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[Enforcement Of Laws Against Mining Resulting In Environmental Pollution Due To Mercury Liquids ]]>
<![CDATA[Iksaldi Kadullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12926
<![CDATA[Abstract: This study aims to find out law enforcement against mining resulting in environmental pollution due to mercury. This type of research is the dualism of normative-empirical legal research and this research uses an approach. Law Enforcement Against Mining Causes Environmental Pollution Due to Mercury Liquid that there are three first ways is preemtive law enforcement, namely by coaching on actors this aims to strive to prevent environmental damage by mercury liquids. Second is preventive efforts by the police and the government to countermeasures by making appeals against the dangers of mercury use for the environment. While the last is law enforcement action by repressive means by confiscating tools and materials owned by miners. Environmental pollution that occurs is the indecision of the local government to enforce the law against illegal mining that is already damaging the environment. For that, both local governments and village governments should provide education to the community, especially to miners not to do things that should cause environmental pollution, especially the use of mercury. ]]>
<![CDATA[Legal Analysis Of Copyright Issues In Youtube Content Reviewed From Law Number 28 Of 2014 On Copyright ]]>
<![CDATA[Yudo Kamaru]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13291
<![CDATA[Abstract: The purpose of this study is to know the concept of copyright protection in YouTube according to Law No. 28 of 2014 on Copyright and Knowing and analyzing the factors that cause many cases of copyright infringement in YouTube Content. The type of research used by researchers in compiling this research is a type of normative research using 2 (two) approaches, namely the Regulatory Approach and the case approach, and the Comparison Approach. The results of this study show that: First, That The Protection of Copy Right In Youtube According to Law No. 28 of 2014 on Copyright for creators whose video works are re-uploaded (reuploaded)on YouTube illegally obtained when violating the moral and or economic rights of the creator or holder of the video in the form of preventive legal protection and legal protection Repressive. Preventive legal protection is obtained by registering the creation to the Content ID feature on YouTube and also registered with the Directorate General of Intellectual Property. Repressive legal protection is obtained in the form of freedom of choice of dispute resolution path either non-litigation path or litigation path. Second, that factors that affect the number of people who commit copyright infringement or in the context of this research are violations of copyrights in Youtube content, namely: Legal Factors, Economic Pressure Factors, Cultural Factors, Education Factors, Weak Factors in law enforcement against copyright infringement perpetrators and Lack of Public Understanding of Copyright Protection.Keyword: CopyRight; Youtube; Copyright.]]>
<![CDATA[The Basis Of The Judge's Consideration In Deciding The Rejection Of The Marriage Isbat Application Against The Position Of The Child In The Gorontalo Religious Court ]]>
<![CDATA[Rivandi Ohihiya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13400
<![CDATA[This research aims to find out the basis of the judge's consideration in deciding the rejection of the marriage isbat application against the position of the child in the Gorontalo Religious Court, and to know the legal consequences of the rejection of the marriage isbat against the position of the child in the Gorontalo Religious Court. The research method used is empirical legal research with a data results approach on the ground. The results of the study showed the basis of the judge's consideration to reject the marriage application because the husband still has a marriage bond with his first wife, based on the provisions of Article 3 Paragraph 1 where a husband can only have a wife and vice versa, and also in article 9 of the Marriage Law where a married husband cannot marry again unless he has obtained the consent of the first wife or parties concerned. And as a result of the law their marriage is in the eyes of the law is not legal and their child only has a civil relationship with the mother and family of the mother because it is considered as a child of out-of-wedlock results.]]>
<![CDATA[Describing The Principle Of Balance In The Implementation Of The Construction Work Contract ]]>
<![CDATA[Mohammad Ramdhan Djahuno]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13311
