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[Imposition of Ex-Wife's Post-Divorce Livelihoods: A Socio-Legal Overview ]]>
<![CDATA[Melany Fauzia Jusuf]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14923
<![CDATA[Abstract: This study aims to determine how the fulfillment of the rights of the ex-wife in obtaining the burden of living after the divorce decision. This type of research is a sociological jurisprudence based on the jurisprudence school. This research is based on normative law (statutory regulations), but does not examine the system of norms that work in society. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary legal materials and primary legal materials. The description includes the content and structure of positive law and Islamic law, which is an activity carried out by the author to analyze the determination. The results of this study indicate that the fulfillment of the burden of living after the divorce decision by the ex-husband to the ex-wife in divorce cases, in its implementation has not run optimally in all divorce cases accompanied by the burden of living, although this has been based on a judge's decision which has permanent legal force. Fulfillment of the burden of living after the divorce decision in his position is largely determined by the good faith of the ex-husband in fulfilling the responsibility of burdening the living voluntarily by the contents of the court's decision as to the party who is burdened with a living. So that to realize the maximum post-divorce burden of living in all divorce cases with the qualification of the burden, in this case, it is important to immediately give birth to the concept of legal reform in fulfilling the payment of living by guaranteeing the property of the ex-husband by including the element of guaranteeing the property of the ex-husband in the the decision handed down and presenting a mechanism for executing for free or for free. ]]>
<![CDATA[The Impact And Result Of Diving Inheritance To The Daughter In Balinese Inheritance Law ]]>
<![CDATA[Kadek Niawati]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15773
<![CDATA[The research objective is to understand the rights of daughterin the Balinese inheritance law in Toili sub-district, Banggai district, central Sulawesi Province, and to understand the impact and result if a daughter receives an inheritance in reference to the Balinese inheritance law in Toili sub-district, Banggai district, central Sulawesi province. It is empirical legal research where the researcher collects data through observation, interview, and documentation. In confomity with the research finding, it is concluded that the impact and result of dividing inheritance to the daughter that if the daughter does sentence marriage, so that she will continue the lineal descendant of the family. On the contrary, if the inheritance is divided through musyawarah dan mufakat (deliberation for a consensus) thus the daughter lives with a responsibility to the parents and family although she is not the successor. The Balinese community thet migrates outside bali island will be forever lived with the custom by establishing a customary village that facilitates the Balinese communty during the joys and sorrows along with its predetermined awig-awig (regulation).]]>
<![CDATA[Tracing the Principle of Balance in Contractual Relationships Betwwen Customers and Indihome Sercvice Providers ]]>
<![CDATA[Arief Nur Amrizal Mooduto]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.13226
<![CDATA[This research is intended to see and find out how the principle of balance between customers and Indihome service providers in the City of Gorontalo. This research uses empirical legal research methods, where facts and events on the ground are used as the main ingredient in determining the truth of the research. The data source used is the primary data source as the main data, and the secondary data source as supporting data consisting of documents and scientific work related to the problem being discussed. The sample (respondents) used in this study is the people of Gorontalo City who are customers of Indihome products and the second is the pewakilan from PT. Telkom Gorontalo Branch as indihome service provider. The results showed that the application of the principle of balance between customers and Indihome service providers in the City of Gorontalo was carried out jointly by the customer and the Indihome service provider. The customer applies the principle of balance by paying internet bills in accordance with the duration of time given. Indihome service providers apply the principle of balance by compensating, repairing networks, and other actions deemed necessary.]]>
<![CDATA[Measuring The Causes Factor Of The Criminal Act Of Persecution ]]>
<![CDATA[Mohamad Rivaldi Pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14362
