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  • Open Access Icon
  • Research Article
  • 10.20961/bestuur.v12i1.79217
The Regulation Impact of Foreign Ownership on the Cooperation Projects Air Transportation
  • Jul 4, 2024
  • BESTUUR
  • I Dewa Gede Palguna + 3 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">This study aims to identify, locate, and analyze constitutional issues regarding the impact of foreign capital ownership above 50% (fifty percent) in government-business cooperation projects, particularly in the area of public interest projects involving air transportation infrastructure. This normative research examines legal texts, mainly primary and secondary legal materials. This research found that, first, the changes in the Presidential Regulation regarding foreign investment in the field of public interest, such as airport services, were incompatible with the Constitution. The changes abolished the maximum percentage limit of foreign investment regulated in the previous provisions so that currently, foreign investment may carry out Government Cooperation with Business Entities on air transportation infrastructure projects without a percentage limit. Second, based on the Indonesian Constitution, ownership of air transportation should be under the state's authority, learning from China, which excessively applies foreign investors in the air transportation sector, causing consumer welfare to be affected by very high airplane ticket prices.</p></td></tr></tbody></table></div>

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  • Research Article
  • 10.20961/bestuur.v12i1.89742
The Regulations of the Supervisory Officer Personal Data Protection-Based Accountability Principle
  • Jul 4, 2024
  • BESTUUR
  • Wardah Yuspin + 4 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>This study examines The Model of Regulations Supervisory Officer Personal Data Protection-Based Accountability Principle: Lessons from Sweden. This study is a qualitative approach by reviewing and analyzing legal aspects and comparing laws. Even though Indonesia has a personal data protection law, misuse of personal data is still excessive. Owing to accountability basis PDP supervision arrangements have not been properly implemented. Meanwhile, Sweden was chosen as a comparison country since it was one of the first countries to have a personal data protection law. The result shows that in Sweden, personal data is regulated in the General Data Protection Regulation and the personal data supervisor well implemented the principle of accountability therefore it worked effectively. Meanwhile in Indonesia, given that a data protection supervisor has not been established, Protection of personal data is still carried out by each agency appointed by law on a sectoral basis and it deemed less effective in providing personal data protection. Therefore, the personal data supervisor with a single rule and direct responsibility to the president is the perfect model for Indonesia.</p></td></tr></tbody></table></div>

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  • Research Article
  • 10.20961/bestuur.v12i1.78576
Legitimacy of Social Justice in the Terrorism Regulations: Insight from Several Countries
  • Jul 4, 2024
  • BESTUUR
  • Ali Masyhar + 3 more

<p>Indonesia continues to experience recidivist terrorism regularly as a result of the injustices it faces. As a result, it is critical to prioritize the legitimacy of social justice for both victims and perpetrators, as well as adopt a humanitarian approach to non-criminal terrorism to mitigate and avert criminal acts of terrorism. This research aims to analyze the legitimacy of social justice in counterterrorism environments. This research employs normative juridical research to compare the counterterrorism regulations of several countries that incorporate social justice legitimacy. The findings of this research show that, <em>first</em>, it is crucial to integrate procedural justice and legitimacy principles into counterterrorism initiatives to preserve public confidence in the justice system, prevent exploitation, and uphold human rights. <em>Second</em>, it is critical to compare other countries' terrorism regulations to understand and evaluate their strategies for enhancing international cooperation and preventing terrorist attacks. In response to persistent terrorist threats, the United Kingdom, Pakistan, and the European Union implemented more ambitious counterterrorism strategies and incorporated social justice into their policies. To achieve effective and socially just terrorism regulations, Indonesia must adopt regulations in these countries.</p>

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  • Journal Issue
  • 10.20961/bestuur.v12i1
  • Jul 4, 2024
  • BESTUUR

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  • Research Article
  • 10.20961/bestuur.v11i2.78777
Social Security of Migrant Workers from Ukraine in EU Member States
  • Dec 27, 2023
  • BESTUUR
  • Valeriy O Zhuravel + 4 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Labor migration is becoming a growing trend in the modern labor market. It has positive aspects, such as the redistribution of labor and the increase in human capital efficiency. However, along with other elements of a flexible labor market, labor migration can also threaten workers' social protection. The study of social security issues helps to assess the extent to which these workers have access to the necessary social services and benefits, which contribute to their well-being and encourage further contribution to the economy. The primary research method is system analysis, which considers social security as a complex system that includes various components, interrelationships, and influences. The research results found that EU legal acts are equality-oriented and give EU member states the opportunity to set their own rules for migrants coming from third countries. As the economic and social situation in different EU countries differs, member states are trying to preserve the shared values and principles of the Union while protecting their markets from additional social obligations related to the employment of third-country nationals. The priorities of Ukraine's migration policy are to protect citizens' rights and interests abroad and coordinate social security systems with recipient countries of Ukrainian labor migrants.</p></td></tr></tbody></table></div>

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  • Research Article
  • Cite Count Icon 1
  • 10.20961/bestuur.v11i2.80300
Research on the Development of Public Administration in Lithuania
  • Dec 19, 2023
  • BESTUUR
  • Arvydas Guogis + 5 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Research conducted on public administration in Lithuania covers various subjects related to different fields and activities within the public sector. However, most research focuses only on challenges associated with the civil service and local self-government in Lithuania. This research aims to define public administration research and improve understanding of the progress and trajectory of contemporary public sector research in Lithuania. The research methods include document analysis, qualitative descriptive approaches, and historical data analysis. Moreover, the triangulation method verifies research results by integrating data and observations from many sources. The research results found that in the development of public law in Lithuania, researchers in the field of Lithuanian public administration focused on the goals of government reform, civil service modernization, creative solutions, and trends and reforms in central and regional administration. They also concentrate on social policy procedures, improving public governance, and intelligent examination of public administration. Lithuanian authors also focus on improving public governance through the use of the concepts of cooperation, participation, and teamwork. The study of Lithuanian public administration is closely related to the evolution of traditional public administration, focusing on evaluating new public management practices and implementing various public management innovations in government sector organizations since the start of state restoration. Future directions of public administration research in Lithuania will focus on addressing the challenges faced by the public sector and society in other countries. These challenges include sustainable development, climate change, gender equality, and other contemporary issues that directly or indirectly impact the public sector.</p></td></tr></tbody></table></div>

