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Journal : Estudiante Law Journal

Analysis Of The Role Of The Office Of Religious Affairs In Managing The Case Of Siri Marriage Couples Debi Sintia Dali; Sri Nanang Meiske Kamba; Nurul Fazri Elfikri
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 (73.862 KB) | DOI: 10.33756/eslaj.v4i2.16252

Abstract

The purpose of this study is to find out and analyze how the role of the religious affairs office in dealing with Siri marriages in the North City District. The method used in this research is an interviews, observation, and documentation. This type of research is descriptive and qualitative. The qualitative descriptive analysis approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object or field. The types of data used in this study are primary and secondary data. The results of the study indicate that the role of the religious affairs office in tackling Siri marriages in the District of North City includes providing counseling on marriage registration and happy families to prospective brides and guardians, conducting socialization about the impact of unregistered marriages, and also the importance of registering marriages carried out in every time he fills an event, either a recitation or an event that involves the head of the religious affairs office. Factors that hinder the religious affairs office in dealing with unregistered marriages in the North City sub-district include Lack of competent human resources, low awareness of the law in society, and inadequate facilities and infrastructure.
Untangling the Causes of Land Ownership Disputes Maryam Naway; Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.555 KB) | DOI: 10.33756/eslaj.v4i2.18183

Abstract

The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes. 
Responsibilities of Land Deed Officials In Disputes of Making Deeds of Sale and Purchase of Inherited Land Srynovia Wati Amu; Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (79.003 KB) | DOI: 10.33756/eslaj.v4i2.16229

Abstract

The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchase of landShared Property Rights (Boedel) Those Who Are Still Disputingwill not continue in making the deed of sale and purchase when one of them still objected or is still in dispute because it is already contained in the laws and regulations but in other studies will still accept the disputed on the condition that mediation must be carried out so that the problem can be solved and PPAT's efforts in completing the deed of sale and purchase of land common property rights, namely by conducting deliberation.
Legal Implications of Differences in Goods Price Labels in Shop Cashier Showcases for Entrepreneurs Suci Laboro; Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v4i2.18462

Abstract

The purpose of this research is to know and analyze about iThe legal implication is that there is a difference in the price tag of goods on the window display and the shop cashier for entrepreneurs, which has implications for the provisions of the Consumer Protection Act and Permendag No. 35 of 2013 which can result in criminal sanctions and administrative sanctions as well as payment based on the lowest price tag. Based on the aspect of responsibility as a business actor, namely public accountability and private responsibility, it has implications for law enforcement (criminal sanctions and administrative sanctions). The problem of price differences in shop windows and during the payment process at the cashier also has implications for the course of the buying and selling process in social life, among other things, has implications for price uncertainty, injustice for consumers, and has implications for benefits that only benefit business actors... 
Arrangements for the Distribution of Song Royalties as Joint Property Are Regulated in Copyright Law Yusuf, Nurullah Wahdania; Almoravid Dungga, Weny; Fazri Elfikri, Nurul
Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i2.26796

Abstract

The purpose of this research is to be able to understand how the regulation of the distribution of song royalties as joint property according to Law Number 28 of 2014 concerning Copyright. The research method used in this research is the type of legal research used in this research is normative legal research. Normative legal research can also be referred to as doctrinal legal research. In this study, law is often conceptualized as what is written in laws and regulations (law in book) or law is conceptualized as rules or norms that are a benchmark for community behavior towards what is considered appropriate. The results of this study on the regulation of the distribution of song royalties as joint property in divorce cases are not specifically regulated in the Law. However, some of the provisions described in Law Number 28 of 2014 concerning Copyright can be a guide in this regard, especially Article 18 and Article 30 of the Copyright Law. These articles stipulate that after a period of 25 years, the economic rights to song creations that were previously transferred will return to the creator or performer. This is intended to protect the economic rights of the creator or performer over their work and prevent the transfer of economic rights that are permanent or indefinite to other parties.
Legal Consequences of Selling Expired Snack Products by Changing the Production Date Label Conducted by Business Actors Syaus, Fanisa Oktaviani; Abdussamad, Zamroni; Elfikri, Nurul Fazri
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.v1i1.25204

