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Journal : Estudiante Law Journal

Unraveling The Efforts of Gorontalo's POM Office Against Consumers Who Are Lost Due to Problematic Cosmetics Promotion on Instagram Yutika Fitriyani Tomoolango; Mutia Cherawaty Thalib; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.737 KB) | DOI: 10.33756/eslaj.v1i3.12927

Abstract

Abstract:The purpose of this study was to find out how the Gorontalo’s POM Office efforts towards consumers who were harmed by the promotion of problematic cosmetics on Instagram. This study uses an empirical legal research method, which puts field facts as data. Sources of data used are primary data as the main data (the results of observations and interviews in the field), and secondary data such as legislation, and scientific works. Meanwhile, the population and the sample used were Gorontalo POM Office. The results showed that the efforts made by Gorontalo POM Office against consumers who were harmed by the promotion of cosmetics on Instagram were carried out in 2 (two) ways, namely legal protection with preventive measures by carrying out socialization, and other actions deemed correct and relevant; and legal protection with repressive measures carried out by providing guidance to business actors, confiscation of goods, to imposing sanctions and other measures deemed relevant.Keywords: Legal Protection; Consumer; Responsibility
Criminology Study of Sexual Violence in Children Khairunnisa Taha Oponu; Mutia Cherawaty Thalib; Avelia Mantali
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 (82.142 KB) | DOI: 10.33756/eslaj.v4i2.15955

Abstract

The purpose of this study is to determine the factors that cause sexual violence that occurs in children and to determine the efforts to overcome cases of sexual violence against children in Gorontalo Regency. The research method used is empirical legal research using a case approach and a conceptual approach. The results of the study found that there were five factors that caused cases of sexual violence against children in Gorontalo Regency, including: the lack of family responsibility, the lack of social control from the community, the technology factor, the alcohol factor, the lack of understanding and the inculcation of norms in the order of life. . The most dominant factors according to the percentage of cases of sexual violence against children in Gorontalo Regency are the lack of parental responsibility and technology (social media) factors. Efforts to prevent and overcome cases of sexual violence against children in Gorontalo Regency are carried out with preventive efforts, namely a form of prevention before the occurrence of cases of sexual violence against children. Preventive efforts are divided into five efforts, including: applying self-awareness, active communication with family, using technology as best as possible, choosing a good environment, socialization from related parties. The other efforts are repressive efforts, one of the forms of efforts to overcome when there have been cases of sexual violence against children. Repressive efforts are carried out by providing criminal sanctions for crimes that have been committed by the perpetrators. As well as repressive efforts to victims by providing psychological assistance and legal assistance.
Juridical Review Of Working Agreements On The Safety Of Ship Crew Dilfa Nurfadila Lahibu; Mutia Cherawaty Thalib; Julius T. Mandjo
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 (314.475 KB) | DOI: 10.33756/eslaj.v4i2.19159

Abstract

The purpose of writing is to describe the legal relationship between sea work agreements and work agreements based on the Labor Law in Indonesia and to describe the effectiveness of the implementation of sea work agreements on the work safety of crew members. This type of research uses an approach focused on normative legal research with a legal concept related to analysis and construction carried out with specific methods. In general, in an agreement, there is an object where the parties agree to enter into law to carry out the work. For this reason, the rights and obligations of the crew in the PT AWB work agreement have been implemented. They are guided by statutory regulations, including employers' 
Implementation of Rural Area Development Based on the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Muh Muhyi Tombinawam; Mutia Cherawati Thalib; Abdul Hamid Tome
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20381

Abstract

This study aims to determine how the implementation of rural area development in Bone Bolango Regency is based on Ministerial Regulation Number 5 of 2016. The legal basis of the rural area development policy is Law Number 6 of 2014 concerning Villages. The law has the purpose and function of creating a strong, independent, peaceful, and democratic village that is used to regulate the development of rural areas. The results of this study are; 1). The implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 can be carried out by forming a Coordination Team for Rural Area Development, planning the preparation of the development plan in question, and cooperation and determination of the village sarasan; 2). Obstacles in the implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 are the lack of formation of a Rural Area Development Coordination Team (TKPKP), and the lack of maximum implementation of rural area development in Bone Bolango Regency
Authority Of the National Land Agency in The Implementation Of Mediation On Land Disputes In The City Of Gorontalo Sri Listiani K. Umar; Mutia Cherawaty Thalib; Nirwan Junus
Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.12865

