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[Analysis Of Consumer Protection Laws Against Food And Beverage Products That Do Not Have Halal Labels In Gorontalo City ]]>
<![CDATA[Nofrianto Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12876
<![CDATA[This study aims to find out and analyze how consumer protection against food and beverage products that do not have halal labels in Gorontalo City and to find out and analyze what factors cause there are still many circulating food and beverages not labeled halal in Gorontalo city. The type of research used is empirical and juridical legal research and uses qualitative data analysis techniques. The results showed that consumer protection of food and beverage products that do not have halal labels in Gorontalo City is still not well implemented this can be seen from the many food and drink products that are not labeled halal widely circulated and very much in Gorontalo city. As well as factors that cause there are still many circulating food and beverages not labeled halal in the city of Gorontalo, namely a) Convoluted economic and administrative factors, b) Business Factors undertaken are small businesses, c) The lack of public knowledge about law no. 33 of 2014 on halal product guarantees. Keywords: Consumer Protection, Halal Label, LPPOM-MUI]]>
<![CDATA[A Juridical Review Of The Shooting On The Spot Conducted By The Police Against The Perpetrator Criminal Act Of Theft ]]>
<![CDATA[Malik Abdillah Dahil]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13406
<![CDATA[This research presents an overview of how juridical reviews of shooting in the place conducted by the police against perpetrators of criminal theft and the obstacles faced by the police in shooting in the place against criminals. This type of research uses normative research methods with the help of empirical data. In this case, the researcher combines elements of normative law which are then supported by the addition of data or empirical elements.The results of this study show that the actions taken by the police against the alleged perpetrators of motorcycle theft are not discretionary but pure criminal acts such as serious crimes of persecution that result in death or murder if the police investigators perform actions that are not following operational standards of procedure in the use of power with firearms or have exercised discretionary authority that goes beyond the limit of authority (abuse of power). The factors that are the constraints of the police in shooting in the place of the perpetrators of crime are the level of public crowds, the distance of the shooting with the perpetrator, weather conditions.Keywords: Shoot On The Spot, Police, Theft.]]>
<![CDATA[Unraveling The Efforts of Gorontalo's POM Office Against Consumers Who Are Lost Due to Problematic Cosmetics Promotion on Instagram ]]>
<![CDATA[Yutika Fitriyani Tomoolango]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12927
<![CDATA[Abstract:The purpose of this study was to find out how the Gorontalo’s POM Office efforts towards consumers who were harmed by the promotion of problematic cosmetics on Instagram. This study uses an empirical legal research method, which puts field facts as data. Sources of data used are primary data as the main data (the results of observations and interviews in the field), and secondary data such as legislation, and scientific works. Meanwhile, the population and the sample used were Gorontalo POM Office. The results showed that the efforts made by Gorontalo POM Office against consumers who were harmed by the promotion of cosmetics on Instagram were carried out in 2 (two) ways, namely legal protection with preventive measures by carrying out socialization, and other actions deemed correct and relevant; and legal protection with repressive measures carried out by providing guidance to business actors, confiscation of goods, to imposing sanctions and other measures deemed relevant.Keywords: Legal Protection; Consumer; Responsibility]]>
<![CDATA[Effectiveness of Forms of Legal Protection for Journalists in carrying out their journalistic duties ]]>
<![CDATA[Syahril Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13322
<![CDATA[The series of cases that attack journalists in carrying out their duties shows that the journalist profession is vulnerable to actions that will harm and threaten the life of every journalist in carrying out their journalistic duties. Protection measures for every citizen are the responsibility of the state. Once the importance of the benefits that will be felt by the public from the work of journalists is inversely proportional to efforts to protect journalists. Based on this, the purpose of this study is to examine the forms of legal protection and the inhibiting factors in protecting journalists who are carrying out their duties. This study examines the subject matter in a juridical-empirical way using a legal approach and a sociological approach by conducting direct interviews with parties related to the subject matter. The results of the research authors obtain answers to existing problems, that the forms of protection that are carried out are utilizing regulatory protection regulated in Indonesian legislation and international agreements, as well as the forms of protection provided by professional journalists' organizations based on journalistic ethics guidelines and journalist professional organization guidelines. This form of protection is experiencing obstacles, namely obstacles in the law enforcement process against legal processes carried out against journalists, obstacles that are focused on individual journalists related to the professionalism of the press personnel, as well as obstacles experienced by professional organizations that cannot reach the increasing number of journalists. and growing in number.]]>
<![CDATA[Legal Analysis On The Protection Of Employees On Actions Of Termination Of Employment Relations Due To Serious Violations ]]>
<![CDATA[Oky Oktarina Mooduto]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13305
<![CDATA[This study aims to determine the legal protection of employees who receive termination of employment without any legal process at PT. Karsa Utama Gorontalo City and to find out what the factors causing some employees at PT. Karsa Utama Gorontalo City was terminated without any legal process. The type of research in this thesis uses empirical legal research, which is supported by field data. Meanwhile, judging from its nature, it includes qualitative descriptive research. The data used are primary in the form of interviews and secondary data in the form of library research. The results of the study show legal protection for employees who receive termination of employment without any legal process at PT. Karsa Utama Gorontalo City has been regulated and confirmed in the Constitutional Court Decision No. 012/PUU-I/2003, which revoked the provisions of Article 158 of Law no. 13 of 2003 concerning Manpower, which is also confirmed by the issuance of the Circular Letter of the Minister of Manpower and Transmigration numbered SE-13/MEN/SJ-HK/I/2005 dated January 7, 2005. Where in point 3 letter a of the Ministerial Circular Letter it is stated that the layoffs are because workers commit Serious mistakes including theft (ex Article 158 paragraph (1) of Law No. 13 of 2003) can only be committed after a criminal decision has permanent legal force. The factors that cause so that some employees at PT. Karsa Utama Gorontalo City got termination of employment without any legal process, namely because it was based on the reason for a serious error committed by 10 employees of PT. Karsa Utama Gorontalo. It is also based on company regulations and work agreements that have been mutually agreed upon by all employees of PT. Karsa Utama. This step is an effort by the company to wipe out employee fraud and make employees at PT. Karsa Utama has a good attitude or behavior while working..Keywords: Legal Protection, Employees, Termination of Employment.]]>
