licensing and supervision but also from the Law Object in related to the abuse of licence anda data manipulation. The violation can be minimized by the licence simplification,   the ease of data acces and the increasing of number and quality of supervision. The conclusion of research were that the Regulations related to Management of Hazardous and Toxic Waste (B3) were good of both Law Theory and Law function, but many violation potential to the regulations so it had to be anticipated. Keywords: Management of Hazardous and Toxic Waste, State, Law Function, Violation potential.   
Application of Sanctions Against State Administrative Officials Failing to Implement Administrative Court Decisions Noor, Hendry Julian; Afkar, Kardiansyah; Glaser, Henning
BESTUUR Vol 9, No 1 (2021): Jurnal 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.v9i1.49686

Abstract

The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not comply with administrative court decisions. This is prescriptive and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. Firstly, the results showed that the nature of administrative court decisions is erga omnes. The types of administrative court decisions are before and after the dispute subject examination. Furthermore, the execution consists of the obligation to revoke the state administrative decisions, to issue new laws due to the petition for negative or positive fictitious choices, and the imposition of compensation and rehabilitation in employment disputes. Secondly, the position of the Prosecutor is categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors. Keywords: Administrative Sanctions; Administrative Court; Prosecutor’s Office.
Development of Creative Industries as Regional Leaders in National Tourism Efforts Based on Geographical Indications Saputra, Rian
BESTUUR Vol 8, No 2 (2020): Jurnal 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.v8i2.43139

Abstract

This study aims to examine and explain the role of various parties both government, business and community in synergy to develop Geographical Indications products as creative economic potential to develop national tourism based on regional superior products and Geographical Indications. This research is writing normative law using the legislative approach method. The results of the study show that the growth of the creative industry as a superior product based on geographical indications in Indonesia is quite rapid. Creative Industries as regional superior products based on geographical indications can be used and developed as a tool to attract tourists to visit Indonesia due to their unique characteristics or characteristics, and vice versa tourism has been made a partner by the Directorate General of Intellectual Property to promote Indications products Geographically owned by Indonesia at the global level or in every international tourism event. Keywords: Creative Industries, Geographical Indications, Tourism
Konstruksi Sistem Jaminan Sosial Nasional Bidang Kesehatan Yusriando, Yusriando
BESTUUR Vol 7, No 2 (2019): Jurnal 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.v7i2.41538

Abstract

The purpose of this paper is to understand and analyze the current National Social Security System Construction in the Field of Health. The research paradigm used is the constructive paradigm. The research specification is descriptive analytical. Methods of socio legal research approach. Primary and secondary data type data. Data Collection Techniques with Literature Study, Observation, and Interview with descriptive qualitative data analysis with inductive methods. Research and Discussion Results, that the Construction of the National Social Security Program in the Field of Health at present are: Puskesmas functioned to carry out promotive, preventive efforts, without neglecting curative and rehabilitative efforts in their working area. After collaborating with BPJS as FKTP I, most of them are directed towards providing curative and rehabilitative efforts by not ignoring promotive and preventive efforts. In practice FKTP I does not yet have the ability to handle 155 types of diseases as required, both in terms of human resources and health infrastructure, but even though FKTP I has not been able to carry out its obligations optimally.Keywords: System, National Social Security, Health.
Problem Penyidikan Tindak Pidana Pencucian Uang yang Berasal dari Predicate Crime Perbankan Nuryanto, Ahmad Dwi
BESTUUR Vol 7, No 1 (2019): Jurnal 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.v7i1.43437

Abstract

The problem of investigating criminal acts of laundering from criminal origin of banking crime has several problems including synergy between investigators not yet integrated, between investigators of the Indonesian National Police, Financial Services Authority, and Attorney General, there is still overlap in authority of the three investigating institutions. Investigations can be conducted at each stage, at the placement, layering, and integration stages. Investigations can be carried out by each investigating institution, this really depends on the case of the case. First: Corruption case, then, then the money was laundered, it turns out that the predicate credit is the act of banking crime then the KPK Investigation Commission and the Financial Services Authority are involved. The second money laundry then prediakate the origin of banking crime then the police and the Financial Services Authority. Third, if a banking crime is first discovered and then conducted a money laundering, the initial investigator is the new Police Financial Services Authority. Money Laundering can also have an impact on the loss of state revenues from the tax sector, distrust of the market and the international world to the Indonesian state, the climate of investors being unwilling to invest in Indonesia. Keywords: Predicate Crime; Economic Law; Money Laundering.
Economic Law Creation Beautiful Global Indonesia Susanti, Liana Endah
BESTUUR Vol 7, No 1 (2019): Jurnal 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.v7i1.42701

Abstract

Indonesia is the world 's largest archipelago with 1,904,569 km2 of surface area. A very diverse landscape with a variety of abundance of flora and fauna is a special attraction for foreign tourists. Not only that, the natural wealth in Indonesia 's intestines is also very abundant, as are various minerals and richness from other mining materials. However, a abundance of skilled human capital, both in terms of science and technology mastered, do not complement the plentiful natural resources. This is one of the reasons superpowers should be providing cooperation. PT. PT. Freeport is an clear example of Indonesia 's collaboration in the mining sector with foreign parties. The first contract for Freeport-Indonesia was established in 1967. After the Foreign Investment Law was passed in 1967, Freeport became the first foreign mining firm to operate in Indonesia. But the existence of this partnership was regretted by many because it was perceived to be detrimental to the region. The reason is that so far nobody knows for sure how much gold and silver has been produced from the mining to date. The magnitude of the distribution of mining goods is also not quite good given that Indonesia owns land which is turned into gold fields. There are, in fact, many reports uncovering miserable stories of discrimination by indigenous people around the mining region. Justice is once again present as something that is not only wishful thinking, but also noble values that have to be realized for the collective good of the state goals set out in the Pancasila points and the preamble to the Constitution of 1945. Keywords: Mining, PT. Freeport, Discrimination, justice
Coherence of the Rules of Sharia Against Pancasila Rosidah, Zaidah Nur
BESTUUR Vol 8, No 1 (2020): Jurnal 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.v8i1.42723

Abstract

This paper aims to find the coherence of sharia principles towards Pancasila. Pancasila as the philosophical basis of the state has an important role in the life of the nation and state. The principles of sharia are important principles for Muslims in muamalah. The type of research used is normative legal research to find coherence between sharia principles in Pancasila. The approach used is a conceptual approach. Secondary data were collected through literature study. Analyze the data using the syllogism method of deduction and interpretation, where the sharia principle is coherent with Pancasila. The results showed that first, the concept of ownership of property and payment of zakat and justice is coherent with the first, second and fifth precepts of Pancasila. Second, the principle of willingness is coherent with the second principle of humanity which is just and civilized, the principle of equality is coherent with the third principle of Indonesian unity, the principle of honesty and truth is coherent with the principle of the Almighty God and the second principle of fair and civilized humanity, the principle of benefit and mutual advantageous in line with the fifth precepts of social justice for all Indonesian people, the written principle in sharia principles is in line or coherent with the fourth principle of populism, which is led by wisdom in deliberation / marriage.   Keywords: Coherence; Sharia Principles; Pancasila.

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