- Research Article
- 10.20961/bestuur.v12i2.90365
- Jan 13, 2025
- BESTUUR
- Sukirno Sukirno + 2 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The phenomenon of individualization of customary land, which is communal land, occurs in many customary law communities in Bali, such as those in Bangli and Lembang. The reason for this phenomenon is that the land administration in Bali's customary law communities only includes the names of the people who control the customary land. This makes it difficult for indigenous villages in Bali to prove their rights to the land. This research aims to analyze the weaknesses in the administration of customary land in customary law communities in Bali and also to construct an ideal customary land administration to protect the communal rights of customary law communities over their land. This research is a non-doctrinal (socio-legal) research that examines the administration of customary land in reality and the understanding of indigenous peoples regarding this matter. This research is a prescriptive research that uses primary data obtained through in-depth interviews and analyzed qualitatively. This research identifies three primary weaknesses in the administration of customary land in Bali, namely weak legal pluralism, insufficiently participatory land policies, and the existence of land administration that is not detailed. Therefore, the ideal construction of customary land administration in Bali is a change in legal politics to strong legal pluralism including changes in the conversion provisions of the Basic Agrarian Law which convert customary land to property rights, participatory land administration even up to the stage of citizen control<em> </em>and also detailed land administration including land history, land mutation, land boundaries and land stewardship.</p></td></tr></tbody></table></div>
- Journal Issue
- 10.20961/bestuur.v12i2
- Jan 13, 2025
- BESTUUR
- Research Article
- 10.20961/bestuur.v12i2.94072
- Dec 31, 2024
- BESTUUR
- Olena Lutsenko + 3 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The COVID-19 pandemic has led to a global shift toward remote and hybrid work, significantly transforming traditional work models. This study examines how these changes have impacted the structure of working hours and analyzes the adjustments made to Ukrainian legislation to address the new realities. It also explores strategies for improving Ukraine’s legal framework to foster better work-life balance and employee productivity. The research employs a combination of methods: analysis to evaluate changes in work schedules, synthesis to integrate various elements, induction to draw general conclusions, deduction to apply theories in practice, and abstraction to highlight core traits. Additionally, the study uses generalization to form broader statements. Findings indicate that the global move to flexible work has posed challenges to conventional working time regulations, necessitating new policies that protect workers' rights while balancing flexibility and fairness. With the increasing prevalence of remote and flexible work arrangements, legislative reforms are essential to ensure equitable and fair working hours for all. The findings offer recommendations for reforming Ukraine’s labor laws, aligning them with global trends, and advancing education in labor law and social security disciplines.</p></td></tr></tbody></table></div>
- Research Article
- 10.20961/bestuur.v12i2.93620
- Dec 31, 2024
- BESTUUR
- Annalisa Yahanan + 4 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>The majority of Indonesia’s population adheres to Islam. Therefore, it is essential that food consumption complies with Islamic law, including food consumed on airplanes. However, the information available to passengers regarding the halal status of food remains unclear. The purpose of this study is to analyze the regulation of halal products in Indonesia and to analyze the right to halal product information provided by Indonesian airlines during flights. The research was conducted normatively using a legislative and conceptual approach. Data on halal food information was obtained through internet searches and the food provided by airlines. The results showed that the regulation of halal products in Indonesia more clearly provides protection to consumers than in the Netherlands. Indonesia requires every food product in circulation and trade to include a halal label, namely the halal logo and halal certificate number without exception, while in the Netherlands this is not the case. In Indonesia, food information with a halal label on the plane, not all of them include it on the packaging of food products even though they already have a halal certificate. Passengers will be more comfortable and confident if the halal label information is easy to find and easy to read either on product packaging or in certain places.</p></td></tr></tbody></table></div>
- Research Article
- 10.20961/bestuur.v12i2.94378
- Dec 31, 2024
- BESTUUR
- I Wayan Gde Wiryawan + 3 more
Unprotected mental health among employees can have a detrimental effect on productivity and the national economy. Nevertheless, Indonesia's present labor regulations do not include any specific provisions to safeguard workers' mental health. This research aims to identify and analyze issues regarding mental health workers that are often ignored, which cause decreased productivity and negative stigma for people experiencing mental health to medical personnel and facilities that are less qualified in protecting workers. This normative research examines legal texts, mainly primary and secondary legal materials. The results of the research show that, <em>first</em>, mental health problems in Indonesia are very complex, starting from the negative stigma that is still embedded in society regarding mental health diagnoses to regulations and law enforcement that do not support workers with mental health to recover from their illnesses. <em>Second</em>, based on Singapore, Singapore has a program and legal framework that supports public health and workers who experience mental health disorders monitoring that has been integrated with the system. <em>Third</em>, to overcome mental health problems for workers, there needs to be a clear regulatory framework that targets improving mental health, an integrated health monitoring system that is expanded to provide training for medical personnel, and health care quality.
