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[Criminological Analysis of the Crime of Theft by Actors Outside Gorontalo ]]>
<![CDATA[Maharani Saskia Limonu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.14977
<![CDATA[Abstract: This study aims to determine and analyze what factors cause the rise of criminal acts of theft whose perpetrators come from outside Gorontalo. The type of research used in this article is empirical legal research with a qualitative approach. Furthermore, the data will be analyzed descriptively by describing and providing interpretations of the data obtained in the field by basing on the applicable norms or legal rules associated with the subject matter studied, namely those concerning theft. The results of this study indicate that the factors that cause the rise of criminal acts of theft whose perpetrators come from outside Gorontalo are 1) Economic factors that result in unemployment and poverty. 2) The development of globalization and the lack of communication between the police and the sub-district government, the development of globalization moves feel so fast that people can quickly move from one place to another and this is accompanied by a surveillance system that exists in every border between provinces which is so free that it makes it easier for the movement of the people. criminals to move from one place to another. 3) Individual and Victim Factors, it is undeniable that every criminal act that occurs is also influenced by the victim's careless and careless factors so that it invites the intentions of the perpetrators of the crime. ]]>
<![CDATA[Legal Consequences of The Implementation of Reimbursement of Rights or Subrogation in Credit Activities ]]>
<![CDATA[Riri Rayhan Abdul Azis]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15739
<![CDATA[This researchaims to find out and analyze the legal consequences and inhibiting factors arising from the Implementation of Reimbursement of Rights or Subrogation in Credit Activities according to the provisions of the Kitab of the Civil Law. This research uses a sociological or empirical type of research with a qualitative approach. The resultsof this study show that the legal consequences arising in the implementation of reimbursement of rights or subrogation in credit activities cause losses to the creditor due to the implementation of subrogation not running properly and resulting in a blacklist to the debtor and to third parties who do not carry out their obligations. Internal inhibiting factors are in the form of lack of information from the bank related to subrogation, also debtors often do not understand repayments and the absence of good faith from debtors while the inhibiting factors faced externally are in the form of third parties who pledge a decrease in economic capabilities, lack of knowledge of third parties related to the existence of subrogation procedures and the absence of good faith on the part of the third party in settling the remaining credit payments.]]>
<![CDATA[The Role of BPOM in the Circulation of Cosmetics With Fake Distribution Permission ]]>
<![CDATA[Siti Khodijah]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15685
<![CDATA[This study aims to determine the role of Food and Drug Supervisory Agency (will be referred as BPOM) in the distribution of cosmetics that include a fictitious distribution permit. The method used in this study is an empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study show that the role of BPOM in the distribution of cosmetics that includes a fictitious distribution permit basically continues to carry out Supervision, Guidance, and Prosecution of every producer who violates government regulations related to the circulation of counterfeit cosmetics that include a fictitious distribution permit number and there are several programs that are run to deceive consumers. get the right. In addition, it continues to provide protection to consumers who experience losses by providing administrative sanctions to the perpetrators to be able to pay for the losses suffered by the consumers themselves. Protecting Consumers from the Circulation of Dangerous Cosmetics BPOM has several programs, namely the National Movement to Beware of Illegal Drugs and Food (GNWOMI), GENPOPA, BPOM Checks, Public Warnings, Educational Videos, Community Awareness Index Surveys, Implementing Teams for Quality Improvement of Community Empowerment and Consumer Protection.]]>
<![CDATA[Measuring The Evaluation And Clarification Of The Implementation Of The Forming Of Village Regulations In The New Normal Time ]]>
<![CDATA[Muhammad Amin Ladiku]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.14942
<![CDATA[Abstract: This study aims to determine the evaluation and clarification of the implementation of the formation of village regulations in the new normal. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling and using qualitative analysis techniques. The results of this study showthe implementation of the evaluation and clarification process by the regent of boalemo on the formation of village regulations in the New Normal period to date is based on not running effectively in accordance with the regent of boalemo regulation no. 25 of 2015 concerning Procedures for Formulating Village Regulations. Because all evaluation stages should be carried out by the Department of Social Affairs and Village Community Empowerment and the clarification stage should be carried out by the Regent through the Legal Section of the Regional Secretariat to clarify the Draft Village Regulation. However, in its implementation, it is completely submitted to the Social Service. Therefore, the process stages in Boalemo Regency are not in accordance with the rules that have been formed.Keywords: Evaluation; Clarification; Village Regulation Draft]]>
<![CDATA[Legal Position for the Implementation of Inheritance Distribution ]]>
<![CDATA[Ridwan Hulalata]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15014
<![CDATA[Abstract : This study aims to determine the legal position of the distribution of inheritance in Sonuo Village, West Bolangitang District, North Bolaang Mongondow Regency. This type of research is normative-empirical, by taking a sociological juridical research approach (Sociological jurisprudence) which is based on a legal provision regarding the norm system, but observing how the reactions and interactions occur when the norm system works in society. Based on this view, empirical legal research using a Sociological Jurisprudence approach is a research. The results of this study indicate that the practice of dividing inheritance used by the people of Sonuo Village is using traditional procedures. Inherited property is for the heirs themselves without discriminating between sons and daughters. There are parents who divide their wealth to the heirs during his lifetime, and there are also later after the heirs die. The people of Sonuo Village, since then, have been more inclined to the Inheritance Sharing scheme which has been passed down from ancestors/customs in the village. Until now, the people of Sonuo Village, which still cannot be called modern society, still adhere to the beliefs or beliefs that have been passed down from their previous parents in determining the distribution of inheritance, which is certainly different from the point of view of Islamic law in determining inheritance.]]>
