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[Ratio Decidendi Judge's Decision In Deciding The Crime Of Persecution ]]>
<![CDATA[Sintia Husain]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13091
<![CDATA[This study aims to find out the ratio of judge's decision in deciding the crime of child abuse based on verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. The method used in this study is normative legal research. The approach used is to use the legal approach or statute approach (statute approach) and use the case approach. The results showed that the ratio decidendi the judge's ruling in deciding the crime of persecution based on the verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. It is appropriate because this is considering the age of the defendant who is under 18 (eighteen) years old. In Article 1 number 1 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 on Child Protection it is stated that a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. In other words, the accused is still classified as a child according to the criminal law and is considered still unable to account for the actions committed. Therefore, there needs to be a change in the Child Protection Act related to children as "PERPETRATORS" because the 2014 Law on the amendment of Law No. 23 of 2004 only protects victims' children.]]>
<![CDATA[Measuring The Implementation Of Regulation Of The Minister Of Health Number 97 Of 2014 Concerning Delivery In Health Facilities ]]>
<![CDATA[Andris Isa]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.12977
<![CDATA[This study aims to find out the implementation of Article 14 Paragraph 1 of the Regulation of Minister of Health Number 97 of 2014 regarding delivery in health care facilities in Tolangohula Sub-district, Gorontalo Regency. The type of research used in this study was empirical legal research, in this study, the sampling used purposive sampling and the data analysis used by researchers in legal research used descriptive analysis. The results showed that policy implementation failed because the content of the policy was still unclear, meaning that the objectives were not detailed enough, the means and application of priorities, or the policy programs were too general or did not exist at all. Second, because of the lack of internal and external provisions of the policies to be implemented. Third, the policies to be implemented may also show significant deficiencies. Fourth, other causes of failure to implement a public policy can occur due to deficiencies concerning auxiliary resources, for example, those concerning time, cost/funds, and human labor. Legal awareness of the local community, especially pregnant women, so that they can take advantage of the facilities provided by the government in the form of Public Health Center and Auxiliary Health Center and even the nearest hospital, this is to ensure the safety of mothers and children as well as reduce the risk of maternal and child mortality.Keywords: Delivery; Facility; Health]]>
<![CDATA[Polygamy in the Perspective of Christianity ]]>
<![CDATA[Novia Helda Rompis]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13258
<![CDATA[This study aims to find out how the sociological purpose of polygamy in the perspective of Christianity itself in social life knowing that based on Christianity itself polygamy is prohibited, it does not mean that there is no polygamy in Christianity, but if you look at it historically in the Bible which divided into two parts, namely in the old agreement and the new agreement there are several explanations about how polygamy can exist and then become a prohibition. The type of research used is empirical law (sociological), using legal research material sources consisting of primary law and secondary law. The technique of collecting legal materials is done by interviewing and observing. then processed based on the topic of the problem that has been formulated based on the formulation of the problem in this study. These study, based on the formulation of the problem where there is a problem of polygamy in Christianity, the influencing factors, and the sanctions imposed on people who carry out polygamous marriages. Therefore, many polygamists do not understand correctly the meaning of polygamous marriage itself and the existing requirements of existing national law and church law and the impact it has, which in Christianity itself initially adhered to monogamy as stated on the Marriage Act, one for all time. Keywords: Polygamy, Christianity, Perspective, Religion]]>
<![CDATA[The Effectiveness of Settlement of Criminal Acts of Minors Through Non-Litigation Efforts at the Gorontalo District Court ]]>
<![CDATA[Ismiaty Amiri]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13271
<![CDATA[Abstract: This Reaserch aims at finding out (1) to what extent the efficacy of non-litigation, especially diversion in settlement of crimes involving children, in Gorontalo district court and (2) factors hindering the non-litigation process against crimes involving children in Gorontalo district court. The research method employs a normative and ampirical approach.Finding indicate that the implementation of non-litigation in settlement of crimes involving children in Gorontalo district court is less effective. This is due to the externalities existing on the child who is referred to as a perpetrator or victim’s parent/guardian. Hence, a thorough education outreach needs to be conducted to the family and the children regarding the objectives and the benefits of the diversion. Key words : Crimes Involving children, Non-Litigation, Diversion]]>
<![CDATA[Legal Protection For Consumers Who Get Expired Products ]]>
<![CDATA[Siti Nur Yanti Dukalang]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13142
<![CDATA[: The purpose of this study is to find out the legal protection for consumers who get expired products. The type of research used was empirical legal research. While the sampling used purposive sampling and data analysis used qualitative research approach. The results of the study showed that legal protection for consumers from the circulation of expired beverages is divided into two a). Preventive legal protections for consumers from the circulation of expired beverages are by giving warnings to business actors, providing guidance to business actors, destroying expired goods or beverage products, monitoring and supervising the circulation of expired beverages so as not to harm consumers. b). Repressive legal protection for consumers from the circulation of expired beverages by conducting inspections on business actors, confiscation, giving sanctions in the form of verbal and written warnings, conducting raids. It is necessary to tighten supervision and guidance for business actors and implement compensation for consumers who have suffered losses. And even tighter monitoring and supervision in small stalls located in remote villages so that no more consumers feel disadvantaged.]]>
<![CDATA[The Legal Position Of Marriage Through a Unified Marriage Isbat Trial At The Gorontalo Religious Court ]]>
<![CDATA[Aneng T. Lamara]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13286
