Articles
<![CDATA[Herd Immunity VS Human Rights ]]>
<![CDATA[Djamaludin Habi]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Jufryanto Puluhulawa3]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i3.16220
<![CDATA[Abstract: This study aims to analyze law enforcement for people who refuse vaccination from the perspective of human rights, as well as to examine the obstacles faced by law enforcement in enforcing the law for people who refuse vaccination. This type of research is juridical empirical. The approach used in this research is the statute approach and the case approach. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. The results show that the Government and the Covid-19 task force tend to provide education and rewards to people who want to be vaccinated and provide administrative sanctions for those who refuse, especially the space for movement and regulation of vaccine card requirements in receiving public services by the government and the police. The thing that hinders the process of vaccination to the public is the doubts that arise in the community about the safety and halalness of vaccines caused by hoax news from sources that are not credible.]]>
<![CDATA[Effectiveness of Impeachment Against Deputy Regent of Gorontalo Regency ]]>
<![CDATA[Luksiana Lasimpala]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Novendri M. Nggilu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13287
<![CDATA[The purpose of this research is to know and analyze the Legal Regulation of The Impeachment of Regional Heads and/or Deputy Heads of Regions according to The Provisions of Law No. 23 of 2014 on Local Government and the effectiveness of impeachment against the deputy Regent of Gorontalo Regency. The type of research used by researchers in the preparation of this study is to use normative research types that are supported by the existence of field data (empirical) using 2 (two) approaches, namely the Legislative And Case Approach. The results of this study show that the effectiveness of impeachment against the deputy Regent of the Gorontalo Regency is influenced by 3 (three)factors that affect the effectiveness of dismissal against the deputy Regent of the Gorontalo Regency, namely: the legal factor. alone, where there is no normative framework that regulates the law of dismissal events in the head of the region, second, law enforcement factors, namely regarding the competence of judges in the break the case and the unclear involvement of legal counsel (advocate), third, the legal culture factor characterized by the disobedience of the Ministry of Home Affairs to the deadline which has been made imitatively in Law 23 of 2014 concerning Local Government. ]]>
<![CDATA[Police Obstacles in Revealing the Crime of Disposing of Babies ]]>
<![CDATA[Titik Mokoagow]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19228
<![CDATA[The purpose of this study is to know and analyze what factors hinder the police in uncovering the crime of disposal of babies in Bone Bolango and to find out what the police are trying to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police. This type of research is empirical research. The results showed that the role of the police in uncovering the crime of disposal of babies in the Tapa Sector Police, the investigation process was still stopped because the police experienced factors that hindered the police in uncovering the crime of disposal of babies. These factors were internal factors consisting of a lack of members and sources. Human Resources, lack of evidence, and difficulty in determining suspects, Then there are also external factors, namely the lack of public awareness. Then, in this case, the police made efforts to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police by conducting patrols, counseling and outreach activities in the community.]]>
<![CDATA[Victimological Review Of The Criminal Offence Of Child Abuse By Father And Step-Uncle ]]>
<![CDATA[Rizal Alulu]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23118
<![CDATA[Abstract: This study aims to determine the victimology review of victims of criminal acts of child molestation committed by their stepfather and uncle. This research raises two issues, namely how to review the victimology of victims of criminal acts of sexual abuse and the form of legal protection for children who are victims of criminal acts of sexual abuse. This research uses empirical legal research methods with a descriptive approach. The results of this research show that children who are victims of criminal acts of sexual abuse have a passive role in that they do not act, but with their attitude they push themselves to become victims, resulting in crimes occurring against them, whose nature and character tend to be weak physically and in terms of their thinking power. The legal protection provided is contained in Law Number 35 of 2014 in place of Law Number 23 of 2002 concerning Child Protection. Protection efforts include the rehabilitation of children who are victims and providing protection for the broadcast of victims' identities to prevent labeling of children which affects the future of children who are victims of criminal acts of sexual abuse.]]>
<![CDATA[Factors That Cause Families To Commit Crimes Against Children ]]>
<![CDATA[Zhakilla Salsabilla Rizky Imani Pulubuhu]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23588
<![CDATA[This research aims to find out what factors cause families to commit criminal acts against children. This research uses empirical research methods by taking a qualitative approach. The results of this research found that cases of criminal acts against children occurred twice at the Gorontalo City Police in the past 3 years. In the child kidnapping case handled by the Gorontalo City Police, this case has become a case that has shocked Gorontalo residents recently. There was talk of a six year old child with the initials NV who suddenly disappeared and had even been searched for but not found around the city of Gorontalo until it was recently discovered that he had been taken by his aunt to Jakarta without his parents knowing. The perpetrator has been arrested by the Gorontalo City Police and stated that this case is currently in the second stage, namely the prosecutor's handling stage. Meanwhile, in the case of abuse that resulted in death, a five year old child died as a result of torture which caused several lacerations and bruises until the victim finally died. The perpetrators of this case are known to be the victim's step-grandmother, the victim's step-mother and none other than the victim's biological father.]]>
<![CDATA[Analysis of the Juridical Review Regarding the Action of Checking Mobile Phones by Police Officers During Patrols ]]>
