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Estudiante Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 2987114X     DOI : 10.33756
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "VOL. 3 NO. 2 JUNI 2021" : 6 Documents clear
Basis for Judges' Considerations in Decisions on Persecution Cases Putri Alya Zalsabila Hasan
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (76.067 KB) | DOI: 10.33756/eslaj.v3i2.15792

Abstract

This study aims to determine the basis of the judge's decision in the case of persecution. The research method used by the author in this study is normative research. The research approach uses analytical descriptive and uses qualitative analysis techniques. The results of this study indicate that the basis for the judge's consideration is three things, namely legal facts, evidence and the judge's belief. These three things will make the judge in terms of giving decisions to the perpetrators of criminal acts or in this case the defendants. These three points have been contained in the indictment of the public prosecutor which will then be concluded and analyzed by the judge to convince his heart in terms of imposing sanctions in accordance with what the defendants did. What should be mitigating for the Defendant in the form of the Defendant promising not to repeat his actions should not be used as consideration for the Judge in deciding a case. This could have been a pretense to gain sympathy from the Judge. So the consideration must be focused on the actions committed by the defendants
Normative Review Of Indigenous Community Rights In Mining Areas Dhea Meila Fitriani
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (61.098 KB) | DOI: 10.33756/eslaj.v3i2.15799

Abstract

This study aims to determine the rights of indigenous peoples in mining areas. The research method is a normative research method using a descriptive approach and qualitative analysis techniques. The results of this study show that the position of the rights and obligations of indigenous peoples in the mining world is still far from clear and has not been able to provide clear and unequivocal protection in the Mineral and Coal Law. Article 18B (2) of the 1945 Constitution, as one of the constitutional foundations of indigenous peoples, stipulates declarative recognition that the State recognizes and respects the existence and rights of indigenous peoples. However, this recognition sets limits or requirements for a community to be recognized as a customary law community. The Government must have full responsibility to protect and provide avenues and forums for indigenous peoples to maintain their rights in maintaining their existence.
Act Of Settlement By Investigators Against Alleged Adultery Rifki Wahyudi Haris
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (157.184 KB) | DOI: 10.33756/eslaj.v3i2.15822

Abstract

Abstract: This study aims to determine the resolution by investigators to the alleged adultery.  The method used in this study is an empirical or sociological research methodology. This study used a qualitative approach and sampling using Purposive Sampling and used descriptive analysis techniques. The results of this study show that the settlement of suspected criminal acts of adultery in the jurisdiction of the Gorontalo Police is carried out with Preventive Efforts, namely socialization or counseling in each village and village. Then the Gorontalo Police often patrols to order or prevent acts prohibited by law including adultery behavior and the form of repressive efforts carried out by the police or investigators of the Gorontalo Police is through investigations, arrests, investigations, until it reaches the judiciary which is then decided by the judge. The repressive efforts made by the police are based on the preliminary evidence that exists because this adultery case is a complaint that can certainly be dismissed because of the party being harmed or caught by Tanagan. Investigators must be more courageous in providing stricter and more straightforward law enforcement in terms of cracking down on the crime of prostitution or in other words adultery.
Overview Of The Crime Of Management Of Severe Massage Julaeha Kamaru
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.498 KB) | DOI: 10.33756/eslaj.v3i2.15819

Abstract

This study aims to determine the handling of the crime of severe persecution. 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 non-criminal mistreatment is carried out in two stages, namely preventive countermeasures and repressive countermeasures. As for preventive countermeasures, there are several things that are carried out by law enforcers which are to prevent the occurrence of criminal acts of persecution, especially the type of severe abuse, including those carried out in this preventive stage such as legal counseling, patrols in certain areas and conducting bhabinkamtibmas. Meanwhile, in the repressive countermeasures stage, it is certainly the final action taken by law enforcement to prevent the occurrence of criminal acts of persecution. In this countermeasure stage, law enforcers must carry out legal process actions according to procedures if there are violations of the provisions of the applicable laws and regulations. The Gorontalo City Government is also expected to be able to contribute in dealing with the problem of criminal acts whose perpetrators deserve the appropriate punishment, also because considering this severe persecution is very influential in people's lives.
Problems of Mediation by Judges against Divorce Cases in Gorontalo Religious Court Class 1A Ayub Wahidun Muntholib
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.776 KB) | DOI: 10.33756/eslaj.v3i2.14695

Abstract

The purpose of this study was to determine what factors influence the mediation process in the settlement of divorce cases at the Gorontalo Religious Court Class 1A. The type of research used is Sociological Juridical research, using data types consisting of primary data, secondary data, and tertiary data. Data collection techniques were carried out using interviews, observation, and library techniques. Then the data were analyzed descriptively and provided 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 problem with the delay in the mediation process for divorce cases at the Religious Courts of Gorontalo City Class 1A is caused by several factors including the desire of the parties, namely to be clean and hard to choose divorce, so the parties do not have good faith to resolve the dispute peacefully, the openness factor which is usually influenced by the shame and prestige of the parties to reveal personal problems in the mediation process, the mediator factor in the sense that the imbalance between the incoming mediation cases and the human resources in the Gorontalo religious court class 1A. based on data in 2021 there are 153 mediation cases but the available human resources are only 8 Judges and mediators so it will be difficult to handle with limited human resources, and environmental factors in the sense that the parties become discouraged and feel prestige when deciding to make peace because if this party made an amicable decision while the case was already in court, they were worried that they would become a laughing stock and also become the subject of stories by friends from both sides.
Empirical Review Of The Causes Of Children To Permit The Act Of Theft Nahdhatul Botutihe
Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (80.582 KB) | DOI: 10.33756/eslaj.v3i2.15793

Abstract

This study aims to determine the cause of children committing acts of theft. 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 indicate that the causes of children committing the crime of theft include economic factors, educational factors and environmental factors. These three factors are very influential in human life, especially for children, because some of these factors are not fulfilled, then indirectly the mindset of the child does not develop in terms of his knowledge of a crime. Looking at several factors that influence children to commit theft in general, they are interrelated. Providing education from the government and authorized institutions regarding the dangers and adverse effects of committing the crime of theft is highly expected. In addition, the local government cares for children who drop out of school or are pressured because of their weakness

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