Estudiante Law Journal
Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a journal focus relating to all issues related to legal studies. EsLaw Journal publishes contemporary articles on law, book reviews, and case analysis, as well as journals published in Indonesian and/or English.
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<![CDATA[Law Enforcement Against Fishing Ship Crews That Do Not Have A Sail Permit ]]>
<![CDATA[Ismail Lasantu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13263
<![CDATA[Abstract: This study aims to determine and analyze Law Enforcement Against Crews of Fishing Vessels Who Do not Have Sailing Permits. The data used in this study were analyzed and presented descriptively by using a statute approach and case approach (case uproach) through a qualitative approach to secondary data and primary data. The results show that law enforcement against fishing vessel crews who do not have a sailing permit can basically be done by fixing and improving the system and management of licensing documents in a simple way with the one-stop integrated service method (PTSP) in improving the quality of service by presenting the harbormaster's representative office in every area/city district and conducting surveillance and patrols in areas frequented by ships to catch fish and the activity of the marine police in providing counseling to fishing communities with the aim of providing knowledge about the obligations of each ship captain or crew members to have a letter of approval to sail and take action based on the Criminal Procedure Code and other relevant laws and regulations as a formal source of law used in enforcing criminal law. a material through the imposition of imprisonment, payment of fines, warnings and coaching. Keywords: Law Enforcement, Crew, Permit to Sail r]]>
<![CDATA[Enforcement of The Criminal Act of Embezzlement of Motor Vehicles in the GorontaloCity Jurisdiction ]]>
<![CDATA[Melly Handayani Dama]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13033
<![CDATA[The purpose of this study is to find out what factors are inhibiting the police in carrying out enforcement of the Motor Vehicle Embezzlement Law in the Gorontalo City Area. This type of research is empirical research, using a qualitative approach,which is analyzed qualitatively descriptively. Based on the results of research shows that law enforcement conducted by the Gorontalo City Resort Police has been based on the prevailing statutory mechanism even though in the implementation of the crime of embezzlement of four-wheeled motor vehicles there are still some cases that can not be resolved due to obstacles to the investigation process. While the factors that inhibit the Police from committing criminal acts of Motor Vehicle Embezzlement are lack of information, lack of witnesses, and lack of public legal awareness. ]]>
<![CDATA[Disparity Analysis of Judge’s Decisions of The Crime of Premeditated Murder ]]>
<![CDATA[febrianti sungo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13013
<![CDATA[Abstract: This study aims to find out the Disparity analysis of judges' decisions on the crime of premeditated murder in Decision Number 7/Pid.Sus-Anak/PN.Kbj and Decision Number 1/Pid.Sus-Anak/2016/PN.Gto. The method used in this research was normative legal research. The approach used a legal approach or a statute approach and a case approach. The judge in making a decision, of course, first sees whether the act committed by the child is intentional or unintentional so that it can be seen by a judge when enforcing Restitave Justice where one way to move the legal process through the courts is to become a legal settlement outside the court by involving the victim's family as the most important element in the settlement of a crime. However, if you look at the crimes against children that have been committed, diversion efforts are not enforced because the child has committed a very severe crime. The community needs to understand that inequality or disparity is not a bad thing but it is natural for clear legal reasons except arbitrarily, this is normal and is not prohibited by the legal system in Indonesia. The community needs to be informed in advance about the background of the emergence of disparities in decision-making.Keywords: Disparity Analysis, Murder;]]>
<![CDATA[Juridical Analysis of Confiscation of Looted Goods and State Seizures in Corruption Crimes ]]>
<![CDATA[Nur Kevin Kaluku]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13262
<![CDATA[Abstract:The act of confiscation of goods resulting from criminal acts of corruption is not easy and faces various obstacles in its implementation. The existence of confiscated and confiscated objects that have expensive maintenance costs has actually become a new burden for the government and has the potential to pose a big risk in the future. The purpose of this research is to examine the procedures for confiscation of confiscated goods and state confiscations in corruption crimes as well as to formulate efforts that will optimize the regulation of confiscated goods and state confiscations resulting from criminal acts of corruption. This research is a normative research using a law approach, a case approach, and a conceptual approach in the research approach. The results of the study indicate that the existing problem is that the procedure for confiscation of confiscated goods and state confiscations resulting from criminal acts of corruption is carried out and involves various agencies, namely the Attorney General's Office, the Corruption Eradication Commission (KPK), the Ministry and Rupbasan in accordance with the legislation that has been set. However, in practice there are various obstacles that must be improved and minimized by the various agencies. With regard to confiscated and confiscated goods, criminal acts of corruption use the in personam principle Keywords: Corruption, Confiscation, Looted Goods]]>
<![CDATA[Obstacles in Fulfilling Health Service Rights for BPJS Assistance Recipients in Bone Bolango District ]]>
<![CDATA[rian suryanto kasim]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13273
<![CDATA[The purpose of writing to be achieved in this study is to find out the obstacles related to the implementation of the fulfillment of the right to health services, especially for BPJS participants for assistance in obtaining health services. As with several incidents in the field, especially in the Toto Kabila Hospital, which is still far away and has not been monitored at all regarding the case regarding the fulfillment of health service rights to BPJS Health patients themselves and causes patients to feel disadvantaged and their rights are not fulfilled properly. In public health services, it is the role of receiving the right to health services itself, but based on the facts in the field found by researchers that are obstacles in fulfilling the rights to health services, namely the implementation of programs that aim to enforce the rights of public health services through the BPJS program, it does not run according to with expectations. Based on the results of the study, there are some people's health rights that have been fulfilled but some have not, including the lack of transparency from the Toto Kabila Hospital for BPJS patients, especially class III regarding the existing inpatient rooms, lack of clarity in BPJS regulations regarding what drugs or treatments are not included in BPJS financing. At the Polyclinic service, the lack of human resources at the Toto Kabila Hospital, causing long queues for patients who want to check their health at the existing polyclinic. The complicated and tiered BPJS Health service system makes many patients feel confused about the system, and not all types of treatment are facilitated by BPJS Health.Keywords: BPJS, PBI, Service Rights]]>