<![CDATA[Abstract: This study aimed to find out the factors causing the occurrence of criminal acts of persecution. The method used in this research was empirical or sociological research methodology. This study used a case approach, which was carried out by examining cases related to the issues faced and sampling using purposive sampling. The results of this study indicated that the occurrence of criminal acts of persecution in the jurisdiction of the Batudaa Pantai Sector Police was caused by the influence of alcoholic beverages, an unfavorable environment, and low education which also affected thinking patterns, the heartache that led to revenge, misunderstandings resulting from failure communication process, to uncontrolled emotions. The Batudaa Pantai sector police should make more use of social media in providing understanding to the community and school children so that legal awareness continues to increase in all circles because they see the impact that will be caused if they commit a criminal act.Keywords: Cause; Criminal; Persecution]]>
<![CDATA[Performance Effectiveness Of Mediators In Settlement Of Industrial Relations Disputes In Manpower And Transmigration Services ]]>
<![CDATA[Sarah Magfirah Daud]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14783
<![CDATA[The purpose of this study is to describe and identify the performance of mediators in resolving industrial relations disputes at the Manpower and Transmigration Office of Gorontalo Regency and to identify and analyze the inhibiting factors experienced by mediators in resolving industrial relations disputes if they fail. The research method used is sociological juridical, namely examining applicable legal provisions and what happens in society or research conducted on real conditions that occur in society. The results of this study are that the success of a mediation process depends on the performance of the mediator himself in the settlement of industrial relations disputes. According to the mediator at the Manpower and Transmigration Office of Gorontalo Regency, cases that are often handled and resolved at the mediation stage are cases of disputes over the termination of employment (PHK). In the mediation process, failure is something that is also found in reaching a collective agreement, because several internal and external factors make the mediation process unsuccessful, so it is recommended to go to court. The conclusion from the research is that the performance of the mediator in the settlement of industrial relations disputes at the Department of Manpower and Transmigration of Gorontalo Regency has been running according to the applicable regulations and has not been effective. ]]>
<![CDATA[Upaya Perlindungan Organisasi Amnesty Internasional Dalam Kasus Perdagangan Anak Di Indonesia ]]>
<![CDATA[Karmila Abdjul]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15774
<![CDATA[Tujuan penelitian ini adalah untuk mengetahui, memahami dan mendeskripsikan eksistensi organisasi amnesty internasional dalam kasus perdagangan anak di Indonesia, serta mengeksplorasi dan mendeskripsikan upaya perlindungan yang dilakukan oleh amnesty internasional terhadap anak korban perdagangan anak. Jenis penelitian yang digunakan yaitu penelitian normatif yang merupakan penelitian hukum doktrinal atau penelitian hukum teoritis. Adapun pendekatan yang digunakan penulis terdiri dari beberapa pendekatan yaitu Pendekatan perundang-undangan (Statute Approach) dan Pendekatan kasus (Case Approach). Hasil penelitian eksistensi organisasi amnesty internasional sangatlah tinggi dalam melakukan pembelaan hak asasi manusia yang berdasarkan deklarasi universal hak asasi manusia, karena organisasi ini bergerak di bidang penegakan pelanggaran hak asasi manusia, amnesty internasional terus melakukan perjuangan terhadap pelanggaran hak asasi manusia yang terjadi didunia, terkait dengan penelitian ini yaitu berhubungan dengan perjuangan dan perlindungan terhadap pelanggaran hak asasi anak yang terjadi di Indonesia.]]>
<![CDATA[Study On The Effectiveness Of Supervision And Council By Regional Supervisory Assembly Against Notaries In Gorontalo District ]]>
<![CDATA[Ridho cahya Pratama Lahay]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14366
<![CDATA[The purpose of this article is to determine the effectiveness of the authority of Supervision and Guidance by the Regional Supervisory Board for the Notary profession and to know the inhibiting factors for Supervision and Guidance of the Notary profession in Gorontalo Regency, Although routinely in carrying out supervisory and coaching duties, the Regional Supervisory Council still finds several problems regarding the code of ethics of the notary profession, frequent administrative violations related to the notary deed .The research method used is the empirical legal research method. The problem in this article is to what extent is the effectiveness of the authority of the Regional Supervisory Council towards the supervision and guidance of Notaries in Gorontalo Regency and what are the inhibiting factors in carrying out such supervision and guidance. The results of the discussion show that there are some ineffective supervision implementations such as Notaries in Gorontalo Regency still often neglect to make book bundles if the number of deeds has fulfilled 50 deeds, there are also repeated omissions by Notaries related to the neatness of deed storage and deed picking tests. . The inhibiting factor is the lack of infrastructure due to the combination in 1 Supervisory Council at the regional level so that it has implications for less effective and maximum supervision and guidance for Notaries. For this reason, it is necessary to add authority to the Regional Supervisory Council in the Law on Notary Positions or in other technical regulations as well as the need for government efforts to support human resources in order to increase the Notary profession in Gorontalo, so that with the adequate allocation of the Notary profession in each region, an institution can be created. Regional Supervisors in each of the regions in need.Keywords: Effectiveness, Supervision, Guidance, Notary Position]]>
