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Journal : Estudiante Law Journal

Efforts to Optimize the Office of Religious Affairs of Paleleh District Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic Risky Yanto Yunde; Nur Mohamad Kasim; Dolot Alhasni Bakung
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.831 KB) | DOI: 10.33756/eslaj.v5i1.19704

Abstract

Early marriage experienced by adolescents under 19 years old is still a phenomenon in several regions in Indonesia. Early marriage is more likely to occur in any Religion Paleleh sub-district, Buol Regency is one of the sub-districts where the number of cases of early marriage is quite high and has increased after the co-19 pandemic. This needs to be prevented by all actions, activities, or efforts carried out by the Regional Government, community, family, and parents as well as all stakeholders to reduce the rate of early marriage. The purpose of conducting this research is to find out the efforts of the Religious Affairs Office of Paleleh District, Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic. Using a sociological juridical research method, using a descriptive qualitative research approach and interactive analysis techniques. The results of the research conducted stem from the responses of various elements of the Paleleh District community regarding early marriage, which contain a lot of speculation, namely positive and negative responses. Responses from rural communities where people are still less aware and less compliant with the law. Early or underage marriages that still occur are often due to factors caused by the social model of young people who are too free with the opposite sex. However, it is all returned to the parents. For the people of Paleleh Subdistrict who have low economic constraints who cannot afford to send their children to school, especially for women, supported by the negative stigma factor that there is no point in going to high school and the kitchen will be the place to return to.
Implementation Of Occupational Safety And Health Management System At PT. Port Indonesia IV (Persero) Gorontalo Branch Margaretha Husain; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23606

Abstract

Pelabuhan Indonesia IV (Persero) Gorontalo Branch is one of the State-Owned Enterprises engaged in Port Services, Ship Services, Goods Services, and Container Terminals. PT Pelabuhan Indonesia IV Gorontalo branch is also one of the companies in Gorontalo that implements an occupational safety and health system in the company's operational processes. The company needs to prepare facilities and infrastructure as well as programs that can minimize the number of work accidents in the company, preparations made to anticipate and reduce the number of work accidents caused by hazard factors and the risk of work accidents consist of hazard identification, assessment of potential hazards, organization and means of operational supervision of emergency action planning, dissemination of information to employees and the surrounding community regarding company actions in an effort to prevent the emergence of environmental pollution hazards generated by the company. ensure occupational safety and health in the company and reduce the risk of accidents in the work environment. Therefore, the Occupational Safety and Health Management System is very important for companies and workers to minimize the occurrence of work accidents in the work environment. We cannot underestimate all matters relating to work safety.
Analysis of the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area Siti Nur Magfirah A. Hudodo; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24033

Abstract

The purpose of this research is to find out the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area. In this research, the author uses normative research method or normative juridical research. This normative research includes library research or document study, because the object studied is in the form of public official documents, namely official data from the Gorontalo Religious Court. The results of this study researchers found preliminary data in the Gorontalo Religious Court, there is 1 (one) case of Itsbat Nikah application which is contrary to Article 3 and Article 9 of Law Number 1 of 1974 jo. Law Number 16 of 2019 concerning Marriage, as well as Article 40 of the Compilation of Islamic Law (KHI) but by the panel of judges the case was granted and there was 1 (one) itsbat nikah case Number 255/Pdt.P/2022/PA.Gtlo with the same type of application case but there were differences in the judge's consideration in deciding the case with the ruling not accepted.
Factors Hindering the Settlement of Inherited Land Disputes Due to Forgery of a Will Through the District Court Miftahuljannah Sidik; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24113

Abstract

This research aims to identify the inhibiting factors in the settlement of inheritance land disputes caused by forgery of wills through the district court. The research uses an empirical method by analyzing interview data and a copy of case number 44/Pdt.G/2011/PN.Gtlo. The inhibiting factors are grouped into two, namely internal factors originating from the disputing parties, and external factors originating from outside the disputing parties, especially from the court. Internal inhibiting factors included the lack of witnesses, lack of good faith, lack of understanding from the parties, chaos in the trial, and lack of evidence. While external inhibiting factors include a lack of legal certainty and a shortage of Human Resources (HR) in handling land dispute cases. The results showed that legal uncertainty and lack of human resources on the part of the court had a significant impact on the process of resolving inheritance land disputes. Therefore, it is suggested that there should be improvements in the judicial system, an increase in the number and quality of human resources in the courts, as well as efforts to increase legal certainty in the handling of inheritance land dispute cases involving forged wills.
Factors for Prospective Grooms Committing Identity Falsification in Marriage in Boliyohuto Sub-District Pakaya, Siti Nuraisyah; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
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.v1i1.24774