<![CDATA[Muda, Mahmud]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Y. Mantali, Avelia Rahmah]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.21704
<![CDATA[The purpose of this study is to find out the provisions governing the inspection of cellphones by police officers during patrols. The research method used is a normative research method using a literature study approach. The results of this study are about the Raimas Backbone Team who violated the law against Article 1 number 18 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) concerning Body Search is an investigator's action to conduct an examination of the suspect's body and or clothes to search for objects that are strongly suspected of being on his body or carrying with him, to be confiscated. In this case it is clear that the actions of the Raimas Backbone Team who carried out the search were beyond the authority given to them, because basically in the Criminal Procedure Code Number 8 of 1981 Article 6 paragraph 1. Investigators are: (a) ). State police officials of the Republic of Indonesia, (b). Certain civil servant officials who are given special authority by law.]]>
<![CDATA[Legal Protection Of The Gorontalo City Police Against Debtors Who Transfer Fiduciary Vehicles Without The Consent Of The Fiduciary Recipient ]]>
<![CDATA[Puluhulawa, Sitty Masitha Syeila]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Meiske Kamba, Sri Nanang]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24193
<![CDATA[The purpose of writing this article is to determine the efforts that can be prevented by the police against fiduciary acts in the transfer of fiduciary objects in the jurisdiction of Gorontalo City. The method used in this study is to use empirical research methods with a qualitative approach. HasiL research on this case fiduciary receiver or 2nd party raises the issue of the possibility of a crime in the field of fiduciary. This event is where the 2nd party makes a car loan at a financing company or individual with an installment payment system in accordance with the agreement specified in the agreement and for a certain time. In fact, after the credit agreement is running, the 2nd party (fiduciary recipient) does not perform its obligations as agreed between the twelve fiduciary parties to the fiduciary recipient to pay the installments, but resells the goods that are the object of fiduciary security to the 3rd party without the knowledge of the 3rd party whose vehicle is still in the installment financing 2nd (fiduciary recipient) to the First party (fiduciary giver).]]>
<![CDATA[Protection and Punishment of Domestic Violence Victims by the Gorontalo City Resort Police Department ]]>
<![CDATA[Sifat, Ditasya Amalia R.]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Mandjo, Julius T.]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i3.28868
<![CDATA[The purpose of this study is to analyze the legal protection provided by Gorontalo City Resort Police to victims of domestic violence (KDRT) and evaluate the extent to which the protection is in accordance with applicable legal provisions. Based on the study of the implementation of legal protection, there is a discrepancy between the policy stipulated in Law No. 23/2004 on the Elimination of Domestic Violence and the practice in the field. This research uses a qualitative approach with the method of interviewing the local police and analyzing the data obtained. The results showed that the protection provided by the police was limited to the trial process, without any further assistance for victims, especially in post-incident trauma recovery. The main factor inhibiting further assistance is the limited budget owned by the police. Therefore, this study suggests the need for synergy between the police, social services, protection agencies, and other related parties to provide more comprehensive protection to victims of domestic violence, as well as strengthen the implementation of police duties in protecting the community]]>
<![CDATA[The Influence of Digitalization in Encouraging Crime: A Criminological Perspective ]]>
<![CDATA[Balqis, Ainun Agustina Atiqah]]>;
<![CDATA[W. Badu, Lisnawaty]]>
<![CDATA[ Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v7i1.27964
<![CDATA[Digitalization has a significant impact on the increase in crime, especially through the phenomenon of criminal imitation models spread on the internet. This research aims to analyze the influence of digitalization on crime from a criminological point of view. The methodology used is a qualitative approach with a descriptive design and normative data collection techniques. The results showed that the development of digitalization triggered an increase in imitative criminal behavior, as shown by police data indicating an upward trend in crime in the last five years. Social media, especially TikTok, is the main platform for disseminating content that encourages imitation of criminal acts. These findings confirm the importance of strengthening regulations and prevention strategies to mitigate the negative impact of digitalization on criminal behavior]]>
<![CDATA[The Legal Standing and Regulation of Legal Counsel for Members of the Indonesian National Police ]]>
<![CDATA[Rasyid, Rahmat Eka Putra]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Apripari, Apripari]]>
<![CDATA[ Estudiante Law Journal VOL. 7 No. 2 JUNE 2025 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v7i2.31652
<![CDATA[This article aims to analyze the regulation of legal counsel within the profession of the Indonesian National Police (Polri), as well as to examine the legal basis that enables Polri to provide legal assistance. This study adopts a normative legal research method, utilizing statutory and conceptual approaches. Legal materials were collected through document studies and analyzed prescriptively. The findings indicate that the role of legal counsel in Indonesia is generally governed by Law Number 18 of 2003 concerning Advocates and Article 1 paragraph (13) of the Indonesian Criminal Procedure Code (KUHAP). However, Polri also has its own internal regulations regarding legal counsel, particularly Regulation of the Chief of the Indonesian National Police Number 2 of 2017 on the Procedures for Providing Legal Assistance by Polri, especially Article 1 paragraph (6) and Article 5 paragraph (2). This regulatory framework raises juridical issues as it is not fully aligned with the provisions of the Advocates Law, particularly Article 3 paragraph (1) letter c, which stipulates that only licensed advocates have the right to provide legal services. Therefore, a legal review of conflicting norms is necessary to ensure legal certainty and to prevent overlapping authority between the advocate profession and legal counsel within Polri.]]>