Abstract

The purpose of this study is to describe the legal consequences of the sale of expired snack products by changing the production date label carried out by business actors. The research method used in this article uses normative research methods by conducting a library study approach. The results of this study are the case of changing the expiration date label on food packaging, as well as other regulations that are relevant to the case, namely Permendag No.25 of 2021 concerning the Determination of Goods that are Required to Use or Equip Indonesian Language Labels and PP No.69 of 1999 concerning Food Labels and Advertising. In MOT 25/2021, it is explained in Article 1 Paragraph (1) that, with this Ministerial Regulation, goods that are obliged to use or complete Indonesian language labels are determined. Then in Article 2 Paragraph (1) of Government Regulation of the Republic of Indonesia Number 69 of 1999 concerning Food Labels and Advertising, it is stated that, Every person who produces or imports packaged food into the territory of Indonesia for trading is obliged to include a label on, in, and or in food packaging. So, from the explanation above that the use of labels on food products is very important because it provides clear information about the product, whether it is still suitable for consumption or not, so the use of labels must be included. therefore, the replacement of production and expiration date labels on snack and snack food packaging can have a negative impact on society, especially on children who often consume these foods. This can also jeopardize human safety and health, in accordance with the principle of consumer safety and security, which ensures that people can use, use, and use the goods or services they consume or use.
Legal Protection Against Auction Prices of Goods Through Instagram in Review of Law Number 8 of 1999 concerning Consumer Protection of Goods and Services Pulumoduyo, Anggun; Abdussamad, Zamroni; Elfikri, Nurul Fazri
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.v1i1.25941

Abstract

the purpose of this research is to find out the legal protection of auction prices of goods through Instagram in review of law number 8 of 1999 concerning consumer protection of goods and services. The research method used in this research is normative research method with qualitative approach. The results of this study Selling or conducting auction activities through social media instagram is not legal because there are no regulations governing and not in accordance with the regulations for the implementation of auctions in Indonesia. Whether through class I auction officials or class II auction officials who do not use the auction hall remains invalid. If this phenomenon occurs, there is a risk, if the loss is no legal protection because the auction via social media instagram does not provide legal certainty. In the Minister of Finance Regulation No. 213 / PMK.06 / 2020 concerning Guidelines for the Implementation of Auctions, there is no legal protection that can be given to Instagram auction accounts. This case the perpetrator clearly violates consumer rights, one of which is stated in Article 4 of the Consumer Protection Law "the right to choose goods and / or services and to obtain these goods and / or services in accordance with the exchange rate and the conditions and guarantees promised and the right to correct, clear, and honest information about the conditions and guarantees of goods and / or services." In Article 7 of the Consumer Protection Law "Provide correct, clear and honest information about the conditions and guarantees of goods and / or services and provide explanations for use, repair and maintenance, Treat or serve consumers correctly and honestly and non-discriminatory, and provide compensation, compensation and / or replacement if the goods and / or services received or utilized are not in accordance with the agreement."
Resolution of People's Business Credit (KUR) Breach at BRI Bank, South City N. Moeda, Nur Wulan; Dungga, Weny Almoravid; Elfikri, Nurul Fazri
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.v6i3.29266

Abstract

Kredit Usaha Rakyat (KUR) memegang peranan penting dalam mendukung pertumbuhan usaha mikro, kecil, dan menengah (UMKM) di Indonesia. Namun, sering terjadi wanprestasi sehingga menimbulkan tantangan bagi stabilitas keuangan Bank Rakyat Indonesia (BRI), khususnya di Kantor Cabang South City. Penelitian ini bertujuan untuk mengkaji proses penyelesaian wanprestasi KUR di unit ini dengan menggunakan pendekatan normatif dan empiris. Pendekatan normatif difokuskan pada evaluasi ketentuan yang mengatur penyelesaian wanprestasi, sedangkan pendekatan empiris melibatkan pengumpulan data langsung dari kasus-kasus yang terjadi di Kantor Cabang South City dalam kurun waktu tertentu. Hasil penelitian menunjukkan bahwa meskipun telah ditetapkan prosedur penyelesaian wanprestasi, masih terdapat beberapa tantangan dalam pelaksanaannya. Isu-isu utama yang dihadapi antara lain keterbatasan sumber daya manusia, penyampaian informasi yang kurang efektif kepada debitur, dan keterlambatan dalam proses penyelesaian. Lebih lanjut, penelitian ini mengungkap bahwa tingkat pendidikan debitur berpengaruh signifikan terhadap tingkat keberhasilan penyelesaian wanprestasi, dengan debitur yang berpendidikan lebih cenderung memenuhi kewajibannya dengan lebih efektif. Untuk mengatasi tantangan tersebut, penelitian ini merekomendasikan peningkatan kapasitas sumber daya manusia dan peningkatan program edukasi debitur di Kantor Cabang South City. Penguatan regulasi dan pengembangan kolaborasi antar pemangku kepentingan juga penting untuk memastikan keberlanjutan program KUR dan mendorong pertumbuhan UMKM di Indonesia.
Juridical Analysis of Judges Legal Considerations on the Reconvention Lawsuit for Transfer of Property Certificates Pagari, Fidya Maulidiani; Cherawaty Thalib, Mutia; Fazri Elfikri, Nurul
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.v7i1.30559