<![CDATA[The Effectiveness Of The National Land Agency In Implementing The Complete Systemic Land Registration Program ]]>
<![CDATA[Sri Rahayu Mootalu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14781
<![CDATA[The research aims to determine to what extent the role of Nasional Land Agency in implementing the complete and systematic Land Registration (PTSL) program and internal and external factors inhibiting the National Land Agency in implementing the Complate and Systematic Land Registration (PTSL) program towards the improvement of Land Certificate Ownership Data in Gorontalo Regency. In this case, the program has been done well, yet it remains encountering several problems. The research employs empirical legal research. The problems in this current research are the role of National Land Agency in implementing the Complate and Systematic Land Registration (PTSL) program towards the impprovment of Land Certificate Ownership Data in Gorontalo Regency and internal and external factors inhibiting the implementation of program. The research finding reveals that the implementation of Complete and Systematic Land Registration (PTSL) program by National Land Agency remains not maximum. Therefore, it is necessary to fiind a preper solition so that the PTSL program could achieve the predetermined target and implementation stages must be in accordance with the prevailing regulation. Keywords: Role of BPN, PTSL Program, Land Certificate Ownership]]>
<![CDATA[The Local Government Reformulation On Village Fund Supervision ]]>
<![CDATA[Mohamad Sigit Ibrahim]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15775
<![CDATA[The purpose of this research is to figure out the reformulation of village fund supervision by the local governments of Gorontalo District. The method employs empirical legal research that sets field facts as the research data. The data sources are primary data, namely field data, and secondary data consisting of documents, scientific papers, and other relevant secondary materials. Techniques of data collection are interviews and direct observation in the field. Findings reveal that the Gorontalo District Inspectorate, as the local government, carries out its duties and functions in supervising village funds through the method of auditing, reviewing, evaluating, monitoring, and other supervisory activities. However, the reformulation of village fund supervision has not been fully implemented due to several reasons, including the procedures of village fund supervision that have not been fully compliant with the internal audit standards of the Indonesian Government (SAIPI); time limit of the supervision; the limited number of governinent internal supervisory apparatus (APIP) in comparison with the number of villages to be supervised.]]>
<![CDATA[The Restitution of Children as Victims of the Crime of Obscenity in the Principles of Restorative Justice ]]>
<![CDATA[Randi Hernanto Madu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14598
<![CDATA[Abstract: The purpose of this study is to find out how the problems that become obstacles in fulfilling the restitution of children as victims of criminal acts of obscenity through the settlement of cases with the principle of restorative justice. The type of research used is Empirical Law research, then the data is analyzed descriptively or provides an overview or explanation of the subject and object of research as the results of the research conducted. The results of this study indicate that the process of resolving cases with the principle of restorative justice by the Gorontalo Police is applied on the basis of the wishes of the victims who have wanted a family settlement with the condition that they want compensation. There is a peace agreement between the two parties, the police issued a letter of termination of the investigation as a result of restorative justice which was recorded in the register book in book B-19 as a case that was terminated through restorative justice. Furthermore, on the fulfillment of restitution for children as victims of criminal acts of obscenity by the Gorontalo Police in collaboration with the Witness and Victim Protection Agency (LPSK). some of the victims asked for their children to be married, sent to school, and other losses. However, there are several things that become obstacles in the process of fulfilling restitution for victims of sexual abuse, which include the desire of the victim, the economic factor of the perpetrator, the communication factor, and the factor of the substance of the legislation. Some of these factors have an impact on the fulfillment of restitution which is hampered and takes time.]]>
