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[The Protection Of Copyright Law (Copyright) In The Piracy Of Creation ]]>
<![CDATA[Muhammad Fathan Laleno]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13079
<![CDATA[Abstract: Intellectual Rights have now spread to both traditional and modern sectors. In its copyright one of the regulations is copyright. Researchers define copyright itself as one of the rights that govern the ownership of a physical item, where everything related to creation must have permission from the party concerned. The development of technology that is increasingly advanced, causing HAKI itself to adjust to the changes that occur, the use of e-books is one of the results of technological developments that are increasingly advanced over time. The results of research related to the Article entitled Legal Protection of The Creator's Economic Rights in The Doubling of Creation are expected to be a consideration and benchmark for existing copyright.Keywords: Intellectual Property Rights; Copyright; Piracy.]]>
<![CDATA[Criminal Liability Case Of Underage Motorcyclist Who Resulted In Death ]]>
<![CDATA[Herson Tamutu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12920
<![CDATA[The purpose of this study is to find out how criminal liability in the accident of the passage of underage motorcyclists resulted in the death of the victim and know how the form of sanctions against minors who ride motorcycles resulted in the victim died in a traffic accident. This research uses normative research types or library research methods. Using several approaches, namely: the legal approach (statue approach), the case approach (case approach). First, the criminal liability of children in traffic accidents that result in the death of others is that the child can be criminally responsible for a separate process that is not the same as processing an adult. This is based on the provisions of Law No. 11 of 2012 in Article 2 in the implementation of the Criminal Justice System of Children is carried out based on the principle, protection, justice, non-discrimination, best interests for children, appreciation of opinions for children, survival and child development, development and guidance of propositional children, deprivation of independence and punishment as a last resort, and avoidance of retaliation. Second, that the form of punishment or sanctions and legal proceedings in cases of violations of the law by children is different from cases of violations of the law adults, in the investigation of cases of minors who commit criminal acts then investigators must apply restorative justice by seeking a diversion system processed by Law No. 11 of 2012 on the Child Justice System.Keywords: Accountability; minors; Laka lalu]]>
<![CDATA[Default In The Agreement For The Results Of Rice ]]>
<![CDATA[Mohamad Saprudin Hasim]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13315
<![CDATA[Abstract: This paper aims to find out and analyze how the default in the production sharing agreement for cultivating rice fields is viewed from the law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements and the factors that influence the occurrence of default in the production sharing agreement for cultivating rice fields in terms of the Act. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency. This type of research is empirical research.The results of the study show that the default in the profit sharing agreement for cultivating rice fields is viewed from the Law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency are still being finalized by means of customary deliberations involving the village head as a facilitator. Although there are official regulations by the government, namely UU. No. 2 of 1960 concerning Agricultural Production Sharing Agreements which have clearer arrangements, but until now the provisions of the law have not been applied as expected, it can even be said not to apply at all, it's all because of the regulations of the Act. No. 2 of 1960 concerning the Agricultural Production Sharing Agreement concerning the production sharing agreement was felt by the community to be too complicated. Whereas the factors that influence the occurrence of default in the profit sharing agreement for cultivating rice fields are reviewed from the Law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency is influenced by internal and external factors. Keywords: Wanprestasi, Agreement, Profit Sharing]]>
<![CDATA[The Implementation of Increasing Village Income Through Village-Owned Business Entities ]]>
<![CDATA[Adri Wontami]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13295
<![CDATA[Abstract: The purpose of this study was to determine the increase in village income through village-owned enterprises. The research method used is a normative-empirical legal research dualism where the research uses a normative-empirical legal case study in the form of a product of legal behavior. The approach used is a juridical approach and analytical techniques using qualitative analysis methods. The results of this study indicate that Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises on increasing Village Original Income has not been effective in improving community welfare. The social benefits in implementing this program have not been felt so it is necessary to increase it.Keywords: Improvement; Income; Village Owned Enterprises]]>
<![CDATA[The Position Of The Right To Residence Of The Indigenous People Of Torsiaje Is Seen From Article 18B Of The 1945 Constitution ]]>
<![CDATA[Siti Zahra Karina Jusdin]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13036
<![CDATA[: This study aims to find out the position of the right to residence of indigenous peoples torsiaje seen from article 18b of the 1945 Constitution. The methods used in this research are empirical normative research and use a legal approach or statute approach and use case approaches as well as data analysis techniques using qualitative approach analysis. The results of this study show that the Position of Rights to The Residence of Indigenous Peoples torsiaje Seen From Article 18b of the 1945 Constitution states that everyone has the right to live a prosperous life born and inward, residing, and getting a good and healthy living environment. In reality, not all communities can enjoy decent housing. This is due to differences in growth and regional development and the small government's attention to low-income communities. So that the state must immediately provide legal protection and guarantees for people who do not have or even want to move home to a more viable place by making agreements and discussions with relevant community groups. The government must be able to accelerate the making of village regulations in which it contains substance related to the division of housing rights for the community and encapsidation to create clarity in doing everything in the community.]]>
