- Research Article
5
- 10.20961/bestuur.v11i1.67125
- Apr 12, 2023
- BESTUUR
- Gunawan A Tauda + 2 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="Copyright">The speed of the adoption and use of cryptocurrency that utilizes blockchain technology as its central infrastructure is expanding globally, including in Indonesia. It has promising prospects as a future asset and payment instrument. However, the regulations in Indonesia are often delayed and inadequate for dealing with cryptocurrency's developments. This research is intended to analyze the approaches, regulations, and protection of the use of cryptocurrency. This study argues that the regulatory approach to using cryptocurrency is balanced, while Indonesia has a partial status in cryptocurrency legality. The government’s protection of cryptocurrency investors is adequate in using cryptocurrency as a commodity traded on futures exchanges with a license from <em>Bappebti</em>. A progressive policy for establishing the Digital Asset Law by the government is important due to the resultant clarity in the regulatory status of cryptocurrency will allow the ecosystem to grow and promote innovation, thus harnessing the benefits of cryptocurrency while mitigating related risks.</p></td></tr></tbody></table></div>
- Research Article
3
- 10.20961/bestuur.v11i1.71710
- Apr 12, 2023
- BESTUUR
- Donna Okthalia Setiabudhi + 3 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="Copyright">To achieve land order, Indonesia implements the Sustainable Agrarian Regulation System (SPAB). The crucial issue, however, is whether the management of activities at this point has been conducted sustainably in order to establish justice and legal certainty in the community. The purpose of this study is to examine a variety of issues concerning the Role of Land Management Paradigm Towards Certainty and Justice. This research is empirical with a qualitative approach. The results indicate that as the Dynamics of Population Growth and Rapid Progress was being constructed, soil quality began to deteriorate. For the exploitation and utilization of soil, therefore, effective, efficient, and sustainable land management is necessary. It is widely acknowledged that sustainable land management is essential for halting land degradation, preventing desertification, and regenerating degraded areas. Given the complex options available to communities and landowners, Japan's policy is shifting its emphasis to policies pertaining to sustainable land use management by means of consensus building.</p></td></tr></tbody></table></div>
- Research Article
- 10.20961/bestuur.v11i1.69178
- Apr 12, 2023
- BESTUUR
- Muhamad Haris Aulawi + 3 more
Every nation has natural resources that must be regulated by state law and used for community benefit. Indonesia, a major exporter of bauxite ore to Europe, plans to ban exports. Indonesia must prepare for a second EU nickel ore export lawsuit after the first from the nickel export ban. The study aims to determine whether Indonesia is guilty of issuing a policy to stop exports of bauxite ore. This research is a normative legal research uses the rule of law, law principles, and legal doctrines to solve legal issues. Books, journals, and the internet provided data for the research. Articles from previous bilateral agreements are also used. This research examines Monism and Dualism.The results of the study show that Indonesia is not entirely at fault, considering that Indonesia is a country that adheres to a dualism system in international law enforcement. However, Indonesia still needs to renegotiate the percentage of bauxite ore exports with the European Union, considering that Indonesia is already bound by the IEU-CEPA agreement. If Indonesia continues its plan to stop the total export of bauxite ore, then Indonesia can still be considered to have committed acts of default.
