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[Restorative Justice On Death Caused By Traffic Accident ]]>
<![CDATA[Zulkifli Mohamad]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16114
<![CDATA[This study aims to determine how the application of Restorative Justice to Traffic Accidents That Cause Death. An empirical research method that serves to see the law in a real sense and examines how the law works in the community. The data collection process used interview techniques and direct data collection at the Gorontalo City Police Traffic Unit Office. This study uses a qualitative method by describing it descriptively. The results showed that many cases were not processed to the Gorontalo District Court because there were several factors, namely, Not getting sufficient evidence, the accident that occurred was not a crime, the perpetrator of the accident died, the perpetrator of the accident was still a minor, The family of the accident victim who has been sincere, and the family of the victim who does not want to deal with the court because it takes a long time and the criminal case has expired. Regarding efforts to resolve cases of traffic accidents that result in death, namely ADR (Alternative Dispute Resolution), Diversion, and SP3 (Termination of Investigation).]]>
<![CDATA[The Increased Business of Edged Weapon Without Authorizations via Social Media in Gorontalo Province ]]>
<![CDATA[I Komang Kris Kamisma]]>;
<![CDATA[Moh. Taufik Zulfikar Sarson]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16168
<![CDATA[This study aims to find out and analyze how the role of the police in dealing with cases of selling sharp weapons without a permit through social media, as well as to find out the obstacles in the process of handling these cases. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the Gorontalo Provincial Police, and data obtained directly through social media. The results of the study show that there has been no action against the perpetrators of selling sharp weapons on social media which is actually a criminal act as regulated by law. This is one proof that law enforcement in Indonesia, especially in the matter of criminal acts committed in social media or cyberspace, is not implemented properly. The lack of supervision and seriousness of law enforcers in implementing the law is the cause of many cases that are not handled.As for the obstacles in law enforcement against the case in question due to the lack of experts in the cyber field, weak government supervision in the virtual field, people who do not understand and care, as well as the limitations of laws that discuss and regulate criminal acts of selling sharp weapons, especially through social media.]]>
<![CDATA[Criminology Study of Sexual Violence in Children ]]>
<![CDATA[Khairunnisa Taha Oponu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Avelia Mantali]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15955
<![CDATA[The purpose of this study is to determine the factors that cause sexual violence that occurs in children and to determine the efforts to overcome cases of sexual violence against children in Gorontalo Regency. The research method used is empirical legal research using a case approach and a conceptual approach. The results of the study found that there were five factors that caused cases of sexual violence against children in Gorontalo Regency, including: the lack of family responsibility, the lack of social control from the community, the technology factor, the alcohol factor, the lack of understanding and the inculcation of norms in the order of life. . The most dominant factors according to the percentage of cases of sexual violence against children in Gorontalo Regency are the lack of parental responsibility and technology (social media) factors. Efforts to prevent and overcome cases of sexual violence against children in Gorontalo Regency are carried out with preventive efforts, namely a form of prevention before the occurrence of cases of sexual violence against children. Preventive efforts are divided into five efforts, including: applying self-awareness, active communication with family, using technology as best as possible, choosing a good environment, socialization from related parties. The other efforts are repressive efforts, one of the forms of efforts to overcome when there have been cases of sexual violence against children. Repressive efforts are carried out by providing criminal sanctions for crimes that have been committed by the perpetrators. As well as repressive efforts to victims by providing psychological assistance and legal assistance.]]>
<![CDATA[Legitimacy of Criminal Law in Lieu of Fines in Corruption ]]>
<![CDATA[Rizki Herman]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16214
<![CDATA[This study aims to analyze the criminal regulation of confinement in lieu of fines in criminal law in Indonesia, as well as to examine whether the application of imprisonment is a substitute for fines in corruption by law enforcement in Indonesia. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that law enforcement refers to the provisions of criminal confinement, which are contained in Article 10 of the Criminal Code, which then substitutes for imprisonment in Article 30 and Article 31 of the Criminal Code.]]>
