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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 5 Documents
 1 
Search results for , issue "VOL. 3 NO. 3. OKTOBER 2021" : 5 Documents clear
Herd Immunity VS Human Rights Djamaludin Habi; Lisnawaty W. Badu; Jufryanto Puluhulawa3
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.797 KB) | DOI: 10.33756/eslaj.v3i3.16220

Abstract

Abstract: This study aims to analyze law enforcement for people who refuse vaccination from the perspective of human rights, as well as to examine the obstacles faced by law enforcement in enforcing the law for people who refuse vaccination. This type of research is juridical empirical. The approach used in this research is the statute approach and the case approach. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. The results show that the Government and the Covid-19 task force tend to provide education and rewards to people who want to be vaccinated and provide administrative sanctions for those who refuse, especially the space for movement and regulation of vaccine card requirements in receiving public services by the government and the police. The thing that hinders the process of vaccination to the public is the doubts that arise in the community about the safety and halalness of vaccines caused by hoax news from sources that are not credible.
Legal Protection Of Clients Without Contract On Legal Services According To Consumer Protection Law Islamiati M. Umar; Nirwan Junus; Melissa Towadi
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.682 KB) | DOI: 10.33756/eslaj.v3i3.16230

Abstract

This article discusses the legal protection of clients without contracts in legal services according to Law no. 8 of 1999 concerning Consumer Protection The purpose of this article is to find out the relationship between lawyers and clients in legal service agreements and to find out legal protection for clients without contracts on legal services according to Law no. 8 of 1999 concerning Consumer Protection. The method used is a normative article using library data. The result of this article is that the relationship between advocates and clients is a relationship in the form of a symbiotic mutualism that requires each other, as regulated in the Law on Advocates No. 18 of 2003 concerning Advocates that Advocates and Clients each have rights and obligations. where the advocate is obliged to provide legal assistance to the client and is entitled to an honorarium for his services. Meanwhile, the client is obliged to provide an honorarium to the advocate and is entitled to legal assistance from the advocate. while the legal protection to clients in the legal service agreement is regulated in Law no. 8 of 1999 concerning Consumer Protection, as well as the settlement method, namely through the general judiciary, the Advocate Code of Ethics Council Session, and arbitration.
Juridic Review of the Implementation of the Principle of Good Faith in Online Buying Transactions Cristien Latidi
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.925 KB) | DOI: 10.33756/eslaj.v3i3.13428

Abstract

This study discusses the juridical review of the application of the principle of good faith in online buying and selling transactions. The objectives of this research are; To find out how the juridical review of the application of the principle of good faith To find out what are the inhibiting factors for the application of the principle of good faith in online buying and selling transactions. The method used in this research is empirical normative research, which means to analyze research based on library data and based on the state of variables, and the phenomena that occur when the research takes place and presents it as it is. The results of the study show that to realize the principle of good faith in online buying and selling transactions, the government has regulated it in Article 1338 of the Civil Code which reads "All agreements made in accordance with the law apply as law for those who make them. The obstacles in applying the principle of good faith in online buying and selling transactions are the internal factors consisting of the contents of the agreement that are not in accordance, the agreement factor where the agreed goods are drawn are not in accordance with what was sent, and the object of the agreement is not appropriate. The external factors are security in transactions, settlements outside the law, consumer knowledge, the last factor is space and time distance, data authenticity and finally the factor in the existence of goods.
Legal Review on the Transfer of Land Rights (Buying and Selling) to Minors Yusup Abaidata
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.056 KB) | DOI: 10.33756/eslaj.v3i3.16216

Abstract

Abstract:This study aims to determinelegal review of the transfer of land rights (sale and purchase) to minors.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 showThe process of transferring rights to the owner or seller of underage land must basically meet the conditions for buying and selling land, where the conditions are material and formal. The material requirement is that the land to be traded is the land owned by the seller and the land is not in dispute. While the formal requirements are related to the administration and the deed of sale and purchase of land. So, legally minors in terms of the process of buying and selling land are basically not and are not regulated in the laws in force in Indonesia, unless the minor has a companion or in this case is his guardian, so that the process of land transfer or the process of buying and selling land This can be done by a child who is still under age through his guardian according to a court order.
Kajian Yuridis Pemutusan Hubungan Kerja Oleh Perusahaan Terhadap Pekerja Yang Menolak Mutasi Hanifah Hasna Hanifah; Khayatudin Khayatudin; Sicilya Mardian Yoel
Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.529 KB) | DOI: 10.33756/eslaj.v3i3.16431

Abstract

Abstract: This study discusses the legal certainty related to Termination of Employment by the company to workers who refuse transfers which until now there is no absolute regulation, even in Law Number 13/2003 concerning Employment Law. The cases raised in this research are Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn/Pbr. The formulation in this research, is the act of Termination of Employment on the grounds of refusal to mutation can be justified based on the provisions of Law Number 13/2003 concerning Employment Law? And what is the basis for the judge's consideration to accept and reject the lawsuit against workers who were laid off for refusing a mutation in Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn /pbr? The purpose of this study is to examine how the implementation of law in Indonesia and the legal protection about termination of Industrial Relations by the company to workers who refuse mutation. To analyze the reasons for accepting and rejecting the judge's decision related to termination of employment by the company against workers who refuse to mutation with the  Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn/Pbr, based on Employment Law. This research is used normative method, which examines the judge's decision juridically using Law No.13/2003 concerning Employment Law. The results of this study indicate that the mutations by the company in Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu and Study Number: 85/Pdt.Sus.Phi/2019/Pn/Pbr violate Article 32 of the Employment Law. because the  mutation did not pay attention to the workers' rights based on the principles of being open,free,objective,fair,and equal without discrimination.Keywords: Criminal; Replacement; Corruption;

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