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Journal : Estudiante Law Journal

Measuring The Application of Corporate Social Responsibility of PT. Gorontalo MineralS Ahmad Ahmad
Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (393.441 KB) | DOI: 10.33756/eslaj.v4i2.16489

Abstract

Abstract: This study aims to find out how the legal arrangements for the implementation of Corporate Social Responsibility (CSR) in mining activities and to find out how the analysis of CSR Application Analysis to Communities Around Mining. The research method used is normative juridical with a qualitative approach that is used in the hope that the desired data can be obtained by the author of a clear and complete picture. The results of this study indicate that regulations related to CSR have been regulated in several legal regulations. In government regulation number 47 of 2012 concerning social and environmental responsibility of limited liability companies, it has been explained in article 4 paragraph that says that social and environmental responsibility is carried out by the board of directors based on the company's annual work idea after obtaining an agreement from the board of commissioners or the GMS in accordance with the company's basic budget, unless stipulated otherwise in the statutory provisions«. Law No. 22 of 2001 concerning Oil and Gas. If you look at Law number 22 of 2001 regarding oil and gas, it is not explained in writing that regulates the legal rules related to CSR. However, if you read carefully, there is one provision that alludes to the rule of law. Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Scholarship assistance, buses and several other programs are one of several CSR programs that have been implemented by PT Gorontalo Minerals. Judging from the CSR assistance provided to the community, it has been shown that PT Gorontalo Minerals implements CSR programs in accordance with applicable legal provisions, although only a few CSR programs have been provided by PT Gorontalo Minerals to the community.
Cockfighting Gambling Criminal Acts Commitment Maya Lasena; Fenty U. Puluhulawa; Fence M. Wantu; Ahmad Ahmad
Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (65.532 KB) | DOI: 10.33756/eslaj.v4i2.16039

Abstract

This study aims to determinea form of tackling the crime of cockfighting gambling.The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study indicate thata form of countermeasure carried out to tackle the crime of cockfighting gambling by means of preventive and repressive measures. In the preventive action stage, basically, stakeholders try to take precautions before the crime occurs. However, the most important role in preventing the occurrence of a crime is the supervision of the local community who then cooperates with law enforcement so that the crime of cockfighting gambling is easily detected.The countermeasures carried out by the authorities should be carried out with good coordination and cooperation, so as to make countermeasures that are right on target.
Studying the Steps of the General Election Commission in Responding to the Recommendations of the Election Supervisory Body Bintang Muhamad Hendri; Ahmad Ahmad
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.18726

Abstract

This research is to find out the GEC's steps in responding to Election Supervisory Body (ESB) recommendations of the Gorontalo Regency in the 2020 Pilkada. The method used in this research is a normative research type that uses a statutory and case study approach. The results of this study indicate that in responding to the Gorontalo ESB recommendation letter, the Regency GEC Gorontalo held a plenary meeting with the ability to conduct consultations with the Gorontalo Provincial GEC, then the Gorontalo Regency GEC asked for information from the election candidate as the reported party, then the GEC asked for information as well as consulted with experts including legal lecturers and also related officials who ultimately poured out the results of the study by making the Gorontalo Regency GEC decision Number: 658/KPU-Kab/X/2020 concerning Follow-Up of the Recommendations of the Gorontalo Regency Election Supervisory Body (ESB) Against Alleged Election Administration Violations, dated 17 October 2020 in Fo Form PATL-2 based on the provisions of Law Number 1 of 2015 and GEC Regulation Number 13 of 2014.
Legal Process for Banking Negligence in Violations of Customers' Privacy Rights and Personal Data Pulubolo, Rifky; Thalib, Mutia Cherawaty; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24195

Abstract

This research aims to find out and analyze the legal process for banking negligence in violating privacy rights and personal data.This research is classified as normative research with a statutory approach and a case approach. The research results show that personal data subjects have the right to sue and receive compensation for violations of the processing of personal data about themselves in accordance with statutory provisions. This is stated in Article 64 Paragraph (1) of Law no. 27 of 2022 concerning Personal Data Protection, "Personal Data dispute resolution is carried out through arbitration, court, or other alternative dispute resolution institutions in accordance with statutory provisions. Non-litigation resolution is through arbitration or alternative dispute resolution institutions. Meanwhile, for settlement through litigation, criminal liability can be carried out or through civil lawsuits.
A Comparative Study Of The Implementation Of A Closed Proportional System In The Perspective Of A Country With A Presidential System Kolopita, Kurnia Ningsih Kolopita; Rahim, Erman I.; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24858

Abstract

This research aims to analyze the comparison of the implementation of a closed proportional system between Indonesia and countries that adhere to the presidential system through normative research methods with a fact approach and conceptual approach. By using the theory of elections, the theory of political parties and the theory of justice. Legal materials are collected through literature study and then analyzed and compared based on the object of research. The results of this study found several differences in the implementation of proportionality systems in several countries such as Mexico, Brazil and Argentina, each of which applies a proportional system based on the needs and conditions of the country.
Determination of Marriage Dispensation at Gorontalo Religious Court in Accordance with the Child Protection Law No. 35 of 2014 Hidayat, Hidayat; Wantu, Fence M.; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29567