<![CDATA[AbstractThis paper aims to analyze the principle of balance in the implementation of construction work contracts and to describe the factors that influence the implementation of the principle of balance in construction contracts not being implemented . Type Research used _ by researcher in compile article this is type Study normative . As for approach used _ in writing this are , among others; Approach legislation (Statue Approach ) and approach case (case approach). Analysis used _ in writing this is descriptive data analysis . Results in study this is , application principle balance in relationship _ industry service The construction contract has been clearly regulated in relation to the construction contract agreement, one of the strengthening principles in the construction contract lies in the principle of balance, which requires both parties to fulfill and carry out the agreement. Creditors have the power to demand achievements and if necessary, they can pay off achievements through the debtor's wealth. However, the debtor also bears the obligation to carry out the agreement in good faith. The factors that influence the implementation of the principle of balance in the construction contract as seen from the results of the decision (jurisprudence ) include: The lack of knowledge of the parties regarding the principle of balance or the principle of construction contracts as regulated by Article 3 of Law Number 2 of 2017 concerning construction contract services, the existence of interests, the quality of the substance of the contract made, communication of the parties, the contract administration system, and the contents of the contract which is not in accordance with the implementation.Keywords: Principle of Balance; Employment contract; Construction]]>
<![CDATA[Assessing The Authority Of The Village Head Of Buba'a District Of Boalemo Regency Beach District In The Appointment And Dismissal Of Village Devices ]]>
<![CDATA[Ismet Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12891
<![CDATA[The purpose of this study is to find out how the role of the Village Consultative Agency in supervising the performance of the village head in Buba'a village of Paguyaman Pantai Subdistrict and knowing what factors hinder the supervision of village performance in Buba'a village of Paguyaman Pantai Subdistrict. This research uses normative-empirical research methods with descriptive data analysis techniques with more descriptions of interview results, observations, and documentation studies. The results of this study show that first, the authority of the head of Buba'a Village, Boalemo District Beach District in the appointment and dismissal of village devices has not been by the applicable rules, where for almost three years running in the appointment of village devices recruiting outside communities. This is certainly not by what is mandated by Law No. 6 of 2014 concerning villages. In addition, in the appointment or dismissal of Buba'a Village devices, there is no communication between the village head or the local cat. Second, the factors that hinder the performance of the head of Buba'a Village in the appointment and dismissal of village devices are (1) Factors from within the head of Buba'a Village itself because he ignores the applicable rules; (2) The outside factor as a supporter of the performance of the village head is the function of BPD in monitoring the performance of the village head has not been effective; (3) There is no good 2-way communication between the village chief of Buba'a and the local cat in terms of the appointment and dismissal of village devices.]]>
<![CDATA[Consumer Legal Protection in Drinking Water Refill Depot ]]>
<![CDATA[zulkifli adenga]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13404
<![CDATA[Abstract: This study aims to determine the application of product quality standards for refilling drinking water in the East City of Gorontalo City and to find out the form of legal protection for consumers in the use of drinking water depots. The researcher uses a type of normative research that includes legal principles, legal systematics and legal comparisons and is supported by empirical research through primary data sources, namely data based on information obtained directly at the research location. The results showed that the fulfillment of the Quality Standards for Drinking Water Depots in Gorontalo City was not fully appropriate, one of which was in fulfilling the certification issued by the local government in ensuring hygiene and sanitation at least once a year. The form of legal protection for consumers is carried out by the Health Service in supervising and applying administrative sanctions to the management of drinking water depots.Keywords: Legal Protection, Consumers, Water Depot.]]>
<![CDATA[Polemic and Existence Marriage Dispensation given Marriage Law ]]>
<![CDATA[Suaib Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13318