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  • Research Article
  • 10.20961/bestuur.v11i2.76306
The Regulation of Integrity Zone and the Corruption-Free Zone in Indonesia and Rusia
  • Dec 19, 2023
  • BESTUUR
  • Anis Widyawati + 4 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">This research aims to identify and analyze the integrity zone as an innovative strategy to combat corruption. The research methodology uses normative juridical analysis, which is legal research that examines law from an internal perspective, with the object of its study being the legal norm, which involves literature analysis, qualitative approach, and comparative approach on the implementation of the integrity zone and the administrative law policy through the Corruption-Free Zone (WBK) in Indonesian governmental institutions. The results of the study indicate that the integrity zone approach involves mapping corruption-prone areas and proactively implementing preventive measures in these zones. This strategy includes increasing awareness, enforcing regulations, and strengthening supervision. Furthermore, this paper also discusses the challenges and opportunities in implementing the integrity zone and the WBK in Indonesia, along with providing policy recommendations to maximize the effectiveness of this approach in minimizing corruption and enhancing integrity within the scope of the Indonesian government administration. Implementing the integrity zone concept is expected to bring about positive changes in the efforts to eradicate corruption and build more transparent and integrity-driven governance in Indonesia.</p></td></tr></tbody></table></div>

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  • 10.20961/bestuur.v11i2.75247
The Challenges of Decentralization Fiscal Regulations: Experience from the Philippines
  • Dec 19, 2023
  • BESTUUR
  • Elvira Elvira + 2 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>This research aims to understand, analyze, and detail the experience of fiscal decentralization in Indonesia and the Philippines. It explores the main challenges faced in implementing fiscal decentralization policies and valuable lessons that can guide other third countries planning to expand their local entities' fiscal authority. By comparing the experiences of the two, we can explore the similarities and differences in approaches and analyze their impact on economic development and local empowerment. The results show that decentralization in the Philippines is comprehensive and has one of Southeast Asia's most substantial legal bases. Moreover, each tier or each type of local government has a rather direct relation to the central government, especially in fiscal relationships, and is relatively independent compared to other countries in the region.</p></td></tr></tbody></table></div>

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  • Cite Count Icon 2
  • 10.20961/bestuur.v11i2.78442
Indonesian Migrant Workers After Job Creation Law: A Challenging Problem for Protection Welfare
  • Dec 19, 2023
  • BESTUUR
  • Endeh Suhartini + 3 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Job Creation Law has severely impacted the protection of foreign workers with changes to the Company Permit for Placement of Indonesian Migrant Workers (SIP3MI). This research aims to analyze changes to SIP3MI and its impact on the licensing mechanism for Indonesian migrant workers, which is related to the implementation of supervision of migrant workers as a juridical-administrative consequence of SIP3MI issuance. The research methodology used in this paper is a normative legal research method with a statue approach and conceptualization of legal protection, licensing, supervision, labour, and social justice to realize the protection of migrant workers when contracting and completing contracts. This research indicates an urgency for the government to protect migrant workers, seeing the increase in the number of migrant workers and complaints. The SIP3MI regulation, degrades the concept of protecting Indonesian migrant workers. The change in providing SIP3MI information from the relevant Ministry to the authority of the Central Government and being equated with Business Licensing thus changes the mechanism for issuing permits, which could severely impact the implementation of supervision and protection of Indonesian migrant workers. Therefore, the protection of migrant workers is no better than before the publication of the Omnibus Law. Legal certainty is needed to provide protection. Equating SIP3MI with business licensing is quite controversial and has the potential to create legal protection for migrant workers who are increasingly being pushed into a corner.</p></td></tr></tbody></table></div>

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  • Cite Count Icon 1
  • 10.20961/bestuur.v11i2.78125
Understanding Delegated Legislation in The Natural Resources Sector
  • Dec 19, 2023
  • BESTUUR
  • Sholahuddin Al Fatih + 4 more

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The formation of statutory regulations is based on the authority to form. The formation of delegated regulations can originate from orders or authority. In the P3 Law, it is stated that delegated regulation is not only limited to (or “there is a space for delegated regulations other than “) Government Regulations, Presidential Regulations, and Regional Regulations, so it becomes hyper-regulation. This happens in laws and regulations in the field of natural resource management. This article aims to explain the condition of existing delegated regulation in the field of natural resources and its impact on the use of natural resources. The results of this research show that the position and types of delegated regulation in the field of natural resources are not only in the form of Presidential Regulations, Government Regulations, Ministerial Regulations, and Regional Regulations but also delegated legislation regulated in Article 8 of the P3 Law, which is not small in number The implications of delegated legislation can provide technically detailed implementing regulations down to the lowest level institutions/institutions. However, delegation not explicitly limited by the delegation criteria causes hyper-regulation by the executive agency through its functional authority. Apart from that, it opens space for unsynchronization between the substance of higher regulations and delegated regulations, thereby causing ineffective use of natural resources. This study recommends that changes be made to the Law on the Establishment of Laws and Regulations, especially concerning its hierarchy.</p></td></tr></tbody></table></div>