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[Acts of Violence Against Journalists in Gorontalo: Problematika & Countermeasures ]]>
<![CDATA[Feby Nur Gojali]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12806
<![CDATA[Legally formal journalists get guaranteed legal protection in carrying out their duties, but in practice on the ground until now there is still violence against journalists or journalists in Gorontalo Province. The purpose of this study was to find out how to review violence on journalists in Gorontalo and to find out the problems and countermeasures by the Alliance of Independent Journalists (AJI) and the Gorontalo Regional Police. Based on the title raised in this study, researchers use this type of empirical legal research through primary data sources, namely data based on information obtained directly in the location of research from related parties in the form of events. The results showed that the factors behind the violence against journalists in Gorontalo were the lack of understanding of sources and journalists to the Press Code of Ethics, as for AJI's efforts in tackling violence against journalists in Gorontalo, namely, there were efforts before and after cases of violence against journalists, and there were efforts from the police by mediating and legal process.]]>
<![CDATA[The Formation Of The Contempt Of Court Law To Maintain The Dignity Of Peradi And Indonesia ]]>
<![CDATA[Siti Rahmawati Djula]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13301
<![CDATA[Abstract: The purpose of this research is to analyze rule idea contempt of court in the law as a form of obedience to maintain the dignity of the Indonesian judiciary It is often found that many visitors in a court process make actions that do not respect the course of the trial, such actions can be categorized as criminal acts against the judicial process or what is known as contempt of court Contempt of court in Indonesia has not been regulated in an integrated manner in one legislation, so based on that this research was conducted with the hope of getting the best solution in concocting the idea of contempt of court . to strengthen compliance in the Indonesian judiciary This type of research is normative legal research with a statutory approach , a conceptual approach, a comparative approach an nd a case approach. The analysis used in this research is deductive data analysis using a qualitative approac . Based on the results of the study, the answers to the existing problems were obtained, that a Contempt Of Court arrangement was needed separately in aaw, this is intended to uphold dithe gnity and ensure the judicial process runs without interference or threats from various parties. While the regulation on CoC can only be found in a few norms that seem separate, act it is s, till very biased when the regulation of the same act is regulated based on different regulations, with unclear procedures, so that specific and comprehensivearrangementse needed to be related to the Contempt Of action . Court through the idea of the Contempt Of Court Act The presence of the Contempt Of Court Law can bebe newope for the face of judicial power in Indonesia.Keywords: Rules Idea, Contempt Of Court , Judicial Obedience]]>
<![CDATA[The Role Of The Police In Eradicating Illegal Gold Mining Activities In Pohuwato Regency ]]>
<![CDATA[Sulistianingsi Buyu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12809
<![CDATA[AbstractThis Study aims to find out and analyze how law enforcement against perpetrators of gold mining activities without a permint in the pohuwato regency area is law enforcement against gold mining activities in pohuwato regency, not yet effective, because based on the results of the study it was found that there were 33 active tools, in illegal mining, which is suspected to belong to a dozen people but has not been processed by law to this day. This is contrary to article 158 of law no. 4 of 2009 concerning mining. To overcome the problems that occur as described in the discussion, researhers recommend a solution, namely law enforcement related to illegal mining activities in pohuwato regency needs to be emphasized, this is in order, so that no more people dare to carry out mining activaties illegaly and violate law. The local government of pohuwato regency, needs to pay more attention to mining activities by the people of pohuwato regency, by issuing people’s mining area (WRS) and mining busines permits (IUP), thus is important so that people are not trapped in mining activites that violate the law and pollute the environment, besides the existence of IUP and WPR can improve the economy of the people of pohuwato.Keywords: Law, Mining, Illegal]]>
<![CDATA[Assessing The Fulfillment Of The Rights Of Non-Civil Servant Government Employees In Bawaslu Boalemo Regency ]]>
<![CDATA[Dewi Anggraini Yustika Putri Olii]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12813
<![CDATA[This research aims to find out and analyze How the Implementation of Article 88 Paragraph (1) of Law No. 13 of 2003 on the Fulfillment of The Rights of Non-Civil Servants in Bawaslu Boalemo Regency and What Factors Hinder the Fulfillment of The Rights of Non-Civil Servant Government Employees in Bawaslu Boalemo Regency. The research adopted by researchers is an empirical law researcher with a sociological juridical research model. using the type of approachPerundang-invitation and the case approach. In addition, the research conducted by researchers will be descriptive. Based on the results of research and discussion resulted in conclusions. Fulfillment of the Rights of Non-Civil Servant Government Employees (PPNPNPN) in Bawaslu Boalemo Regency has not been able to be adjusted with UMP Gorontalo Province this is because the Wages paid by the government to PPNPNPN employees are adjusted to the SBM (Input Fee Standard) that has been set by Bawaslu RI even in Perbawaslu who regulates the basics of maximizing salaries by the local UMP Regional. In the payment of PPNPN income, the Work Unit must pay attention to the ceiling in dipa which is the highest limit in disbursing PPNPN income funds. Disbursement of funds must not exceed the DIPA ceiling limit. Second, factors that hinder the fulfillment of the rights of non-civil servants (PPNPN) in Bawaslu Boalemo regency are (1) Bawaslu Boalemo regency is not a PPNPN institution; (2) Bawaslu Boalemo Regency Has Not Become an Independent Working Unit; (3) There has been no Adjustment of Wage Related Budget by the Planning and Budgeting Section.Keywords: Fulfillment of Rights; Employment Agreement; Wages/ Salaries; PPNPN Employees.]]>