- Research Article
- 10.20961/bestuur.v12i2.94203
- Dec 31, 2024
- BESTUUR
- Chairul Fahmi + 1 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues.</p></td></tr></tbody></table></div>
- Research Article
1
- 10.20961/bestuur.v11i2.82508
- Dec 19, 2024
- BESTUUR
- Bambang Tri Bawono + 1 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Regulations on the imposition of criminal sanctions in cases of hate speech on social media are, at some point, considered to degrade human rights to express opinions in the context of a democratic country. This research aims to provide an overview of resolving hate speech cases on social media using a restorative justice approach and how regulations should be created and developed. This research uses normative legal research methods using statutory and conceptual approaches. The concept proposed refers to the theory of restorative justice and the theory of establishing appropriate regulations. This research indicates that until now, there has been no strong and adequate legal basis for implementing non-penal resolution of hate speech cases through a restorative justice approach. In the Criminal Code, which revokes the article regarding hate speech in the Information and Electronic Transactions Law both before and after the Constitutional Court Decision, there is no reference to using a restorative justice approach in resolving existing cases. It is urgent to regulate restorative justice arrangements to guarantee legal certainty for the parties by considering recovery for damage and losses victims suffer based on a mutually agreed agreement. Restorative justice can mediate accusations of degradation of freedom of opinion and can maintain democratic values. Based on the regulatory formation process theory, some factors must be considered in designing and making restorative justice arrangements in hate speech cases.</p></td></tr></tbody></table></div>
- Research Article
4
- 10.20961/bestuur.v11i2.82506
- Dec 19, 2024
- BESTUUR
- Tommy Leonard + 3 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Reen taxes, such as carbon taxes, can help countries invest in the latest technologies and achieve sustainable prosperity by funding renewable energy. However, we see that the current tax system still needs to be improved. This research aims to analyze the Influence of Green Tax Regulations on New Renewable Energy Funding in Indonesia. This research employs a normative legal approach informed by a literature review. The research results show that the various regulations regarding green tax regulations impact the non-maximization of new renewable energy funding. Taxes can generate government revenue by trading carbon credits to reduce greenhouse gas emissions. Additional funds can be used to fund initiatives in alternative settings. Green taxes, such as carbon taxes, can help countries invest in emerging technologies and achieve sustainable prosperity by providing funding for renewable energy.</p></td></tr></tbody></table></div>
- Research Article
- 10.20961/bestuur.v12i1.80277
- Aug 2, 2024
- BESTUUR
- Eny Suastuti + 4 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The government's policy of revoking the authority of local governments to issue permits for the tourism business sector has caused chaos in the management and supervision of tourism businesses. This takeover of authority is closely related to the business licensing regulations regulated in the Omnibus Law. This research aims to determine the challenges and opportunities in licensing policy issues in the tourism sector that need reconstruction. The research method applied is normative legal research with a statutory and conceptual approach. The Omnibus Law is the prominent rule that be analyzed. Meanwhile, the concepts of licensing, authority, and the principle of community participation are used as the basis for analyzing and reconstructing regulations. The results of this research show that there are challenges in reconstructing licensing regulations in the Omnibus Law due to differences in perspectives on licensing concepts between the central government and regional governments, which have implications for shifting the objectives of issuing permits and the transfer of authority to issue licenses that the regional government initially owned created chaos in the supervision of tourism business activities. Still, the opportunity in this policy reconstruction is that it is still possible to revise laws based on the principle of real participation with community involvement mechanisms that can influence the final results of policy decisions, as well as active collaboration between governments at the central, regional and regional levels, stakeholders and the community in developing the tourism sector which can realize social welfare.</p></td></tr></tbody></table></div>
- Research Article
1
- 10.20961/bestuur.v12i1.89747
- Jul 4, 2024
- BESTUUR
- Paul Atagamen Aidonojie + 4 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Technological advancement has greatly enhanced the global environment, it has improved every facet of the global industry. Currently in Nigeria, the Legal Profession has taken a bold dive by incorporating the use of technology in enhancing the practice of law. However, the current innovation of robotic lawyers in most countries may seem to be consistent with their legal systems. In this regard, it suffices to opine that given the fact that Nigeria is a developing country, there are legal and socio-economic issues that may affect or truncate the adoption of a robotic lawyer in Nigeria. It is in this regard that this study adopted a hybrid method of research in ascertaining the relevance of robotic lawyers, and the legal and socio-economic issues. Questionnaires were distributed to 305 respondent residents in Nigeria. The study found that the current trend of robotic lawyers is quite impressive, however, the nomenclature of law concerning the study and practice of Law in Nigeria does not recognize a robotic lawyer. Furthermore, some socio-economic issues such as internet fraudster, unemployment, insecurity, and poor maintenance culture may pose a challenge to the adoption of a robotic lawyer in Nigeria. In this regard, it was therefore concluded and recommended that for a smooth adoption of robotic lawyers in Nigeria, there is a need for legal approval and streamlining their roles to mere advisory to a client, training of Nigerian lawyers and judges to enhance the legal profession.</p></td></tr></tbody></table></div>