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Journal : Estudiante Law Journal

Challenges Faced by PPNS, BPOM, and the Indonesian National Police in Addressing Illegal Cosmetic Cases in Gorontalo Mohamad, Meliyanti; Yutye Imran, Suwito; Z. Mamu, Karlin
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.v6i3.29741

Abstract

This study aims to examine the roles of PPNS investigators, BPOM, and the Indonesian National Police (Polri) in addressing the crime of illegal cosmetic distribution in Gorontalo, as well as the challenges faced by PPNS BPOM and Polri investigators in handling such cases. This research is an empirical legal study conducted at the Balai Besar Pengawas Obat dan Makanan (BPOM) office in Gorontalo and the Gorontalo City Police Station (Polresta Gorontalo Kota). The data sources for this study include both primary and secondary data. Data collection techniques involved interviews and data gathering. The collected data were then analyzed descriptively using qualitative methods. The research findings indicate that, firstly, the role of PPNS BPOM, particularly within the BPOM agency, encompasses the authority to conduct investigations and inquiries into cosmetic-related violations. However, they do not possess the authority to carry out arrests. In contrast, Polri investigators are responsible for executing legal actions such as arrests, detentions, searches, and the seizure of evidence. Additionally, they serve as coordinators in the investigation of specific cases. Secondly, the challenges faced by PPNS BPOM include a shortage of investigators, with only two personnel available, which hinders the investigative process. Meanwhile, Polri investigators encounter limitations due to inadequate laboratory facilities, which impede investigations that require laboratory-verified evidence.
Factor affecting Implementation Diversion To Child Perpetrator Action Criminal Distribution of Pornographic Videos in the Gorontalo Regional Police Mokodongan, Indryati; Puluhulawa, Fenty U.; Mamu, Karlin Z.
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.v7i1.30109

Abstract

This research aims For discussing the application of diversion for children who are perpetrators of the crime of distributing pornographic videos from the perspective of legal protection against children's rights as victims and causal factors . The method used in the research is legal empirical with qualitative descriptive data analysis that describes and explains data and field facts. The results of the study show that the application of diversion to children who are perpetrators of the crime of distributing pornographic videos, viewed from the legal protection of children as victims in Gorontalo, is basically to protect children as perpetrators of crimes and provide them with the opportunity to improve themselves and not affect their future. This is also one of the legal policies in the context of protecting children as perpetrators of pornography crimes. However, the implementation of diversion still has an impact on the existence of mental/psychological and physical pressure on children as victims. Therefore, from the aspect of protection for victims, the implementation of diversion in cases of the distribution of pornographic videos does not pay enough attention to the rights and mentality of the victim, because the perpetrator continues to distribute the video to his friends during the mediation process. However, the PPA unit of the Gorontalo Regional Police prioritizes the resolution of children's cases outside the court through this diversion and is the main choice in its resolution, on the grounds that there is no deviation from the requirements of diversion, namely criminal acts with a threat of less than 7 years and not a repetition of the crime. The factors that influence the implementation of diversion against children who are perpetrators of the crime of distributing pornographic videos at the Gorontalo Regional Police are the Intention of the Perpetrator and Family and economic capacity limitations; Lack of public understanding; and The absence of LPSK in Gorontalo thus hindering and influencing the provision of decisions on compensation that must be received by families and victims of the distribution of pornographic content in Gorontalo.
Legal Accountability for Malpractice in Pet Ownership: A Case Study of Pet Shops Afandy Hermawan, Mohamad; Puluhulawa, Fenty U.; Mamu, Karlin Z.
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.v7i2.32048

Abstract

The phenomenon of violence against pets is increasingly prevalent in Indonesia, including malpractice committed by pet shops that provide medical services without proper authorization. This study aims to analyze the criminal legal liability for pet malpractice by pet shops and to identify the inhibiting factors in law enforcement in Gorontalo City. The research adopts a normative-empirical approach through a two-month field study using purposive sampling techniques involving cat lover communities, victims, and the police. Primary data were obtained through interviews and observations, while secondary data were collected through literature studies. The discussion highlights the case of Liga Pet Shop, which performed tail docking and administered restricted drugs without authorization—acts that fulfilled the elements of actus reus and mens rea, violating Article 302 of the Indonesian Criminal Code (KUHP) and Law No. 41 of 2014 on Animal Husbandry and Animal Health. However, criminal liability was not strictly enforced and concluded only with an apology. Inhibiting factors include weak specific regulations, limited competence of animal forensic officers, lack of investigative facilities, low public legal awareness, and a permissive culture in dispute resolution. The proposed recommendations include strengthening regulations by establishing standard operating procedures (SOPs) for pet shops, enhancing officer competence through animal forensic training, providing adequate investigative infrastructure, and launching public legal awareness campaigns. The study concludes that reforming the animal legal protection system is necessary through an integrative approach combining repressive, educational, and preventive measures to achieve fair and effective law enforcement