<![CDATA[Abstract: The purpose of writing to be achieved is to know and analyze about what is the legal status of the wife who is still bound by a legal marriage in applying for marriage confirmation through a unified marriage isbattrial? and What are the legal implications for the legal status of the wife due to the establishment of the confirmation of marriage through a unified marriage isbat trial? This study uses a type of Normative research with two approaches, namely the legislative approach and the case approach. the results showed that: First, the position of the legal status of the wife who is still bound by a legal marriage in filing a marriage confirmation through a juridically integrated marriage isbat trial has violated the provisions contained in the marriage law that expressly does not allow for the wife to marry twice before there is a divorce ruling that has permanent legal force from the Court. Second, the legal implications arising from the legal status of the wife due to the establishment of the legalization of marriage through a unified marriage isbat trial, namely the emergence of legality for legally valid wives due to not getting a divorce ruling from the Court on the previous marriage which is essentially contrary to the provisions of the marriage law on the prohibition of polyandry for the wife and opens the space for violations of the law. from the legal side of state administration through legal smuggling at the time of issuance of marriage books. Keywords: Marriage Isbat; Ratification; Court.]]>
<![CDATA[The Role Of The Police In Completing The Practice Of Domino Card Gaming ]]>
<![CDATA[Raflin Wantu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13241
<![CDATA[Abstract: The implementation of this research is to find out and analyze the role of the police in dealing with domino card gambling practices and to find out the factors that hinder the police in dealing with domino card gambling practices and the type of research is empirical research. The results show that the role of police in dealing with domino card gambling practices still has obstacles in the form of an approach to the community, one of which is the lack of socialization from the police even though it is carried out using pre-emptive and repressive measures. Meanwhile, the factors that hinder the police in dealing with the practice of domino card gambling are that the police are still difficult to track down the places where gambling practices occur. carried out by the community, the low level of public awareness is based on the consequences of unsupportive Economic, Knowledge, Entertainment and C,ultur,e and Community Environment factors. Keywords: The Role of the Police, Domino's Card Gambling]]>
<![CDATA[Management Concerning Economic Exploitation Cases Against Children In Gorontalo City ]]>
<![CDATA[Iswandi Rahmatillah Dali]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13198
<![CDATA[The purpose of this study is to find out and investigate how the review of parents as perpetrators of exploitation in Gorontalo City, namely to find out the countermeasures by P2TP2A in minimizing cases of economic exploitation of children in Gorontalo City. This type of research is empirical research with data collection techniques through interviews. This research was conducted at P2TP2A “LAHILOTE” Gorontalo City. Based on the results of the study, it was concluded that the act of economic exploitation of children was caused by the victim's parents and the child's own will. Economic exploitation of children when accompanied by violence,will result in mental and psychological disturbances. Parents who carry out economic exploitation of children continuously will have a more serious impact, especially on children,n and disturb the community. For this reason, facilitation for underprivileged parents and carrying out economic exploitation of children must be carried out and child victims of exploitation must be rehabilitated and accompanied for mental recovery. Efforts made by P2TP2A “LAHILOTE” Gorontalo City related to the economic exploitation of children, namely facilitating parents so that they do not carry out economic exploitation of children and providing assistance to children who are victims of economic exploitation. Keywords: Exploitation, Economy, Parents, Children]]>
<![CDATA[Criminalization Of Adultery During The Covid 19 Pandemic ]]>
<![CDATA[Siti Nurfadila Rahman]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13225
<![CDATA[ The purpose of this study is to find out the criminology of adultery perpetrators during the Covid 19 Pandemic. The type of research used is empirical legal research. While sample withdrawal uses purposive sampling and data analysis using qualitative research approaches. The results showed that cases of adultery occur of course triggered by various factors both internal factors and external factors. In the current pandemic period where the majority of people ranging from high economic class to low economic class experience severe economic crisis, primary and secondary needs are difficult to meet to cause feelings of stress and stress that can trigger quarrels in the household, these quarrels can also trigger divorce in households caused by the economy or other actions. In addition, the problem of economic crisis can also trigger adultery were to meet the economy, they commit such unworthy deeds to earn money as well as commercial sex workers. There needs to be increased understanding of the law by law enforcement and the government towards citizens to avoid actions that can harm themselves and others, especially legal counseling to the younger generation.]]>
<![CDATA[Legal Protection Of Consumers Due To Default In Online Buying And Selling Transactions ]]>
<![CDATA[Raplin Djauhari]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13003
<![CDATA[This research aims to find out the legal protection of consumers due to default in online buying and selling transactions and to know the responsibility of business actors due to default in online buying and selling transactions.This research uses a statutory approach with a type of research that is normative legal research.The results showed that (1) Legal protection of consumers due to default in online buying and selling transactions is intended to protect their rights that business actors do not fulfill. The protection of the law against consumers can be measured by how the law protects the rights of the rights of consumers, while the rights of consumers are regulated in the Civil Code Article one thousand two hundred and thirty-five, Article one thousand four hundred seventy-four, Article one thousand four hundred fifty-eight, article one thousand four hundred seventy-four, Article one thousand five hundred and thirteen, One thousand five hundred and fourteen. Consumer protection law Article forty-five, Article forty-six and Article forty-seven, as well as in the law on information and electronic transactions Article seventeen paragraph two, Article thirty-eight. (2) The responsibility of business actors due to default in online buying and selling transactions is to compensate consumers. Indemnity includes returning money, replacing it according to its value.Keywords: Criminal Acts, Theft, Children]]>
