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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Factors Inhibiting the Effectiveness of Enforcement Article 106 Paragraph (1) of the Traffic Law No. 22 of 2009
Salman Haris
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15761
This study aims to the efforts of the police in tackling traffic violations Article 106 paragraph (1) of Law No. 22 of 2009 and what factors hinder the police in enforcing Article 106 paragraph (1) of Law No. 22 of 2009 is in the jurisdiction of the Satlantas Polres Gorontalo City. This research was carried out using empirical research methods that function to see the law in a real sense and examine how the law works in the community. The findings of this study are that the role of the Gorontalo City Police Satlantas Police in making efforts in tackling violations of Law No. 22 of 2009 Article 106 paragraph 1 consists of preventive and repressive efforts and the results are not maximal and comprehensive, because the target of education and socialization of knowledge of traffic rules, especially article 106 paragraph 1, is only aimed at several institutions, both schools and universities and in certain areas, but there is very little education and socialization is carried out to all elements and stakeholders who can play an active role in overcoming the number of violations traffic. The obstacles or factors faced by the police in enforcing Article 106 paragraph 1 are influenced by several factors including, law enforcement factors; the lack of police officers during operations or raids, community factors; lack of legal awareness and public knowledge about traffic rules and road transportation as well as the legal culture inherent in the community, then the factor of infrastructure; obstacles in the procurement of police posts and live traffic (cctv).
Fundamental Implementation of Green Open Space Function Arrangement in Gorontalo City
Novita Daud;
Dian Ekawaty Ismail;
Nirwan Junus
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.12867
This study aims to find out and analyze the effectiveness of structuring the function of the Green Open Ruan in Gorontalo City, as well as to find out the factors that hinder the availability of Green Open Space in Gorontalo City. The type of research used is empirical research where this research places a system of statutory norms when interacting with the community. Next described in the descriptive form to explain the results of the study. The research obtained by the authors in conducting this study includes the arrangement of Green Open Space in the City of Gorontalo, which provides ecological, socio-cultural, aesthetic, and economic benefits. However, it has not been maximized because the availability of Gorontalo City Green Open Space does not reach the standard compared to the overall Green Open Space area that has been set. Furthermore, based on the results of research obtained, the obstacles encountered in efforts to realize Green Open Space, namely barriers to inadequate land availability, as well as low community culture in maintaining and preserving urban Green Open Space.
Mechanism of Rehabilitation Against Narcotics Abuse by Children
Ainun Kasim
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15742
This study aims to determine and analyze how the implementation of Article 54 of Law Number 35 of 2009 concerning Narcotics, which is related to rehabilitation, especially for children who are not old enough. Then also to identify the efforts and obstacles faced in the process of implementing the rehabilitation.This research is classified as empirical research, namely research using field data in the form of interviews with parties directly related to the object under study. The results of the study show that Article 54 of Law Number 35 of 2009 concerning Narcotics related to rehabilitation has not reached the maximum point in its implementation in Gorontalo Province. Rehabilitation in its implementation is hampered due to the lack of adequate facilities and infrastructure. Rehabilitation of children also becomes a little more difficult because of the difficulty of creating comfort for children while undergoing rehabilitation which ultimately causes the child and the child's parents to be less cooperative in the implementation of rehabilitation. Therefore,
Performance Analysis of the General Criminal Investigation Directorate in Revealing the Crime of Theft
Gita Puspita Masekan
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15030
Abstract: This study aims to determine the role of the general criminal directorate detective in uncovering the crime of car theft in the Acc Finance warehouse. This type of research uses empirical legal research with a qualitative approach. The results of this study indicate that the efforts made by the Gorontalo Regional Police, especially to prevent the occurrence of car theft crimes, the police conduct raids/control operations on motorized vehicle completeness (sweeping), especially cars on a regular basis in several locations that are known to be places that are prone to car theft crimes. , conduct counseling on the dangers of the crime of theft of motorized vehicles, especially cars, billboards advertising public services with an appeal to members of the public to be more careful in storing and or parking motorized vehicles, especially cars, in collaboration with the surrounding community to prevent crime. the crime of vehicle theft by giving an appeal so that community members remind the security system in their respective environments by means of preventive measures in the form of raids/operations by directly involving community members to further improve security and the environment. their territory by increasing the security system and the active role of community members in an effort to improve security in their respective environments.
