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[Law Enforcement Against Narcotics Crime Recidivists ]]>
<![CDATA[Rezkiansyah Rahmat Paneo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13136
<![CDATA[This article aims to find out the effectiveness of law enforcement against narcotics crimes recidivists. Based on the title raised in this study, the researcher 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. As for law enforcement against narcotics crime recidivists by the Resort Police Gorontalo CIty, they have carried out their duties with procedures, especially in handling narcotics cases with the aim that the community, especially narcotics case recidivists, does not recur, but based on the results of research from the author, it is concluded that handling narcotics cases, especially for the recidivists were still not effective. Keywords: Law Enforcement, Recidivists, Narcotics]]>
<![CDATA[Ratio Legis For The Establishment Of a State Audit Board ]]>
<![CDATA[Listia Rahmawati Bumulo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13108
<![CDATA[The purpose of this study is to find out the ratio legis or the history of the establishment and development of the BPK. The method used in this research was normative research and the type of approach used was the statute approach, conceptual approach, and case approach. Legal material analysis techniques in this research used a systematic interpretation method. The results of the study showed that the importance of regulation related to financial matters and the State Audit Board has been realized by the nation's founders since the beginning of independence. At the beginning of the establishment of the State Audit Board, this institution still used the laws and regulations of the Dutch East Indies which became the legal basis for carrying out the duties of the Algemeene Rekenkame, namely ICW and IAR. However, as the government process in Indonesia progresses, the government also designs and establishes regulations related to the State Audit Board. The more updated and strengthened regulations related to the BPK were because the management of state finances is very important and is the most basic thing in realizing a clean government. The government should also expand and provide full support to BPK to make policy regulations that support the optimization of BPK's role as an independent institution so that BPK has more flexibility and authority to be able to realize its control function.Keywords: Authority; Government, Ideal]]>
<![CDATA[Law Enforcement Against Illegal Logging Activities in Sumalata District ]]>
<![CDATA[Apriyanto Adam]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13099
<![CDATA[Abstract:The purpose of writing in this study is to find out the effectiveness of Law Number 41 of 1999 concerning Forestry, Against Illegal Logging of Trees in Sumalata District. The writing of this article uses the Juridical Empirical research method, namely examining applicable legal provisions and observing what happens in social reality, by examining the population and samples and using primary and secondary data types, and using data collection techniques in the form of observation, interviews, and documentation. This article concludes that law enforcement against illegal logging of trees that occurred in Sumalata sub-district can be pursued by taking preventive measures, in the form of socialization or guidance to the community in the form of comprehensive patrol activities in friends prone to illegal logging, as well as with repressive actions to the perpetrators by imposing penalties by applicable laws. So that the realization of efforts to control and supervise illegal logging activities.Keywords: Effectiveness, Illegal Logging]]>
<![CDATA[The Role Of The National Narcotics Agency And The Police In Law Enforcement Against The Abuse Of Precursor Drugs ]]>
<![CDATA[Rivaldo Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13100
<![CDATA[Drug crime is an international crime (International Crime), organized crime, has an extensive network, has large financial support and has used sophisticated technology. The enforcement of the eradication of narcotics abuse has been carried out by the police and BNN. The National Police and the National Narcotics Agency have released various efforts to eradicate criminal acts of abuse of narcotics and narcotics precursors which are carried out in a preventive, preventive and repressive manner with the aim of making the Indonesian state drug free.]]>
<![CDATA[The Judge’s Consideration In Granting The Application For Marriage Dispensation After The Enactment Of Law No. 16 2019 ]]>
<![CDATA[Mohamad Nuralim Supu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13224
<![CDATA[This research aims to: (1) Discuss how the Law affects the increase of marriage dispensation in the Gorontalo Religious Court. (2) to find out what is the basis of the judge to grant the application for marriage dispensation after the enactment of Law No. 16 of 2019. This study uses a type of empirical juridical research with a qualitative descriptive approach with the method of collecting interview data of Gorontalo Religious Court Judges and analyzing marriage dispensation data in 2019 and 2020 Gorontalo Religious Court. While the method of processing data researchers through the stage of data examination, classification, analysis and conclusions. The results of the study that the Revision of Law No. 16 of 2019 to Marriage Law No. 1 of 1974 greatly influenced the increase in marriage dispensation cases in the Gorontalo Religious Court. Because of people's ignorance about the change in the Law and because of the many extramarital relationships that cause pregnancy.]]>
<![CDATA[Legal Analysis For Mangrove Illegal Logging In Sangkub Area ]]>
<![CDATA[Fahrul Risyad Ranselengo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13228