Abstract

The purpose of conducting this research is to find out what factors are the reasons for the prospective groom to falsify his identity in marriage in Boliyohuto District. The research method used in this article is to use empirical research methods by taking a qualitative approach. The results of this study show that in the case of a marriage annulment lawsuit at the Gorontalo Religious Court, there was one party who filed for annulment of her marriage on the grounds that her husband had falsified his identity so that she felt she had been lied to, claiming to be a virgin. After a week of having relations as husband and wife, the wife found out that her husband already had a wife and child so she sued for annulment of the marriage. As a result of the annulment of marriage that occurred in the case under study, the wife felt disadvantaged, which in law violates Article 27 paragraph (2) of Law Number 1 of 1974 concerning Marriage which reads: "A husband or wife may file a petition for annulment of marriage if at the time of marriage there is a misconception about the husband or wife".
The Urgency of Religious Marriage Registration in Population Administration Regulations for Legalization and Granting Permits Palilati, Nur Fika; Kasim, Nur Mohamad; Abdussamad, Zamroni
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30521

Abstract

The purpose of this study is to further analyze the urgency of recording interfaith marriages in population administration regulations for legalization and licensing. The research method used is a normative legal research method with a statutory approach. The results of this study found that the registration of interfaith marriages is an important aspect to ensure the formal legality and protection of the civil rights of couples, such as inheritance rights, joint property, and child status. However, interfaith couples often face legal obstacles because population administration regulations do not explicitly accommodate interfaith marriages. As a result, they often have to resort to the courts to obtain legalization. The role of the court is crucial in granting permission for registration, although decisions vary depending on the interpretation of the judge. While some are successful, the process still poses legal and social challenges for couples.
Conflict Resolution Efforts Linked to the Principle of Legal Certainty Umar, Mohamad Gusnal; Mohamad Kasim, Nur; Mustika, Waode
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.29974

Abstract

The social conflict in Pohuwato Regency, involving local communities and mining companies, reflects the tensions between formal law and customary values. This conflict is triggered by power imbalances, a lack of recognition for customary rights, and minimal transparency in natural resource management. This study aims to analyze the root causes of the conflict, evaluate the role of law in creating social justice, and identify solutions based on the principle of inclusive legal certainty. The research methodology employs a qualitative approach with data collection techniques including interviews, observations, and document analysis. The study's findings indicate that formal law often overlooks local norms, thereby exacerbating tensions between the community and companies. Resolving the conflict requires the integration of customary values into formal policies, transparency in mining management, and the establishment of independent mediation institutions involving all parties. Additionally, economic empowerment of the community and legal education are strategic steps to enhance the community's capacity to handle conflicts. The research recommendations include strengthening the government's role as a neutral facilitator, developing local policies based on community participation, and ensuring that companies commit to relevant social responsibility programs. In conclusion, resolving the conflict in Pohuwato can serve as a model for managing similar conflicts in other regions, while supporting social harmony and sustainable development.
Deconstruction of the Purpose of Marriage in the Legal Perspective in Indonesia Hasan, Rifal; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
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.v7i2.31012