Abstract

This study examines marriage dispensation at the Gorontalo City Religious Court through the lens of Law No. 35/2014 on Child Protection. Marriage dispensation, while rooted in Indonesia's religious and cultural norms, often conflicts with the Child Protection Law, which prohibits child marriage and sets strict exceptions. Using qualitative methods, including document analysis and interviews with court officials and stakeholders, the study found discrepancies between court practices and legal provisions. Socio-cultural factors such as traditions, economic pressure, and the role of religious leaders influence dispensation decisions. Furthermore, limited understanding of child protection laws among court officials exacerbates these issues. The research highlights challenges in aligning religious and national laws and their implications for children's rights. It recommends training for court officials, clear operational guidelines, and stronger collaboration between religious and government institutions to ensure marriage dispensation aligns with child protection objectives in Gorontalo City.
Ideal Arrangements for Fines to Enhance Legal Awareness and Minimize Waste Effectively in Society Rauf, Abdusalam; U. Puluhulawa, Fenty; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.28916

Abstract

The implementation of fines as a legal instrument plays a crucial role in shaping public behavior concerning waste management. Despite the existence of numerous regulations governing waste management, the effectiveness of imposing fines remains limited in raising legal awareness and reducing waste volume in society. This study aims to explore the ideal framework for implementing fines to enhance legal awareness and minimize waste, emphasizing more effective and systematic law enforcement. Utilizing a normative juridical and sociological approach, the study analyzes existing regulations and identifies obstacles in the application of fines in Indonesia. The findings reveal that while fines have the potential to reduce waste, the main challenges include insufficient public education, weak law enforcement, and inconsistencies between the amount of fines imposed and their intended deterrent effects. The study recommends strengthening waste management regulations, increasing community participation, and implementing proportional fines coupled with stringent monitoring systems to achieve significant waste reduction. With a more ideal regulatory framework, it is hoped that public legal awareness will improve, paving the way for sustainable waste management practices.
Legal Implications of Defendant's Non-Compliance with Child Support Obligations Based on Ruling No. 214/Pdt.G/2023/PA.Gtlo Laya, Putri Nadhia Diannita; Cherawaty Thalib, Mutia; Ahmad, Ahmad; Agustina, Ririn
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31592

Abstract

This study aims to analyze the legal implications of the defendant's non-compliance with child support obligations and the judge's considerations in determining the amount and increase of child support in Decision No. 214/Pdt.G/2023/PA.Gtlo. The background of this research focuses on the issue of non-compliance with child support obligations after divorce, which often leads to negative impacts on the child's well-being and may trigger prolonged legal processes. In this context, it is important to explore how the law responds to such non-compliance and how judges consider various factors in determining fair and sustainable child support. The objective of this research is to examine the legal consequences of the defendant's non-compliance with child support obligations and to understand the basis of the judge's considerations in determining the amount and increase of child support, specifically the annual increase of 20%. The research method employed is empirical legal research with a qualitative approach, combining court decision document analysis and interviews with relevant parties. Primary data is obtained from interviews with judges and lawyers, while secondary data is gathered through relevant legal literature. The research results indicate that non-compliance with child support obligations may result in legal sanctions such as execution or fines, and impact subsequent legal processes. The judge's considerations in determining child support include the defendant's financial capacity, the child's needs, and the principle of social justice. A realistic decision on child support increases is essential for the sustainability of fulfilling the child's rights.
Analysis of the Constitutional Court Decision on Election Campaigns at Educational Institutions from the Perspective of the Purpose of Law Radjak, Sarmila; I. Rahim, Erman; Ahmad, Ahmad
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34243

Abstract

The conduct of elections in Indonesia as a manifestation of people's sovereignty requires guarantees of justice, legal certainty, and the neutrality of public institutions. The Constitutional Court Decision Number 65/PUU-XXI/2023, which permits election campaigns at educational institutions under certain conditions such as obtaining permission and appearing without campaign attributes has sparked significant debate. This study aims to analyze the court's legal considerations in this decision and evaluate it from the perspective of Gustav Radbruch’s theory of the purpose of law, which encompasses justice, legal certainty, and utility. The research employs a normative juridical method, utilizing statutory and conceptual approaches to analyze the Constitutional Court’s decision, the Election Law, and its implementing regulations. The findings indicate that the decision has established legal certainty by resolving the ambiguity and contradiction between the main provision and the explanatory note of Article 280 paragraph (1) letter h of Law Number 7 of 2017. It also generates societal benefit by opening political education opportunities for young voters, in line with Article 267 paragraph (1) of the Election Law. However, from the standpoint of substantive justice, the ruling risks creating unequal access for legislative candidates with only secondary education and may compromise the neutrality of educational institutions and civil servants. Therefore, while the decision achieves legal certainty and utility, it falls short in fully realizing substantive justice. Strict supervision and further regulatory refinement are needed to safeguard the integrity of democracy