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 Existence Of Law Enforcement Against Street Vendors In The City Of Gorontalo ]]>
<![CDATA[Fadly Ode Arianto]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13313
<![CDATA[Tujuan penelitian ini untuk mengetahui eksistensi penegekan hukum terhadap pedagang kaki lima di kota gorontalo. Metode penelitian yang digunakan adalah dualisme penelitian hukum normatif-empiris dimana penelitian yang menggunakan studi kasus hukum normatif-empiris berupa produk perilaku hukum. Pendekatan yang digunakan yaitu pendekatan yuridis serta teknik analisis dengan menggunakan metode analisis secara kualitatif. Hasil penelitian menunjukan bahwa Pemerintah kota gorontalo telah melakukan upaya peringatan, namun belum maksimal. Karena dengan belum adanya peruntukan lokasi terhadap pedagang kaki lima. Sehingganya para pedagang kaki lima masih berjualan di atas trotoar yang mana pedagang kaki lima di larang untuk menggunakan sebagian bahu jalan karena di anggap akan berdampak pada kemacetan, dan juga di larang untuk berjualan di atas saluran air karena akan berdampak pada kesehatan. Pemilihan lokasi untuk para pedagang kaki lima merupakan suatu peran penting terhadap aktivitas bersama sehingga tidak mengaggu ketertiban umum. Tentunya perlu support yang kuat untuk bagaimana bisa menertibkan para pedagang kaki lima, karena jika mereka di berikan pemahaman yang baik.tentang kesadaran hukum memeberikan jaminan kepastian usaha dan memfasilitasi, agar supaya usaha yang meraka rintis bisa berkelanjutan maka mereka dapat mentaati perda tersebut dan juga agar tidak mengganggu ketertiban umum.Kata Kunci: Eksistensi; Hukum; Pedagang Kaki Lima]]>
<![CDATA[Effectiveness Of Permenkes RI Number 85 of 2019 On Dak In The Field Of Physical Health In Puskesmas Randangan ]]>
<![CDATA[Bayu Reksa Pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12844
<![CDATA[Abstract: The effectiveness of a rule must be measured as long as the law or rule applies and the extent to which it runs after it is enforced. This is an evaluation step to review the extent to which the law applies. Permits for The Operation of Wastewater Management Installations as stipulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 85 of 2019 point 10 letter (l) which regulates the ownership permit of IPAL permit for Puskesmas. Health centers classified as inpatient health centers are required to have IPAL buildings and must have permission from the Environment Agency. Puskesmas Motolohu is a Puskesmas that is classified as an inpatient health center that must be IPAL. Puskesmas Motolohu has been operating IPAL since 2016 but does not have a permit until 2021. Supposedly since the construction of IPAL in Motolohu Health Center in 2016 already has a permit from the Environment Office of Pohuwato Regency. Because of the violation, the Environment Office of Pohuwato Regency has issued a written reprimand sanction to the Motolohu Health Center. The enactment of administrative sanctions is a step so that the rules on IPAL Permits can be effective as they should be.Keywords: Effectiveness, IPAL Permissions]]>
<![CDATA[The Implementation Of Policies For Structuring And Empowering Street Vendors In Gorontalo City ]]>
<![CDATA[Anita Dama]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13026
<![CDATA[Abstract: The purpose of this study was to find out how the implementation of the policy of structuring and empowering street vendors by the Civil Service Police Unit and to find out what factors influenced the implementation of the policy of structuring and empowering street vendors in Gorontalo City. The type of research used is Empirical Law research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using observation and interview techniques. The results of this study indicate that to improve the economic sector, the Gorontalo City government has issued a policy related to Street Vendors which is packaged in the Gorontalo City Regional Regulation Number 2 of 2017 concerning Structuring and Empowering Street Vendors. The existence of a regulation aims to realize optimal empowerment and governance. Even though the policy has been issued, it cannot be denied that the implementation of the policy will run as it should. This is evidenced by the presence of several street vendors who are still active in locations that should not be occupied. Therefore, in controlling street vendors in the City of Gorontalo, the Civil Service Police Unit uses the legal basis of regional regulations by providing socialization, carrying out control, and implementing arrangements. The factors that influence the effectiveness of the implementation are legal, law enforcement, facilities, community, and cultural factors.Keywords: Implementation; Policy; Street vendors.]]>
<![CDATA[Responsibility Of The National Land Agency Of Gorontalo City For The Cancellation Of Land Certificates ]]>
<![CDATA[magfirah - nupuri]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13041
<![CDATA[This research aims to find out the responsibility of the Gorontalo City National Land Agency for cancelingits land certificates. The methods used in this studyare empirical legalresearch by conducting sample withdrawal using purposive sampling and data analysis using qualitative or descriptive research approaches. The results showed that civil liability by the Gorontalo City National Land Agency against the certificates that were legalized by the Gorontalo State Administrative Court, was carried out by the Gorontalo City BPN by implementing the decision of the State Administrative Court both the first level, appeal, to the cassation that had been inkrah. , and issue a Decree (SK) cancellation of land rights certificates. In the implementation of the duties on land certificates declared void by the State Administrative Court, the Gorontalo City National Land Agency must prepare all potential and resources, and need to conduct an analysis to carry out the verdict as a form of its responsibility for land rights certificates that are declared void, without having to be requested by the applicant back to the Gorontalo City BPN.]]>
<![CDATA[Criminal Liability Committed By Debt Collectors Due To Violence In Arrears ]]>
<![CDATA[Ismiyati Usman]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13001
<![CDATA[This study aims to find out how Criminal Liability is Committed By Debt Collectors Due to Violence In Arrears. The type of research used in this research is the normative approach used in this study consists of two, namely the Statue Approach and conceptual approach. Analysis of legal materials in this study uses systematic interpretation methods. The results of this study show that the legal consequences of violence committed by debt collectors against customers who make installment leasing are the result of actions that are not by the law so that all parties involved receive the impact of the violence committed by the debt collector. However, the element of error becomes the determinant of who can be held criminally accountable. Legal entities or corporations that can be held criminally liable for violence committed by debt collectors against customers due to the establishment of leasing installments, through the theory of identification, strict liability (absolute accountability), and vicarious liability (substitute criminal liability), if there is an element of error, both intentional and void from the financing company itself. The Financial Services Authority should tighten supervision of financing companies that use debt collector services to minimize inequality in the use of debt collector services.]]>