Abstract

This research aims to find out the authority of the National Land Agency in the implementation of mediation on land disputes and the obstacles of the Gorontalo City National Land Agency in the implementation of mediation against land disputes. The research method used is empirical.  The results of the research obtained by the author include the Authority of the National Land Agency whose rights are attached to the Gorontalo City Land Office, is the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning the Settlement of Land Cases is valid based on applicable laws and regulations. So that the Land Agency must resolve disputes that are complained about by the community without having to go through the judiciary if the parties are willing to be mediated by officers in the Land Office in question. Furthermore, the obstacles of the Gorontalo City Land Agency are still a lack of public awareness and understanding of mediation, the absence of the parties to the dispute, as well as the appointed mediator parties, still, the lack of certified mediator personnel and administrative complaints filed by complainants are incomplete.
Application of Regional Regulations on Public Order in Handling Homeless and Beggars Alhimny Fitrah Janu; Mutia Cherawaty Thalib; Abdul Hamid Tome
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.v5i3.20549

Abstract

The purpose of this research is to find out what is the effectivenesstackling homeless and beggars in Gorontalo City based on Article 23 of Regional Regulation No. 1 of 2018 concerning Public Order. Then also to know and explain what are the factors that hinder the handling of homeless people and beggars. The results of the study show that the prevention of homeless people and beggars in Gorontalo City has not been effective. This is due to the fact that the efforts being made are limited to repressive efforts by using the Civil Service Police Unit as a government apparatus based on the Gorontalo City Regional Regulation Number 1 of 2018 concerning Public Order. Then the factors that hinder the handling of homeless and beggars are divided into internal factors, including: limited operational costs, lack of facilities and infrastructure, lack of agencies involved, and leakage of information to the public. The external factors are: the presence of persons coordinating the homeless and beggars, and the habit of the people who like to give.
Juridical Analysis of Minors' E-Commerce Transactions Are Related To Article 1320 of the Civil Code's Agreement Terms Aditya Algifari Badu; Mutia Cherawaty Thalib; Abdul Hamid Tome
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.v5i3.23069

Abstract

The purpose of this study is to determine the validity of the Terms of Agreement on Transactions through e-commerce conducted by minors, which is divided into two sub-discussions, namely first how the validity of agreements in e-commerce transactions according to Article 1320 of the Civil Code and second how the legal protection of the parties in conducting e-commerce transactions conducted by minors. This type of research is a qualitative literature research with a juridical-normative approach. The results of this study show that agreements through e-commerce are declared valid and declared born when an agreement is reached regarding the object being promised, and cannot be separated from what has been basically stated by Article 1320 of the Civil Code by using electronic media so that the contract is not realized in writing. E-commerce transactions are carried out by parties, one of which is under age, the agreement is considered valid as long as it does not harm both parties, and the underage party understands the agreement that must be fulfilled and is responsible for what has been agreed upon.
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.
Notary Liability for Authentic Deed via Video Conference Tombiling, Marcella Natalia; Thalib, Mutia Cherawaty; Zulfikar Sarson, Mohamad Taufiq
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.v7i1.30795

Abstract

The creation of authentic deeds through video conferencing has become increasingly popular amidst technological advancements and the need to adapt to social distancing restrictions due to the pandemic. This study aims to identify the challenges and risks faced by notaries in the creation of authentic deeds online and to find solutions for maintaining the validity and integrity of the deeds. The method used is a descriptive qualitative approach with a case study, where data is collected through literature review and interviews with notaries and legal practitioners. The results of the study indicate that the main challenges in the creation of authentic deeds via video conferencing include technical issues, the difficulty of verifying identities without face-to-face interaction, and the risks of fraud or coercion of the parties involved. Proposed solutions include the use of secure identity verification technologies such as electronic signatures and biometrics, as well as the implementation of clearer regulations regarding online authentic deed creation. Additionally, the importance of maintaining process integrity by involving witnesses virtually and ensuring transparency is emphasized. This study concludes that although the creation of authentic deeds through video conferencing presents various challenges, with the proper application of technology and careful oversight, the resulting deeds remain valid and legally binding
Legal Protection Mechanism for Pension Fund Beneficiaries Against Maladministration of Pension Payments Lihawa, Rahmad; Thalib, Mutia Cherawaty; Sarson, Moh. Taufiq Zulfikar
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.v7i3.34058