<![CDATA[Assessing The Role Of The Police In Dealing With Criminal Acts Of Theft Committed By Minors ]]>
<![CDATA[Nur'ain Lihawa]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12830
<![CDATA[In essence, children cannot protect themselves from various actions that cause mental, physical, social, losses in various areas of life. For children who commit criminal acts, not all can be applied Diversi and Based on the description above, factors that inhibit the police in tackling the crime of theft committed by minors are: lack of understanding of the community related to Diversi, in the judicial process, is the understanding of the community about the child who committed the crime, and the lack of understanding of state responsibility towards children, Underprivileged children such as abandoned children, victims do not know the identity of the perpetrator, there are no witnesses.]]>
<![CDATA[Legal Protection Effort Against Children In Sale And Purchase Of Cigarettes In Gorontalo Utara Regensy ]]>
<![CDATA[fitra pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12774
<![CDATA[The current research aims at finding out efforts performed to provide legal protection to children in the sale and purchase of cigarettes in Gorontalo Utara Regency. In addition, the research notifies the inhibiting factors during the provision of legal protection to children in the sale and purchase of cigarettes. The research applies empirical legal research with qualitative descriptive analysis technique. The data used are empirical and secondary data in which they are collected by using techniques of interview and observation. The research finding reveals that there are two efforts of legal protection to children in the sale and purchase of ciragettes, namely cigarettes sales ban to the children and specific protection. In the meantime, the inhibiting factors during the provision of legal protection to children in the sale and purchase of ciragettes are ineffectiveness of regulation, lack of knowledge on the law, absence of counseling and supervision from government, and ineffectiveness of existing programs.]]>
<![CDATA[Consumer Legal Protection in Electronic Commerce Transactions ]]>
<![CDATA[Meyke Alvianieta Ali]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13261
<![CDATA[Abstract: The purpose of this study is to find out how the legal protection for consumers against third parties' formal legal in electronic commerce transactions. The research method of this thesis uses a normative legal research method. , and the imposition of sanctions on business actors in the event of a violation. The form of responsibility for the Shopee site manager can be reflected in the provision of compensation through refunds, personal data protection, consumer reporting facilities, but Shopee also has limitations on liability. Keywords: Consumers, Electronics, Legal Protection, Trade Transactions]]>
<![CDATA[Efforts to Protect the Legal Rights of Suspects of Abortion ]]>
<![CDATA[Rizky Cahyo HD. Vinors]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12810
<![CDATA[This study aims to find out how the Protection of The Rights of Suspects of Abortion Crimes in the City of Gorontalo and to find out what are the factors inhibiting the protection of the rights of suspected abortion crimes in the city of Gorontalo. This study is empirical research which in other words is field research, which is to review the provisions of applicable law and what happens in the community. The results of this study confirm that abortion is a strictly prohibited act by article 75 paragraph (1) of Law No. 36 of 2009 on health. In addition, this study refers to the protection of the rights of suspected abortion crimes, which is the concept where the law can provide justice, order, certainty, expediency, and peace. However, in this case, the suspect did not get his rights as stipulated in Article 50 of the Kitab Undang-Undang Hukum Acara Pidana, and contrary to Article 110 of the Kitab Undang-Undang Hukum Acara Pidana that the process of handling cases has a provision of days in the investigation process. The evidence that this case has stagnated for almost 1 (one) year and until now did not get clear legal certainty. In addition, the suspect did not make any effort because maybe the suspect did not know that he had the right to make legal efforts by the provisions of the law. Then in this case researchers found a factor that dominates the obstruction of the protection of the rights of suspected abortion crimes in the city of Gorontalo, namely the lack of understanding of the provisions of the day in the investigation, and the suspect who does not know his rights in the process of resolving abortion cases, he just waits for action from law enforcement officials so that in the end the case stagnates for 1 (one) year.]]>
<![CDATA[Criminology Analysis On Paedophiles In The City Of Gorontalo ]]>
<![CDATA[Kiat Alwi Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12829
<![CDATA[The purpose of this study is to know and analyze to find out and analyze criminology reviews of pedophile offenders in the city of Gorontalo and to find out to analyze the form of legal protection against pedophilia in the city of Gorontalo. Based on understanding the types of research and looking at the problems behind the writing of this scientific work, the research used is empirical juridical. The approach taken by the author is in the form of an interview is a form of data collection technique that is widely used in observation. The interview technique conducted by the author is oral at a meeting with the source (respondent) to get information and documentary studies are away or style in the system of collecting data by combining and analyzing documents either in writing, drawing or electronically. Data analysis is carried out searches and compiled in a direct and contained manner from the results of interviews, records in the field, and other materials so that it can be understood easily, and obtained can be informed to others. Based on the results of the analysis of pedophile cases over the past 4 years that this case was declared to have been fingerprinted by investigators before being disbursed due to obstacles during the trial process so that from the last 4 years some cases are still in the process of fingerprinting or there has been no verdict.]]>