<![CDATA[Guarantee of legal trade against wages at PT. Gorontalo Citra Lestari ]]>
<![CDATA[SITI MAGFIRA TOI]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12889
<![CDATA[This research aims to find out how The Legal Protection of Workers' Wages in PT. Gorontalo Citrea Lestari. The type of research used in this paper is empirical research. This research uses a case approach, by conducting a review of cases related to the issues faced that have become court decisions that have had permanent powers. The results of this study show the Legal Protection of Workers' Wages in PT. Gorontalo Citra Lestari has not fully run optimally, this is proven by the violation of the law felt by workers. Preferably pt. Gorontalo Citra Lestari is more concerned with the protection of its workers by labor laws, and the protection of workers must be implemented to the maximum this creates a sense of security and comfort towards workers and does not cause things that are not desirable.]]>
<![CDATA[The Consequences Of The Law Caused By The Division Of Gono-Gini Property In The Gorontalo Religious Court ]]>
<![CDATA[Dwi Marcelia Hasan]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12885
<![CDATA[The type of research used by researchers in the preparation of scientific articles is a type of normative legal research with juridical sociological research methods that have objects of study of behavior in society. The termination of marriage will inevitably have legal consequences, for example, marriage between a man and a woman is a legal relationship that gives rights and obligations to both parties. Legal consequences are also interpreted as the consequences given by law for an action of a legal subject. Not only will a marriage have legal consequences, but the termination of the marriage will also have legal consequences either the termination of the marriage due to death or a court ruling.Keywords: Legal Consequences, Division, Gono-Gini Treasures]]>
<![CDATA[Criminal Acts Of Gambling And Its Countermeasures In Pohuwato Regency ]]>
<![CDATA[Ayu Pian Djailolo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12887
<![CDATA[Abstract: This research aims to find out how the village government's efforts in winning gambling crimes in Kabupaten Pohuwato. The type of research used in this research is a type of empirical legal research. Efforts made by the village government against the countermeasures of gambling crimes in central Buntulia village in the form of socialization and socialization by providing understanding to the perpetrators are carried out by the village government in collaboration with police officers about the impact of playing gambling both legally and socially and The economy is both done in forum activities or directly in gambling locations. Furthermore, agreeing on the perpetrator who was caught while practicing gambling than by the police and the village government will give a warning and agree the perpetrators and the police officers in the form of an affidavit that the concerned will not repeat his actions. Then against the perpetrator who has made an agreement with the village government but was eventually caught playing gambling, it will then be handed over to the police for processing by the provisions of applicable law. Keywords: Countermeasures, Criminal Acts, Gambling]]>
<![CDATA[Legal Protection Of Business Activities In Monopoly Practices And Unfair Competition Through Eletronic Transactions ]]>
<![CDATA[Yurniawati Djakaria]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13260
<![CDATA[Abstract: This study aims to determine how the legal protection of business actors in monopolistic practices and unfair competition through electronic transactions. The type of research used in this research is normative research which includes legal principles, legal systematics, legal history, and comparative law. The approach used in this research is the Legislative Approach The data analysis technique used in this research is the deductive method. The results of this study indicate that unhealthy business protection has an impact on business actors where the absence of regulations governing the setting of low prices is currently lacking. In addition, marketplace business actors have mushroomed by selling the same goods as those in the marketplace. So that sales through the marketplace have dominated offline retail business actors. The form of legal protection for activities carried out by the marketplace has been regulated by legislation on information and electronic transactions and unfair business competition practices but does not regulate in detail the existence of legal protection itself. Therefore, the role of government officials, both as policymakers and as supervisors and regulatory apparatus for a legal product, must make laws and regulations that can later become social engineering for all Indonesian people.Keywords: Protection; Competition; Monopoly.]]>
<![CDATA[The Authority of The Village Head To Increase The Welfare of Farmers In Pinomontiga Village, Bulawa District, Bone Bolango Regency ]]>
<![CDATA[Tri Infantry Kadir]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13296
<![CDATA[Abstract: The purpose of this study was to determine the authority of the village head towards improving the welfare of farmers in Pinomontiga Village, Bulawa District, Bone Bolango Regency. The research method used is a normative-empirical legal research dualism where the research uses a normative-empirical legal case study in the form of a product of legal behavior. The approach used is a juridical approach and analytical techniques using qualitative analysis methods. The results of the study show that until now the performance authority or role of the village head of Pinomontiga Village has not been effective in improving the welfare of farmers, is based on several indicators as described, ranging from the lack of policy interventions that are pro to the welfare of farmers to the problem of providing very small agricultural assistance and incentives for farmers, while if you read carefully about the very large number of village income and expenditure budgets in Pinomontiga Village, you should be able to portion the budget for improving the welfare of farmers, which in terms of numbers and jobs are very large. The village has the authority to improve the welfare of farmers, although it is not maximal as the data obtained, it is better to increase the cooperation with the Village Consultative Body which increasingly always accommodates the aspirations of the community, so that from here on The village head as a leader in the village can know who the community is who needs a helping hand in the form of assistance for the welfare of the community.Keywords: Authority; Village head; Well-being]]>