Abstract

This research discusses the legal protection mechanisms available to pension beneficiaries against maladministration in pension fund payments by partner banks of PT Taspen (Persero), specifically Bank SulutGo in the Gorontalo region. The background of this study stems from the fact that pension funds are a constitutional right of citizens, as stated in Article 28H paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and are also a form of social security guaranteed by Law No. 40 of 2004 concerning the National Social Security System. However, in practice, maladministration cases such as unilateral account blocking, transfer delays, and lack of transparency in information have been found, which cause retirees difficulties in accessing their entitlements. This study uses normative legal research methods with a statute approach and case approach, based on a study of banking regulations, consumer protection, and the social security system. The results of this research indicate that maladministration in pension fund payments can be categorized as a violation of consumer rights as regulated in Law No. 8 of 1999 on Consumer Protection and is contrary to the principles of prudence, transparency, and accountability in banking. The available legal protection mechanisms are divided into preventive measures, such as strengthening regulations and supervision, and repressive measures through internal complaints in banks, dispute resolution through the OJK and LAPS-SJK, up to civil lawsuits in court. However, challenges such as weak supervision, limited legal literacy, and the position of pensioners as vulnerable groups remain the main obstacles. Therefore, comprehensive legal protection needs to be strengthened, involving the government, PT Taspen, partner banks, and law enforcement agencies, to guarantee legal certainty, justice, and benefits for pension beneficiaries.
Co-Authors Abdul Hamid Tome Aditya Algifari Badu Ahmad Ahmad Aid Pramudya Husain Aid Pramudya Husain Akbar Hidayatullah Daud Alhimny Fitrah Janu Amanda Adelina Harun Andini Kariza Apripari, Apripari Arsyad, Melinda Astri Yulisti Datau Avelia Rahmah Y Mantali Cahyani Wayuningtias Posangi Condro Susanto Riyadi Čović, Ana Delvi Putri Kaparang Desiana Ahmad Desya Natalia P. Wulungo Dilfa Nurfadila Lahibu Dolot Alhasni Bakung Enry Muhamad Rizky Polontalo Fadel Afandi Faradini, Nurul Fauzia Latief Fence M Wantu Fikran Tomayahu Hadju, Zainal Abdul Aziz IDRUS, NAZLA ABD AL Ipetu, Ainun S Iqbal F. Ibrahim Irawaty Aliya Pakaya Ismail Yahya IYAN KASIM Julisa Aprilia Kaluku Julius T. Mandjo Khairunnisa Taha Oponu Khoirunnisaa Pakaya Laliyonu, Sri Ananda Lihawa, Rahmad Lisnawati W. Badu Lukum, Silvana Mamu, Karlin Z Mandjo, Julius T. Mantali, Avelia Rahmah Y Manto, Salsabila Amanda Massie, Fitri Hidayah Mellisa Towadi Moh Aditya Adjara Moh. Taufiq Zulfikar Sarson Moh.Taufiq Zulfikar Sarson Mohamad Hidayat Muhtar Mohamad Rivaldi Moha Mohamad Rivaldy Moha Mohamad Taufiq Zulfikar Sarson Mohammad Rivaldi Moha Muh Muhyi Tombinawam Muhamad Khairun Kurniawan Kadir Muhammad Alfhito Badjuka Nathanael, Julian Rizky Naue, Mohamad Jill Nggiu, Siti Sahra Nirwan Junus Nisya Purnama A. Imran Noval Sufriyanto Talani Novendri M Nggilu Nur Mohamad Kasim Nurul Fazri Elfikri Nurul Syazwani Sabang Nuvazria Achir Polutu, Eka Benanti Pulubolo, Rifky Putri Anggraeni Maga Putri Ayi Winarsasi Putri, Viorizza Suciani Rahmawaty Mustafa Riana Hasyim Rifka Riani Loleh Rindi Mariana Antika Roman Agustian Hasan Roman Agustian Hasan Sarson, Moh Taufiq Zulfikar Siti Nurmilawaty Tuliyabu Siti Sahra Nggiu Sri Listiani K. Umar Sri Nanang M.Kamba Sri Nanang Meiske Kamba Sri Susanti Auna Subetan, Nazwa Said Suleman, Moh. Nikswanto S. Suwitno Yutye Imran Taufiq Zulfikar Sarson Tombiling, Marcella Natalia Yonal Ma’ruf Yutika Fitriyani Tomoolango Zamroni Abdussamad Zulfikar Sarson Zulfikar Sarson, Mohamad Taufiq