Authors:I Dewa Gede Palguna, Anak Agung Gede Duwira Hadi Santosa, Made Cinthya Puspita Shara, Alia Yofira Karunian Pages: 1 - 22 Abstract: 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. PubDate: 2024-07-04 DOI: 10.20961/bestuur.v12i1.79217 Issue No:Vol. 12, No. 1 (2024)
Authors:Ali Masyhar, Rohadhatul Aisy, Akhmedova Mehrinigor Bahodirovna, Gaini Mukhanova Pages: 23 - 48 Abstract: 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, first, 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. Second, 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. PubDate: 2024-07-04 DOI: 10.20961/bestuur.v12i1.78576 Issue No:Vol. 12, No. 1 (2024)
Authors:Wardah Yuspin, Trisha Rajput, Abhinayan Basu Bal, Kelik Wardiono, Absori Absori First page: 49 Abstract: 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. PubDate: 2024-07-04 DOI: 10.20961/bestuur.v12i1.89742 Issue No:Vol. 12, No. 1 (2024)
Authors:Paul Atagamen Aidonojie, Obi Eregbuonye, Adesoji Kolawole Adebayo, Shedrack Ekpa, Ketut Sukewati Lanang Putra Perbawa First page: 69 Abstract: 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. PubDate: 2024-07-04 DOI: 10.20961/bestuur.v12i1.89747 Issue No:Vol. 12, No. 1 (2024)