<![CDATA[The purpose of this study is to find out the legal analysis of mangrove illegal logging in the Sangkub coastal area. The research method used is the dualism of normative-empirical legal research whereby research uses normative-empirical legal case studies in the form of legal behavioral products. The approach used is a juridical approach and analytical technique using qualitative analytical methods. The results show that Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been resolved properly. Then many rules must be implemented, but law enforcement looks away with excitement that will damage the environment in coastal areas. Furthermore, forest crimes cannot be solved using forestry instruments alone. What is needed is cooperation between parties such as non-governmental organizations, the Corruption Eradication Commission (KPK), the Police of the Republic of Indonesia (POLRI), and others. To restore the function of mangrove forests as protectors of coastal areas, it is necessary to plan a comprehensive mangrove sustainable rehabilitation program that involves all important elements of conservation areas, namely communities, regional managers, and local governments.Keywords: Logging; Wild; Mangrove.]]>
<![CDATA[Criminal Policy Against The Criminal Action Of Subsidized Fuel Hooking In Bongo Zero Village ]]>
<![CDATA[Rizki Hidayat Palantu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13223
<![CDATA[The criminal policy against the criminal act of misuse of fuel oil and natural gas that occurred in the Bongo Nol gas station area was more focused on the "repressive" nature (suppression/eradication/suppression), after the crime or criminal act occurred. and is more of a preventive measure for the occurrence of crime, so the main target is to deal with the factors conducive to the occurrence of crime. The conducive factors, among others, are centered on problems or social conditions that are directly or indirectly. This effort is used primarily to direct that the objectives of business activities in the oil and gas sector can be carried out as optimally as possible to realize general welfare for all Indonesian people.The inhibiting factors in the enforcement of criminal law in cases of abuse of fuel oil and natural gas carried out by perpetrators in the Bongo Nol gas station area in this study were very much influenced by various factors, namely the legal factor itself such as the lack of detailed regulations governing criminal acts. abuse of fuel oil and natural gas committed by actors contained in Law No. 22 of 2001 concerning Oil and Gas, law enforcement factors where law enforcement processes will run properly when law enforcement officers carry out their duties by their respective codes of ethics, and the factor of a legal culture wherein dealing with criminal acts of abuse of fuel oil and natural gas committed by the perpetrators, law enforcement officers must have a strong mentality so that in processing cases of misuse of fuel oil and natural gas, especially at the Bongo Zero gas station, law enforcement officers can run pr process of law enforcement without sorting out who the perpetrators are behind the series of abuses of fuel oil and natural gas. Keywords: Oil Fuel, Law Enforcement, Criminal Law]]>
<![CDATA[Unraveling The Countermeasures by The Social Service of Gorontalo Province Against The Exploitation of Children with Disabilities ]]>
<![CDATA[Nurain Hunta]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.12928
<![CDATA[Abstract:This study is intended to (1) find out the role of the Gorontalo Provincial Social Service in overcoming the exploitation of children with disabilities as beggars in Gorontalo Province; (2) to find out what are the inhibiting factors for the role of the Gorontalo Provincial Social Service in overcoming the exploitation of children with disabilities in Gorontalo Province. This study uses empirical legal research methods, which use field facts as the main data in the research being conducted. 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 sample used in this research is employees at the the Gorontalo Provincial Social Service, children with disabilities, and parents of children with disabilities. The results show first, the role of the Gorontalo Provincial Social Service is to provide legal protection to children with disabilities who are victims of exploitation as beggars with preventive legal measures consisting of socialization, strengthening of the companion team, and providing social assistance; and repressive legal efforts consisting of coaching and legal assistance. The second, the role of the Provincial Social Service to children with disabilities who are victims of exploitation also experiences obstacles such as the stubbornness shown by children with disabilities and their parents, the lack of competence of disability assistants, and the absence of regional regulations on disability in Gorontalo Province.Keywords: Legal Protection; Children with Disabilities; Exploitation]]>
<![CDATA[Fulfillment Of The Right Of Justice When Persons With Disabilities Commit Criminal Acts ]]>
<![CDATA[Febriyanti Bulo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13027
<![CDATA[This study aims to find out the fulfillment of the right to justice when people with disabilities commit criminal acts. The research method used is empirical research by conducting sample withdrawal using purposive sampling and data analysis using qualitative research approaches. The results showed that the fulfillment of the rights of persons with disabilities in the batucada police jurisdiction is less than optimal even though the police have carried out their role as law enforcement by carrying out the process of investigation and investigation on a person with disabilities as a criminal perpetrator. However, it has not been fully maximized in fulfilling the rights of justice of persons with disabilities themselves because it can be seen based on the data and information obtained that when persons with disabilities face the law, in this case, is a criminal offender, the police only focus on the use of regulations that are generally without being supported by special regulations, in this case, is law No. 8 of 2016 concerning Persons with Disabilities which explains About the rights of a disabled person. Police, especially investigators, can better understand law number 8 of 2016 on persons with disabilities so that in the process of examination in the police the right to justice of a person with a disability can be more fulfilled as a whole.]]>