Analysis Of The Mechanism Of Removal And Termination Of Village Equipment By The Regency Of Gorontalo Regency
Misbahul Muslimin
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15108
Abstract: In carrying out its autonomy, the village is led by a village head to run the government in the village and provide services to the community. In carrying out its obligations, duties, and functions, the village head is assisted by village officials which include the village secretary, regional executive, and technical implementer. The dismissal of Village Officials that occurred in Gorontalo Regency was one of the inappropriate policy decisions by the Regent of Gorontalo Regency where in the event the dismissed Village Apparatus did not meet the requirements for the dismissal. The type of research used is empirical legal research. Empirical research is a type of research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior made from direct observation. Dismissal of Village Apparatus carried out by the Regent of Gorontalo Regency violates existing rules, where the dismissal of Village Apparatus is the authority of the Village Head in consultation with the Camat. This problem occurs because of a lack of understanding of the rules for the appointment and dismissal of Village Apparatus and also the incompatibility of the rules governing village government and the rules governing Village Apparatus.
Effectiveness of Impeachment Against Deputy Regent of Gorontalo Regency
Luksiana Lasimpala;
Lisnawaty W. Badu;
Novendri M. Nggilu
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.13287
The purpose of this research is to know and analyze the Legal Regulation of The Impeachment of Regional Heads and/or Deputy Heads of Regions according to The Provisions of Law No. 23 of 2014 on Local Government and the effectiveness of impeachment against the deputy Regent of Gorontalo Regency. The type of research used by researchers in the preparation of this study is to use normative research types that are supported by the existence of field data (empirical) using 2 (two) approaches, namely the Legislative And Case Approach. The results of this study show that the effectiveness of impeachment against the deputy Regent of the Gorontalo Regency is influenced by 3 (three)factors that affect the effectiveness of dismissal against the deputy Regent of the Gorontalo Regency, namely: the legal factor. alone, where there is no normative framework that regulates the law of dismissal events in the head of the region, second, law enforcement factors, namely regarding the competence of judges in the break the case and the unclear involvement of legal counsel (advocate), third, the legal culture factor characterized by the disobedience of the Ministry of Home Affairs to the deadline which has been made imitatively in Law 23 of 2014 concerning Local Government.
Assessing The Causes Of Household Abandonment
Resta Relita Munte
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15741
This study aims to determine the causes of household neglect. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach, purposive sampling, and descriptive analysis techniques. The results of this study indicate that the cause of household neglect is influenced by two things, including internal factors and external factors. The internal factors can cause education and psychological instability so that it often violates the provisions of the law and factors from self-awareness.Meanwhile, external factors can come from outside, such as the surrounding environment and the lack of harmonious relations in the household. Domestic neglect can lead to domestic violence. Therefore, the relevant parties, in this case, the institution, should give the mandate to protect women and must be active in campaigning for the anti-domestic violence movement, more specifically neglect in the household.
Effectiveness Of Traffic Operations On Increasing Helmet Use In Gorontalo City
Ayis Nusi
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.14939
This study aims to determine the effectiveness of the implementation of traffic operations to increase compliance with helmet use for motorcyclists in the city of Gorontalo. The type of research used in this research is empirical legal research. This research is located at the Gorontalo City Police Traffic Unit. The data used in this study were obtained using observation and interview techniques. The results of this study indicate that there are still many violations of the use of helmets so that the implementation of traffic operations to increase compliance with using helmets for motorbike riders in the city of Gorontalo has not been effective, other efforts need to be made by the Satlantas Polres Gorontalo City, namely: Police friends of children, school security patrols , Provide socialization and traffic education, Install billboards containing the rules and the importance of helmets, Cooperate with agencies.
Implementation Of Restorative Justice By The Police On Defaming In Social Media
Gloryna Rahayu Chrysti
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.14988
Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.
Legal Protection Guarantee Agricultural Land Pawn System
Istihumaira Gobel
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v0i0.15065
This study aims to determine and analyze the guarantee of legal protection for the agricultural land pawn system in Law No. 56 Prp 1960. The research method used by researchers in compiling this research is using sociological juridical research. This study uses a legal approach (state approach). The data obtained were arranged systematically so as to obtain a comprehensive picture, and by the researchers were processed using descriptive analytical techniques. As for the results of the research, namely the guarantee of legal protection for the land pawn system in Law Number 56 Prp of 1960, namely in the form of freeing ransom for the pawn system that has exceeded a period of 7 years which in that period has yielded crops