- Research Article
1
- 10.20961/bestuur.v10i2.66090
- Dec 21, 2022
- BESTUUR
- Mohammad Jamin + 3 more
<span>Indonesia has established regulations regarding the location of the National Capital. However, the important question is whether the Law is effective and whether the transfer of the National Capital has provided legal protection for indigenous peoples in the area designated as the National Capital. This study aims to analyze the protection of customary law communities in urban forest-based protected forest areas. This research is normative legal research, which uses secondary data with primary, secondary, and tertiary legal materials. The study results show that the state must finalize the Law on the State Capital, which also regulates the legal protection of Indigenous Peoples as a <em>lex specialis</em> provision. The Law on the State Capital must formulate norms that automatically guarantee the determination of the legal status of indigenous and tribal peoples.</span>
- Research Article
1
- 10.20961/bestuur.v10i2.68118
- Dec 20, 2022
- BESTUUR
- Paul Atagamen Aidonojie + 2 more
<p>The COVID-19 pandemic has overwhelmed healthcare providers all over the world. Nigeria has also had its fair share of the health crisis caused by COVID-19. Despite the apparent shortcomings of public healthcare in combating the COVID-19 pandemic, the participation of private healthcare providers in caring for COVID-19 patients in Nigeria has been limited by legal and regulatory constraints. This study employs a hybrid research method. The study found insufficient medical facilities and care for COVID-19 patients in government-owned isolation centers. It was concluded and recommended that there is a need to whittle down the laws and regulations limiting private health providers from caring for COVID-19 patients. Furthermore, there is a need to set some ethics and guidelines for private healthcare providers who intend to care for COVID-19 patients.</p>
- Research Article
1
- 10.20961/bestuur.v10i2.62064
- Dec 20, 2022
- BESTUUR
- Bambang Ali Kusumo + 3 more
<p>Taxes are the largest source of state revenue for Indonesia's development, but the tax compliance rate of Indonesians is still low. This study aims to analyze issues related to rethinking criminal law policies in taxation to overcome tax violations. This is normative legal research that uses statutory and comparative approaches. The results of the study show that criminal acts in the field of taxation are included in criminal acts in the field of administrative law, which is known to be simple and flexible in law enforcement as long as the purpose of the law is achieved, namely that taxpayers are willing to pay taxes according to their obligations.</p>
- Research Article
2
- 10.20961/bestuur.v10i2.63527
- Dec 15, 2022
- BESTUUR
- Mukhlishin Mukhlishin + 4 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Philanthropy has been very beneficial for social welfare. However, the regulation of philanthropy that governs philanthropy management institutions has not been successful in enhancing the welfare of the poor, particularly in post-COVID-19 tourism areas. This research explains the issue from a doctrinal normative perspective. The results indicate that the characteristics of philanthropy norms work as economic capital assistance, the regulation also should be able to identify the objectives and goals to be achieved for human welfare. Moreover, state and private institutions manage philanthropy independently, freely, and responsibly performing economic empowerment is developed with the existence of institutions that manage resources derived from philanthropic activities. These activities are based on the recommendations which are contained in scriptures and hierarchical juridical legitimacy containing transcendent norms.</p></td></tr></tbody></table></div>
- Research Article
1
- 10.20961/bestuur.v10i2.65105
- Dec 15, 2022
- BESTUUR
- Sidik Sunaryo + 1 more
<p>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.</p>
- Research Article
3
- 10.20961/bestuur.v10i2.64498
- Dec 9, 2022
- BESTUUR
- Agus Raharjo + 3 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Cybercrime has resulted in astronomical losses for the business community. However, the reactive policy model must be more effective at preventing cybercrime, and the due process model is also inappropriate for combating cybercrime with a high level of speed and mobility. This study is normative legal research employing a conceptual strategy and case studies. The results indicate that the reactive model must be improved in order to prevent cybercrime. The model of due process is not appropriate for deterring cybercrime with a high degree of speed and mobility. The preventative law enforcement strategy is effective, but it requires a high level of law enforcement capability to detect and disable cybercrime, which is something that few Indonesian law enforcement officials possess. Prevention based on the user, which places responsibility on internet users, is fine for individuals but not for businesses. Based on collaboration between corporations, universities, civic society, and non-governmental groups, the collaborative model synthesizes the aforementioned paradigms. Because they are based on plans or roadmaps created by internet stakeholders, regulations, technical aspects, and law enforcement may be effectively implemented and developed.</p></td></tr></tbody></table></div>
- Research Article
3
- 10.20961/bestuur.v10i2.61409
- Dec 6, 2022
- BESTUUR
- Nandang Sutrisno + 3 more
<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">This study focuses on using religious attributes in the trial process of corruption cases in Indonesia, the judge’s consideration of the decency of a defendant, and the regulation of a defendant’s religious identity in the court decision. By identifying the judge’s perspective on a defendant's religious attributes and aspects of decency as an interpretative scheme and constructing their significance on it, this study also presents an analysis of the application of the principle of impartiality of judges and courts based on the Bangalore Principles. Impartiality itself is positioned as the bedrock of judicial integrity. With a field-based research method, this study reveals that religious identity has influenced judges and court decisions, especially considering mitigating factors in criminal sentencing. These findings indicate that the Bangalore Principles fall short of clear guidelines to counter such bias and a clear framework in Indonesia’s judiciary to restore its integrity.</p></td></tr></tbody></table></div>