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Journal : Estudiante Law Journal

Herd Immunity VS Human Rights Djamaludin Habi; Lisnawaty W. Badu; Jufryanto Puluhulawa3
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.797 KB) | DOI: 10.33756/eslaj.v3i3.16220

Abstract

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.
Legal Protection for Consumers' Personal Data in Online Shopping Mawarni Karim; Fenty U. Puluhulawa; Jufryanto Puluhulawa; Vifi Swarianata
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 (418.67 KB) | DOI: 10.33756/eslaj.v4i2.19244

Abstract

In the current technological era, developments occur in all aspects of life including trading activities, namely online shopping. Online shopping began to grow and develop into a habit for the community. Mothers' shopping habits are increasingly turning to buying and selling online for more practical reasons. For modern society, especially in Indonesia, online shopping, online shopping applications, and social media have various kinds of goods or services that they want or need. the purpose of conducting this research is to analyze the legal protection of the personal data of consumers who shop online. The research used in this paper is Juridical Sociological research and uses a descriptive qualitative research approach and uses interactive analysis techniques
Legal Protection for Children as Victims of the Crime of Sexual Intercourse Firda Salam; Lisnawati W. Badu; Jufryanto Puluhulawa
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 (67.523 KB) | DOI: 10.33756/eslaj.v4i2.16041

Abstract

This study aims to determinelegal protection for children as victims of the crime of sexual intercourse.The method used in this research is empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive qualitative analysis techniques. The results of this study indicate thatLegal protection for child victims of the crime of sexual intercourse is given with the aim of protecting victims, especially victims of sexual intercourse in order to get their rights as victims by way of children getting health services as an effort to restore the condition of children as victims of sexual intercourse, children also get legal protection in terms of legal aid, rehabilitation, and prevention. The need for a fair criminal law settlement for victims of sexual intercourse, which adds or considers the rights of victims of sexual intercourse and parents should participate in efforts to provide protection for children by fulfilling children's rights, protecting the best interests of children, and increasing supervision over children. environment and children's play area. 
Application of Criminal Sanctions Against Illegal Mining Perpetrators According to Law Number 3 of 2020 Laras Cipta Ilahi; Nirwan Junus; Jufryanto Puluhulawa
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.v5i3.23259

Abstract

The purpose of this study is to determine and analyze the application of criminal sanctions against illegal mining actors according to Law Number 3 of 2020 in Dengilo District, Pohuwato Regency, and to determine and analyze the impact of illegal mining in Dengilo District, Pohuwato Regency. The type of research used in this study is empirical legal research using data collection techniques through direct observation and interviews with related parties. The results of this study show that the application of criminal sanctions in Kec. Dengilo is still not optimal, because there are still many perpetrators who continue to carry out activities secretly at the mine site. The miners carried out mining activities at night using heavy equipment even though it had been prohibited by the authorities. The government of Dengilo District, Pohuwato District, has made socialization efforts to the community regarding the provisions governing mining problems and sanctions for those who violate these provisions and has collaborated with the Pohuwato Regional Police in following up perpetrators of illegal gold mining crimes by the provisions of Law Number 3 of 2020. The impact caused by illegal gold mining in Dengilo District is positive: increasing local income, accommodating labor, and increasing community income. Negative impacts: river water pollution, damage to agricultural land, destruction of forest areas, causing casualties, causing landslides, and disrupting public health. Therefore, the government should facilitate and determine community mining areas. 
Law Enforcement Challenges to Defamation on Social Media Tista Nabila Ahmad; Dian Ekawaty Ismail; Jufryanto Puluhulawa
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.v5i3.24039

Abstract

The aim of this research is to find out and analyze aboutlaw enforcement against perpetrators of defamation through social media in jurisdictionsAs a result of this research, researchers found that first, How is the implementation of law enforcement against perpetrators of defamation via social media by the Gorontalo City Police, after the ITE Law No.19 of 2016, that is the implementation of law enforcement against perpetrators of defamation via social media by Satreskrim. Second, the factors that become obstacles for the police in enforcing the law against perpetrators of defamation through social media in accordance with the ITE Law No. 19 of 2016, namely the obstacles or obstacles lie in the legal constraints themselves, constraints from law enforcement, constraints on facilities and infrastructure, constraints from society, cultural constraints
Legal Review of Ferdy Sambo Decision From the Perspective of Justice of the Offender Riskiqa Sekarsari, Nesha Sarah; Puluhulawa, Jufryanto
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.v1i1.23642

Abstract

Abstract: The purpose of the research is to find out what factors influence the imposition of sanctions for illegal mining crimes in decision No. 177/Pid.Sus/2022/PN Gto. The research method used in this research is the normative research method by taking a statutory approach. The results of this study Illegal mining has a detrimental impact, both for official permit holders and the environment. Perpetrators of illegal mining can be subject to criminal sanctions in accordance with the provisions in Law Number 4 of 2009 concerning Mineral and Coal Mining. Criminal sanctions that can be given include imprisonment and fines. The factors that influence the decision of Decision Number 177/Pid.Sus/2022/PN Gto are laws and regulations, violation of the law, involvement of the defendant, absence of a valid permit, level of loss and environmental impact, and mitigation factors.
Analysis of the Legal Strength of Using Closed Circuid Television in Proving Crimes of Theft Handika, Ahmad; Puluhulawa, Jufryanto
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.v1i1.24187

Abstract

This research aims to determine the legal strength of the use of closed circuit television in proving criminal acts of theft. This research is normative legal research with a statutory approach and a conceptual approach which is then formulated systematically so that it provides an overview and is processed by researchers using descriptive analysis techniques. The results of the research show that the use of CCTV (closed circuit television) recordings in general crimes as electronic evidence cannot be used as stand-alone evidence in the Criminal Procedure Code because the Criminal Procedure Law only recognizes five tools. evidence as contained in Article 184, added to the evidence using the Negatief Wettelijk theory of evidence where the judge may only pass judgment based on valid evidence by the provisions in the Criminal Procedure Code for general crimes