<![CDATA[Study this aim for knowing analysis juridical Impact Marriage Dispensation Against The existence of Law no. 16 of 2019 regarding Marriage ( Study Analysis in the Legal Area of the Gorontalo Religious Court. the type which research _ used is research Law research empirial . Study law empirical or normal also called Research law sociological this dotted reject from primary data. Primary data is data obtaindirectlyect the from Publa ic as usourceirst with through study the field thbe analyzedanalyzed with use approach Later legislation _ described qqualityBased o ativeresults study that Impact marriage dispensation against existemarriageact ccoul dd total happening marriage under ag . In position, Marriage dispensation is one of the legal instruments presented in Constitution purposeful marriage _ forgivingeforgett for citizens who are urgent focarryingry out marriage However still blocked with provision limit set age _ in Constitution mariagmarriageevHoweve rremovingside marriage dispensation canBecomes a reasonable justification for children under age for dodoingonnection forbidden although by law still belong to in child age early orunderagee. The reasons that become base consideration in grant application marriage dispensation at the Gorontalo Religious Court , namely: for preventing happening association free to be result in happening pregnancy out of wedlock which thing this Becomes parents ' worries to his son who has dating and often together so that big opportunity fall into it child in do connection sex outside _ legal marriage . _ where is Adalah Case this is a judgenoto only based on the la , but the judge tries to for perform ijtihad in set something based on benefit mursalah The judge must notice the impact that will cbe aused by something that has it is set .]]>
<![CDATA[The Phenomenon Of Child Marriage During The Covid-19 Pandemic From A Legal Sociological Perspective In The Kota Timur Sub-District, Gorontalo City ]]>
<![CDATA[Nadia Buwono]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13426
<![CDATA[The purpose of this study is to analyze the phenomenon of child marriage during the Covid-19 pandemic from the legal sociological perspective and to find out how the KUA (Religious Affairs Office) handles cases of child marriage during the Covid-19 pandemic in Gorontalo City and to find out the factors that lead to child marriages during the Covid-19 pandemic. The Ministry of PPPA (Women Empowerment and Child Protection) reported that during the Covid-19 pandemic the number of child marriages increased, especially in Kota Timur Sub-District. So, this needs to be considered by the local authorities, namely the KUA, because the KUA plays an important role in minimizing the number of child marriages. Based on these problems, the authors were encouraged to research to find out the picture of child marriage in the KUA of Kota Timur Sub-District, what efforts have been made by the KUA of Kota Timur Sub-District in handling the number of child marriages during the Covid-19 pandemic, what obstacles are the KUA of Kota Timur Sub-District encounters in handling with child marriages. Factors that caused child marriages were habit factors, economic factors, matchmaking factors, and low education factors. The reason was media freedom, weak parental supervision so an undesirable situation occurred, namely pregnancy out of wedlock. In this case, it has an impact on being forced to marry so that there is a request for dispensation to be able to marry at an early age.]]>
<![CDATA[Tracing the Legal Consequences of Refusing Covid-19 Vaccinations ]]>
<![CDATA[Suleman Ibrahim]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13275
<![CDATA[This study is intended to find out how the legal impact of the rejection of the vaccination policy by the people of Gorontalo. The type of research used is normative-empirical legal research. Namely, research that focuses on the existence of the mandate of legal norms (laws and regulations) with facts or patterns that exist in the field. While the approach used is a statutory approach and a case approach. The data sources used are primary data sources as the main data and secondary data sources as supporting data consisting of documents and scientific works related to the problems being discussed. The results show that the legal impact of refusing the vaccination policy by the public is the existence of administrative sanctions, sanctions, fines, and criminal sanctions for those who refuse the implementation of the Covid-19 vaccination policy, as specified in the legislation.Keywords: Legal impact; Policy; Covid-19 Vaccination]]>
<![CDATA[Assessing The Effectiveness Of The Gorontalo Mayor's Regulations On The Implementation Of Discipline And Law Enforcement Of Health Protocols ]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12811
<![CDATA[The purpose of this research is to Know and analyze the implementation of Gorontalo Mayor's regulations on the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Corona Virus Disease 2019 in Gorontalo City and Know and analyze theconstraints of the implementation of Gorontalo Mayor's regulations on the Implementation of Discipline and Law Enforcement of Health Protocols as An Effort to Prevent and Control Corona Virus Disease 2019 in Gorontalo City.The type of research used by researchers in compiling this research is a type of normative-empirical research using 2 (two) approaches, namely the Regulatory Approach and the case approach. The results of this study show that:that the effectiveness of the implementation of Gorontalo mayoral regulations on the implementation of discipline and law enforcement of health protocols as an effort to prevent and control coronavirus disease2019 is still not able to effectively prevent the transmission and spread of covid-19 in the city of Gorontalo. Keywords: Effectiveness; corona virus disease 2019; Health Protocols.]]>