Abstract

This research aims to analyze the legal considerations provided by the panel of judges in the reconventional claim case related to the transfer of the Certificate of Ownership (SHM) in a land sale transaction. Specifically, this study examines how the judges assess the evidence presented in the reconventional claim and how the legal procedures related to the transfer of SHM are applied in the case of Court Case Number: 8/Pdt.G/2023/PN.GTO. The method used is normative research with a statutory, case, and conceptual approach, utilizing primary legal sources such as laws, court decisions, and secondary legal materials like books and journals. The results of the study show that the judges rejected the plaintiff's lawsuit because it did not meet the formal and substantive requirements outlined in civil law, such as the absence of a valid sale agreement and the failure to include all parties involved in the sale transaction. Additionally, the plaintiff failed to prove whether the defendant had committed unlawful acts or breached the contract, which should have been the basis for the lawsuit. As a result, the judges granted the reconventional claim filed by the defendant, who argued that the plaintiff's lawsuit was legally flawed. This research highlights the importance of fulfilling both formal and substantive requirements in civil lawsuits, as well as providing valid evidence in disputes regarding the transfer of land rights. The legal considerations of the judges demonstrate the application of the principles of legal certainty and justice to ensure that the decision made aligns with the applicable legal provisions and is accountable.
The Creditor's Role as the Fiduciary Guarantee Recipient in Movable Property Rights Protection System Rauf, Nur'Ainun Sri A.; Abdussamad, Zamroni; Fazri Elfikri, Nurul; Fathurrohman, Aulia
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.v7i2.31593

Abstract

The execution process of fiduciary guarantees in bankruptcy cases in Indonesia faces significant legal challenges. Although Law No. 42 of 1999 on Fiduciary Guarantees grants priority rights to creditors holding fiduciary guarantees, its implementation is often hindered by unclear procedures and inconsistencies between fiduciary guarantee law and bankruptcy law. This study aims to analyze the obstacles creditors face in executing fiduciary guarantees in bankruptcy cases and to find legal solutions to enhance legal certainty for creditors. The research method uses a normative approach, analyzing relevant regulations and court rulings, and comparing fiduciary guarantee law with bankruptcy law. The results indicate that legal uncertainty, a 90-day execution suspension after bankruptcy, and the role of the receiver, which delays the execution of fiduciary guarantees, are the main barriers. Therefore, it is recommended to implement legal reforms that provide clearer and more efficient execution procedures and ensure better protection of creditors' rights in bankruptcy situations. Thus, this study contributes to improving the fiduciary guarantee legal system in Indonesia.
Co-Authors Abdul Hamid Tome Aceng Asnawi Rohani Agung Andrianto Usman Agustin Ali Ahmad Ahmad Ahmad Ahmad ALINTI, SITI NURHALIZAH Amanda Adelina Harun Andrew Shandy Utama Apripari, Apripari B. Ndeo, Reynaldi Badu, Linawaty Wadju Cherawaty Thalib, Mutia D. Matona, Marshanda Adella Dama, Meylan Debi Sintia Dali Dede Agus dede agus, dede Dolot Alhasni Bakung Domili, Mutia Khairani Efendi, Syamsul Fadila Riski Y. Ibrahim Fathurrohman, Aulia Fence M Wantu Fenty U. puluhulawa Fitran Amrain FL. Yudhi Priyo Amboro, FL. Yudhi Priyo HARUN, YUSRIN M. hasnia, Hasnia Irlan Puluhulawa Juldin Latama Jusuf, Alvid Cesariansyah Kadir, Muthiara Afdillah Kai, Muh. Iksan Putra KASIM, NUR M. Kristi W Simanjuntak Livya Asifah Magfira Ngabito Mamu, Karlin Mamu, Karlin Z Mandjo, Julius T. Maryam Naway Ma’Ruf, Rahmawaty Mellisa Towadi Mohamad Hidayat Muhtar Mohamad Rivaldi Moha Mohamad Taufiq Zulfikar Sarson Mohamad, Dhea Putri Muhamad Khairun Kurniawan Kadir Muhammad Sabir Rahman Muntholib, Job Wahidun Mutia Cherawaty Thalib Mutiah Primadya N. Moeda, Nur Wulan Nathanael, Julian Rizky Naue, Mohamad Jill Nirwan Junus NUR AYIN HIOLA Nur M. Kasim Nur Mohamad Kasim Nurul Fahirah Nuvazria Achir Pagari, Fidya Maulidiani Pulumoduyo, Anggun Puspawardani, Rahmi Nuraini Putri Ayi Winarsasi Rauf, Nur'Ainun Sri A. Renly Aprilia Pakaya rohani, aceng asnawi Rotinsulu, Indriyawaty Sahid, Kheeisya Arzeeta S Sarson, Mohamad Taufiq Zulfiqar Simanjuntak, Kristi W Sri Nanang Meiske Kamba Sri Olawati Suaib Srynovia Wati Amu Suci Laboro Suwitno Yutye Imran Syamsul Efendi Syaus, Fanisa Oktaviani Talib, Mutia Cherawaty Usman, Ramadhan Waode Mustika Weny Almoravid Dungga Yudhi Priyo Amboro Yulianti Yusuf, Nurullah Wahdania Zahra Yudith Dako Zamroni Abdussamad