<![CDATA[The Countermeasures Against Alcohol Abuse in Central Buntulia ]]>
<![CDATA[Viergiawan Makmur]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12807
<![CDATA[The use of liquor in Central Buntulia is still a bad habit that is often practiced by children, teenagers, and adults. The cause of liquor in the Central Buntulia environment is one of the problems that are troubling to the surrounding community, as well as to people who visit it because many people do not care about the bad effects of liquor which is very dangerous and detrimental. This research aims to know the prevention of liquor in Central Buntulia. Based on the title raised in this article, the researcher uses the type of empirical research. The process of collecting data from the object studied in this study is to use observation techniques, interviews, and literature study so that the data obtained by the researcher was analyzed descriptively. The results of the study showed that there were several countermeasures against liquor in Central Buntulia, starting from the efforts of the village government to the efforts of the police.]]>
<![CDATA[Law Enforcement Against Slavery of Indonesian Crews on Foreign Fishing Vessels ]]>
<![CDATA[Yunandar A. Supu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13265
<![CDATA[Abstract: This study aims to find out about law enforcement against the slavery of Indonesian crew members on foreign fishing vessels. The method used in this research is a type of normative research that uses a law approach and case studies. The results of this study indicate that international law enforcement related to slavery on foreign fishing vessels against Indonesian crew members has been stated in the Universal Declaration of Human Rights, Convention Against Torture and Other Cruel, In Human or Degrading Treatment or Punishment, Convention on The Elimination. of All Forms Of Racial Discrimination, in Fishing Convention, 2007 (No. 188). It is undeniable that these various legal instruments can protect Indonesian crew members who work outside the jurisdiction of Indonesia because the regulations contained therein, such as the ILO Convention Number 188 of 2007 contain requirements for ship conditions, accommodation, and food, safety, and health. employment, health services, and social security. ]]>
<![CDATA[Measuring the Community's Legal Awareness of Land Rights Around Lake Limboto ]]>
<![CDATA[Paramitha Poetri Herliono]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13264
<![CDATA[Abstract: This study is intended to determine the level of legal awareness of the community around Lake Limboto towards land rights; This study uses empirical legal research methods, where facts in the field are used as data in measuring and determining the truth in research. The data source used is the primary data source as the main data and secondary data sources as supporting data consisting of documents and scientific works related to the issues being discussed. The sample (respondents) used in this study were people in the Dembe I Village. The results showed that first, the level of public awareness in Dembe I Village who lives on the banks (coastal) of Lake Limboto is still low. Second, The cause of the low level of public awareness is the lack of knowledge about the management of land rights.Keywords: Legal Awareness; Land Rights; Border.]]>
<![CDATA[Authority Of the National Land Agency in The Implementation Of Mediation On Land Disputes In The City Of Gorontalo ]]>
<![CDATA[Sri Listiani K. Umar]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Nirwan Junus]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12865
<![CDATA[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.]]>
<![CDATA[Impact Of Implementation Of Decision Number: 150/Pid.B/2019/Pn.Lbo In The Case Of Employment Of Position ]]>
<![CDATA[Riskawati Malapo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13025
<![CDATA[Embezzlement is one of the criminal acts that can harm many people, especially if it is done by taking advantage of positions as regulated in Articles 372-376 of the Criminal Code. One of them in the decision 150/pid.b/2019/pn.lbo seen legal norms that were ignored by the judge, namely the norms of certainty, justice and benefit. pid.b/2019/pn.lbo and to find out the impact of the application of sanctions on the decision number: 150/pid.b/2019/pn.lbo. The research method used is normative legal research with a statutory approach. The results of the research show that the punishment in Decision Number: 150/pid.b/2019/pn.lbo has not fulfilled justice and legal certainty because the sentence imposed by the judge is only 10 months in prison. Meanwhile, legal benefits have been achieved because of the punishment imposed because later the cooperative and the victim will feel more calm and secure in conducting transactions at the Karya Cipta Savings and Loans cooperative. Furthermore, the juridical implications that arise are the non-fulfillment of the mandate of Article 374 of the Criminal Code regarding embezzlement with weights. The fact is that the defendant structurally has a position in the Karya Savings and Loans Cooperative which makes the sentence more severe.Keywords: Criminal Code, Embezzlement, Decision Number : 150/pid.b/2019/pn.lbo]]>
<![CDATA[Investigation Actions Against Defamation Cases ]]>
<![CDATA[hidayatullah wantu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13268
<![CDATA[Abstract: Acts of carrying out investigations to deal with defamation. In Indonesia, defamation is considered not by the traditions of the Indonesian people who still uphold eastern customs and culture. However, the lack of socialization of these regulations which causes ignorance of the insulting regulations that are carried out by many people today, which results in negative values from technological advances. The purpose of the research to be achieved is to find out how the role of investigators in dealing with defamation is. Keywords: Execution, Investigation, Defamation.]]>