Abstract

The childfree phenomenon, which refers to the decision of couples not to have children despite being married, is increasingly growing in Indonesia, presenting challenges in both social and legal aspects. This study aims to examine the factors driving couples to choose the childfree lifestyle, including awareness of personal well-being, economic challenges, environmental consciousness, and health reasons. Additionally, this research seeks to explore the social views that still consider marriage without children as a failure, as well as how Indonesian law, particularly Law No. 1 of 1974 on Marriage, provides space for couples to choose whether or not to have children. The method used is a descriptive qualitative approach, with data collection through literature studies and in-depth interviews with couples who choose to live childfree, as well as legal practitioners. The results of the study show that while Indonesian law does not force married couples to have children, social pressure based on traditional norms still remains strong, perceiving marriage without children as a failure. However, as times progress, more couples are choosing the childfree path, and society, especially in major cities, is becoming more open to this choice. This research suggests that Indonesian law should be more inclusive in accommodating such life choices and educate society to better respect individual freedom in determining their own life path. The childfree phenomenon prompts further reflection on the meaning of family, happiness, and marriage in modern society.
Co-Authors Abd. Malik Amrullah Karim Abdjul, Mohammad Fajar Acub Umar, Novel Adistia R. Nur Ahmad Ahmad Ahmad Ahmad Ahmad Fauzan Akbar Hidayatullah Daud Al-Hadad, Monalisa Aldi D. Butudoka Ali, Safitri Amili, Nur Azmi Kurnia Andi Frezky Saputra Ilham Dwijayana Ardhana, Adnan Septian Arwin Dunggio Asmara, Ayu Asna Aneta Astuti Lauris Bagus Wicaksono Bango, Fikran S Dian Ekawaty Ismail Djenaan, Fildzah Muzdalifah Dolot Alhasni Bakung Duke Arie Widagdo Dwi Apriliyani J Nusi Dwi Apriliyani J Nusi Dwi Hasrianty Ruchban Dwi Kasih Maharani Taib Dwi Kasih Maharani Taib Enry Muhamad Rizky Polontalo Erman I. Kasim Fajrily S. M. Lihawa, Juniar Fauzia S. Tuna Fence M Wantu Fenty U. puluhulawa Fibriyanti Karim Fitran Amrain Ginintu, Mohamad Irvan Fahrizal Glaidy Angelina Nayoan Gusniarjo Mokodompit Hasan, Rifal Husaeri Husen, Yusuf ikbal sulaiman Ilham Jafar Indra Saputra Daud Irma Suryani Itra Saleh Jafar, Ilham Johan Jasin Julius T. Madjo Julius T. Mandjo Juniar Fajrily S. M. Lihawa Juniar Sidiki Kupang, Frisca Melati Lahay, Nadela Ramadhanty Caesarani Lisnawati W. Badu Lusi Margareth Tijow Mamu, Karlin Z Mandjo, Julius T. Margaretha Husain Maskun Megiani, Ni Made Mellisa Towadi Miftahuljannah Sidik Miftahuljannah Sidik Mohamad Hidayat Muhtar Mohamad Irvan Fahrizal Ginintu Mohamad Taufiq Zulfikar Sarson Mohamad, Dhea Putri Mohammad Taufik Zulfikar Sarson Mokodompit, Gusniarjo Mokodompit, Gusniarjo Muh Nizar Zulmi Muhamad Khairun Kurniawan Kadir Muhammad Arief Tungkagi Musa, Dela Kartika Mutia Cherawaty Thalib Nanang Meiske Kamba , Sri Nasrudin Nasrudin Naswar, Naswar Nirwan Junus Nisrina M. Adam Normiati, N Novendri M Nggilu Nurul Amalia Syahrullah Yulianto Nurul Fazri Elfikri Nuvazria Achir Pakaya, Siti Nuraisyah Palilati, Nur Fika Pantui, Darwin Patamani, Nurwahida H. Prala Ney Putra, Muhammad Yusuf Putri Amaliah Baderung Ridwan Dilapanga Risky Yanto Yunde Romansyah Fitra Lebie Rostuti Gau Rulan Pobi Rumawi Rumawi Rusli Rusli Saiban S. Marzuki, Moh Salim Alidrus Samon, Siti Nurfadilla Sapiddin, Andi Syahwiah A Sarah Magfirah Daud Sazpah, Wahana Semiaji, Trubus Shalaysa Rahmadani Amana Fatiha Silvani Nur Rahmat Lukum Siska Yulia Chandra Eyato Siti Asifa Tahir Siti Hardianti Paramata Siti Mutia Suleman Siti Nur Magfirah A. Hudodo Siti Nur Magfirah A. Hudodo Sofyan Piyo Sofyan W.P Bempa, Sofyan W.P Sri Indriyanti Mahmud sri kamba SRI MULYANA LIHAWA Sri Nanang Meiske Kamba Supratman Supratman, Supratman Supriyadi A. Arief Susanti I. Botu Susanti I. Botu Suwitno Yutye Imran Syamsuddin, M. Yusuf Taufiqurrohman, A.H. Asari Tinto Maulana Rahim Trubus Semiaji Trubus Semiaji Udin Hamim Umar, Mohamad Gusnal Waode Mustika Weny Almarovid Dungga Weny Almarovid Dungga Weny Almoravid Dungga Wirasaputri, Nina Merantie Yusuf, Asriwati I Zahra Yudith Dako Zakaria, Nursusilawati Zamroni Abdussamad Zuriyati T. Deni