<![CDATA[Gorontalo Local Government's Response To Legal Vacuum On Electric Bikes ]]>
<![CDATA[Fitriana Nur Biya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13035
<![CDATA[The purpose of this study is to find out the attitude of Gorontalo local governments to address the legal vacuum towards electric bicycles. The methods used in this study are normative research and The types of approaches used are the legal approach, the conceptual approach, and the case approach. The technique of analyzing legal materials in this study uses systematic interpretation methods. The results showed that the Gorontalo regional government in addressing the legal vacuum regarding the regulation of electric bicycles in the Gorontalo area is first to take precedence over what is the main problem, then trace whether the transportation has reached 50% of users for the entire Gorontalo area. This needs to be known so that it can be regulated by the local government without limiting the space of the community. Thus, holding regional rules related to the regulation of electric bicycles is still an obstacle from the point of view of the provincial DPRD why the use of such vehicles is considered to have not reached an effective amount causing the need for regional rules to regulate the use of such vehicles. With the advancement of transportation in a region, the local government should have taken steps first before it becomes a result of an event that is not organized by the local government. With this problem, the government cannot suppress the public and carry out doctrinal laws related to the rules of the use of electric bicycles, so that the theory of repressive laws cannot be implemented. The law should be able to regulate society to be able to comply with existing rules, but the rules can not be implemented. Keywords: Attitude; Responding; Electric Bicycle ]]>
<![CDATA[Analysis Of The Role Of Traffic Units Against Offenders Of Speed Limit Violations That Cause Accidents ]]>
<![CDATA[Ari Yoga Pasambuna]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12886
<![CDATA[This study aims to find out how the analysis of the role of traffic units against criminal offenders of vehicle speed limit violations that cause accidents in Kotamobagu and what are the obstacles faced in minimizing traffic accidents due to speed limit violations in Kotamobagu and using this type of empirical legal research using qualitative approaches. This method of empirical legal research serves to see the law in reality in the community by collecting data and results with sources. The results of the research obtained the role of the Kotamobagu Resort Police Unit, namely preventive efforts (prevention) in the form of socialization and education to the community of road users and traffic engineering and repressive efforts (enforcement) in the form of Arrangements, Guarding, Escorts, and Patrols and enforcement against perpetrators of traffic accidents. Then the obstacles faced are the lack of facilities and infrastructure and lack of legal awareness in the community. Keywords: Satlantas; Speed Limit; Accident.]]>
<![CDATA[The Importance Of Protecting The Personal Data Of Social Media Users In The Era Of Digitalization ]]>
<![CDATA[Mohammad Gufran Katili]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13078
<![CDATA[Abstract: Technology that moves forward and develops over time makes various kinds of changes happening around us. Social media was born as a form of technological sophistication itself that brings convenience to its users. This study uses normative methods by analyzing forms of legal protection in the context of personal data contained in several related laws. It is hoped that this article can be a characteristic of the knowledge of its readers in building a common awareness of the importance of protecting each other's data from crimes that may lurk. The results obtained through this study through various existing laws related to the form of personal data protection itself are not spelled out explicitly, causing legal blurring that leads to less effective enforcement of existing laws as a form of personal data protection.Keywords: Technology; Personal data; Social media.]]>
<![CDATA[The Role Of The Police In Coping With The Case Of Thuggery In The Batudaa Sub-District ]]>
<![CDATA[Arjun Setiawan Zakaria]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.14224
<![CDATA[The implementation of this research was to find out and analyze how the role of the police in coping with thuggery cases in the Batudaa sub-district and to find out the factors that cause thuggery cases in the Batudaa sub-district. This type of research was empirical research. The results of the study showed that the role of the police in coping with thuggery cases in the Batudaa sub-district has been carried out by taking pre-emptive, preventive, and repressive actions. Meanwhile, the factors that caused the occurrence of thuggery cases in the Batudaa sub-district were the low level of public awareness due to several factors that caused the occurrence of criminal acts of thuggery, namely economic factors, understanding of the law, as well as unsupportive culture, and community environment.]]>
<![CDATA[Consumer Protection Of Credit Card Using Customers According To Law Number 8 Of 1999 ]]>
<![CDATA[Jessica Aydaputri Masloman]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13416
<![CDATA[The purpose of this study is to determine the legal protection of credit card customers according to Law Number 8 of 1999. The type of research used is empirical legal research. While the sampling used purposive sampling and data analysis using a qualitative research approach. The results show that the times have changed society in conducting transactions, one of which is transactions using credit cards. According to research, the low level of customer knowledge regarding the use of credit cards has caused many customers to suffer losses, ranging from telephone fraud, terror committed by debt collectors, to data leaks by customers. Thus, the legal protection provided to protect customers is protection before the transaction and after the transaction. In addition to Bank Indonesia, Bank Indonesia also pprotectsby issuing a Government Regulation for the operation of card-based payment instruments, other forms of protection are stated in the UUPK Article 45 Paragraph 1 and Paragraph 2. In addition, if there is a loss to the rights of the customer, the bank will also be responsible. by providing compensation, if it is proven that the bank made a mistake. ]]>