<![CDATA[Countermeasures Against The Criminal Act Of Runaway Underage Girls ]]>
<![CDATA[Bella Putri Hunowu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15016
<![CDATA[This study aims to determine the prevention of criminal acts of escaping underage girls. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study show the efforts made by the police, namely, first, taking preventive measures by providing socialization to the community about the dangers of the child's environment if not supervised by parents, besides that other preventive forms invite the community to cooperate in supervising actions that can harm children. who are underage. Second, take repressive actions against perpetrators who run away underage children and cooperate with police agencies in certain areas, this can make it easier for the police to speed up the legal process, especially if the perpetrators run away. Third. Maximizing cooperation between the families of the victims in order to make it easier for investigators to collect evidence. So that related parties can maximize the socialization of negative impacts, both in general and specifically regarding the legal consequences, so that all levels of society can actively participate in general with the police in efforts to tackle the crime of escaping underage girls. ]]>
<![CDATA[Overview Of Criminology Of Criminal Actions Of Narcotics In Jayabakti Village ]]>
<![CDATA[Ronaldi Timpola]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15674
<![CDATA[The purpose of this study was to determine and analyze through a criminological review the factors that cause narcotics abuse by the people of Banggai Regency, especially in Jayabakti Village, and efforts to prevent narcotics abuse in Jayabakti Village. The type of research used is empirical or field research with a case approach (case approach). The results of this study indicate that narcotics abuse in Jayabakti village is caused by several factors, including the entry of outsiders (non-local communities), education, economy, and weak village security supervision. And prevention efforts are made so that the community is not involved in narcotics abuse, among others, Pre-Emtif efforts: Instilling moral values as the main fortress that can prevent not being influenced and falling into narcotics abuse and providing correct and intensive information to the public regarding the dangers of using drugs. Narcotics. Preventive efforts: Carry out communicative supervision and guidance to parents and families, the community environment, and the role of the local government to carry out information on the dangers of narcotics. Repressive measures: Law enforcement actions carried out by Banggai Police and BNN, rehabilitating perpetrators so that perpetrators have a strong desire to recover,in RUTAN, and providing skills training..]]>
<![CDATA[The Disparity Of Judge's Decisions In The Same Criminal Act Of Corruption ]]>
<![CDATA[Wahyuni Malanua]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15686
<![CDATA[The purpose of this study is to find out what are the factors that cause the disparity of criminal sanctions in the verdict of criminal acts of corruption as well as the legal basis that becomes the consideration for making decisions on corruption crimes by judges, especially in the Gorontalo District Court.The type of research used is normative juridical research, with a statutory and conceptual approach, for this approach several primary legal materials are used, namely laws and regulations relevant to the object of study supported by secondary legal materials in the form of books, journals and other sources. . The conclusion of this study found that there were differences in the results of the comparison of two different decisions where the Gorontalo District Court Decision Number 18/Pid.Sus-TPK/2020/PNGto which harmed the state by 43 billion was only given a sanction of 1 year 6 months in prison while in decision number 1/ Pid.sus -TPK/2018/PNGto which harms the state as much as 1 billion is given a prison sentence of more than 4 years so that this can be said to be a disparity of decisions.]]>
<![CDATA[Empirical Review Causes Of Hit And Run That Lead To The Victims Death ]]>
<![CDATA[Devina Sesilia Ginoga]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15018
<![CDATA[This study aims to determine the cause of the hit and run resulting in the victim's death. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling. The results of this study indicate that the causes of hit-and-run resulting in the victim's death are basically caused by several things, including First, the lack of legal awareness of the perpetrators, this is certainly influenced if they do not have formal education. The two perpetrators were afraid when they experienced a collision, so according to him, to avoid the legal process and public outcry, the solution was to run away from responsibility for their actions. Third, the streets are quiet so that when you are driving a motorbike it exceeds the average speed. Handling traffic by creating accident-prone service posts in accident-prone areas, and deploying traffic accident service centers to make it easier for the public to report traffic accidents, especially hit-and-run. ]]>
<![CDATA[Police Performance Against the Implementation of Investigation of Children as Perpetrators of Obscenity ]]>
<![CDATA[Muhamad Vikram Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.14986
<![CDATA[Abstract: This study aims to find out how the police's efforts in investigating children as perpetrators of criminal acts of obscenity and knowing the factors that hinder the police in investigating children as perpetrators of sexual abuse in Gorontalo. The type of research used in this article is empirical legal research using a qualitative approach. The results of this study indicate that the investigation of children as perpetrators of criminal acts of obscenity is regulated in Law Number 11 of 2012 concerning the Criminal Justice System for Children based on the principles of protection, justice, non-discrimination, best interests of children, respect for children's opinions, survival and growth. child development, child development and guidance, proportionality, deprivation of liberty and punishment as a last resort, and avoidance of retaliation. There are two stages of investigation of children as perpetrators of criminal acts, namely investigation, and investigation. The investigation is more directed at searching and finding events that are suspected of being criminal acts, while investigations are more directed at searching and finding evidence to arrest suspects which include summons, arrests, searches, confiscations, detentions, and examinations. Then the inhibiting factors in carrying out investigations of children as perpetrators of criminal acts of obscenity are the lack of witnesses in the obscenity case and the lack of time efficiency between the investigator and BAPAS (Penitentiary) to work together in resolving the obscenity case. ]]>