<![CDATA[The Legal Position Of The Will Given To The Adopted Child As Proof Of Ownership In The Gorontalo Religious Court ]]>
<![CDATA[Meriyani Hinelo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13288
<![CDATA[Abstract: The purpose of this study is to find out and analyze the Juridical Analysis of Religious Court Decision Number: 403/PDT. G/2019/PA. Gtlo Concerning the Determination of Probate Disputes and the Legal Position of the Will as proof of rights in the judgment of the Judge. Research Uses this type of normative-empirical research. Using several approaches, namely:the legal approach(statue approach), the case approach (case approach). The results of this study show that: First, that based on juridical analysis of religious court decision number: 403/PDT. G/2019/PA. Gtlo About the Determination of Will Disputes has been in line with the provisions of the event law, where the first condition that must be met by the plaintiff is regarding material conditions, while the plaintiff in his lawsuit is wrong in occupying defendant 1 and defendant 2 (two). Second, that the legal position of the Will as proof of rights in the judge's consideration is not used as a balance material by pa judges because there are defects as intended by the researcher, therefore the judge ruled the lawsuit is unacceptable(Niet Onvantkelijke Verklaard) ) which means that the case has not been completed with a positive verdict in the sense that it has not touched the subject matter and if the plaintiff wants to re-apply must complete the terms of the formil in questionKeywords: Position; Will; Dispute]]>
<![CDATA[The Application of Gorontalo Provincial Regional Regulation Number 4 of 2020 in the Efforts to Prevent and Control Covid-19 in Gorontalo City ]]>
<![CDATA[Lani Cahyani Korompot]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12862
<![CDATA[This article aims to find out how the application of Regional Regulation Number 4 of 2020 in efforts to prevent and control Covid-19. Based on the title raised in this study, the researchers used empirical research methods. The process of collecting data from the object studied in this study was by using interview techniques, document studies, and observation techniques. The application of the Gorontalo Provincial Regional Regulation Number 4 of 2020 concerning the application of Discipline and Law Enforcement of Health Protocols in the Efforts to Prevent and Control Covid-19 has been applied quite maximally by the government under the provisions of the duties that have been set and the authorities that have been coordinated which in this case includes all the efforts needed in handling Covid-19, this affirmation was supported by some information and also exploration carried out by researchers.]]>
<![CDATA[Implementation of Terrorism Criminal Sanctions Methods According to Resolution 2560 ]]>
<![CDATA[Yaumil Fitri Limonu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13316
<![CDATA[This study aims to find out the application of methods of sanctions against terrorism crimes according to resolution 2560 and national law. The method used in this study is a type of normative research that uses a legal approach as well as case studies. The results of this study show that the application of the 2560 sanctions method is still based on the previous resolution of resolution 2368 (2017) which asks all Member States to more actively submit a list of requests to the identification committee based on previous resolutions on improving the method of sanctions against terrorism crimes.]]>
<![CDATA[The Regulation Of Restrictions On Workers / Labourers Having Marriage In The Same Workplace ]]>
<![CDATA[Riskiyanto Umar]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13348
<![CDATA[The purpose of this study was to determine the regulation of restrictions on workers/laborers to marry in one office as regulated in the Decision of the Constitutional Court Number 13/PUU-XV/2017. The method used in this research is normative research and the type of approach used is the law approach, conceptual approach, and case approach. The technique of analyzing legal materials in this study uses a systematic interpretation method. The results of the study show that the provisions of Article 153 paragraph 1 letter f explain that employers are prohibited from terminating employment because the worker/ laborer has blood ties and/or marital ties with other workers/ laborers in the same company unless it has been stipulated in a work agreement, regulations company, or collective work agreement." The limitation of the right to marry in one office is based on a work agreement which is the desire of both parties. Meanwhile, the workers are citizens whose constitutional rights are protected to have a family without being limited by certain parties. This is intended to provide a guarantee of the protection of the constitutional rights of citizens to continue to marry with office colleagues without being limited by work agreements that are far from the spirit of fulfilling workers' rights as citizens. ah exists by considering which aspects will arise between the benefit and the various parties, namely the company/office, employees, and also the general public. Keywords: Adjustment, Laborer, Marry ]]>
<![CDATA[Law Enforcement Against Minors as Narcotics Dealers in Pohuwato Regency ]]>
<![CDATA[Mohammad Ishak]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13308
<![CDATA[Abstract: This study aims to analyze law enforcement against minors as narcotics traffickers in Pohuwato Regency. The process of law enforcement on children uses a different application method from other legal models. because the suspect who is brought before the investigator's desk is a person who is still underage or not yet legally competent. Based on this, the researcher aims to analyze the application of law to minors as narcotics traffickers. This study uses an empirical method by including interview data along with official data sourced from the Indonesian National Police, especially the Pohuwato Regional Police. justice and balance for the perpetrators of the crime and the victims themselves. Factors that become obstacles in the application of the law against narcotics committed by minors are divided into two, namely internal factors and external factors. With the diversion method based on a justice or judicial approach based on deliberation or restorative justice , it is hoped that legal development in Indonesia will prioritize more humanistic laws so that Indonesian law does not seem rigid. Keywords: Diversion, Narcotics, Restorative Justice]]>