<![CDATA[The Settlement of Cases of Annual Budgetary Misuse in Salongo Village, South Bolaang Mongondow Regency ]]>
<![CDATA[Fahmi Djibran]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16171
<![CDATA[This study aims to find out and analyze how the process of resolving cases of misuse of village funds in Salongo Village, Bolaang Mongondow Selatan Regency. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the regional inspectorate office of South Bolaang Mongondow Regency, and directly related parties. The results showed that the process of settling cases of misuse of village funds by village officials in salongo village tended to use the peaceful way. Where the mechanism taken is the family law route with the final administrative provision, namely a refund. It is often used by the parties concerned,As for the inhibiting factor in law enforcement against the misuse of village funds in Salongo Village, the Prosecutor's Office is less professional when receiving reports onlydirecting to be returned to the village only, in soft language telling the community to solve this problem in a family way. In addition, there is a lack of transparency, the minimal role of the community and other village officials who should be responsible for settlement efforts.]]>
<![CDATA[The Role Of Investigators In Criminal Acts Of Umrah Scam ]]>
<![CDATA[Wirnangsi Puluhulawa]]>;
<![CDATA[Mohamad Rusdiyanto Puluhulawa]]>;
<![CDATA[Novendri M. Nggilu]]>;
<![CDATA[Apripari Apripari]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16173
<![CDATA[The research objective is to find out the role of investigators in the umrah scam in Gorontalo and the factors causing the umrah scam in Gorontalo. The method used in this current research is empirical legal research. The research findings show that the Umrah scam cases in Gorontalo increase in, and they are not only committed by unlicensed travel agencies but also those who have obtained permits. There are various forms of scam, ranging from cancellation of departure, abandonment of pilgrims to promise breaking of Umrah travel service providers so that pilgrims experience disappointment. In this case, there has been an increasing number of detrimental cases against Umrah pilgrims, including in Gorontalo. In addition, the factors that cause hajj and umrah travel scam are divided into several types including: factors originating from the perpetrator, family factor, economic factor, environmental factor, cultural factor, and community factor or victims. In the meantime, the roles of police or investigators in dealing with hajj and umrah travel scam are to conduct examination of potential suspects and witnesses who corroborate a report, and conduct a review of the scene of the case after having a strong testimony from witnesses and then carry out an investigation. Also, the police’s efforts are to enlighten and do socialization from the Ministry of Religious Affairs and the people related to the office regarding the list of travel that has a permit as an Umrah Travel Organizer. ]]>
<![CDATA[Mechanism of Legal Protection Against the Eradication of The Crime of Human Trafficking ]]>
<![CDATA[Hendriyanto Butota]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16215
<![CDATA[This study aims to analyze how the protection of human trafficking is in the Law on the Eradication of the Crime of Human Trafficking, and to examine the ideal protection mechanism for human trafficking. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that legal protection for criminal acts of trafficking in persons is generally regulated in various laws and regulations in Indonesia. The legal protection policy is directed at several aspects, namely: restitution and compensation, counseling services and medical assistance, legal assistance, and information provision. Indonesia must have a regulation that can protect against problems arising from acts of human trafficking carried out between countries.]]>
<![CDATA[Increasing Awareness of Consumer Rights and Obligations in E-Commerce Transaction Activities ]]>
<![CDATA[Handriyanto Igirisa]]>;
<![CDATA[Mohamad Rusdiyanto U. Puluhulawa]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15988
<![CDATA[This study aims to determine and analyze how the role of YLKI Gorontalo Province in increasing awareness of consumer rights and obligations in e-commerce transaction activities. The method used in this research is empirical legal research with a qualitative approach. Based on the results of the study, it is shown that the role of YLKI Gorontalo Province in increasing awareness of consumer rights and obligations in e-commerce transaction activities, namely: (1) conducting information dissemination programs through social media, distributing banners or billboards, socialization or legal counseling; and (2) provide education at the time of the complaint. However, according to the author, the role of YLKI Gorontalo has not been maximal and comprehensive. . This can be see from the lack of informasion dissemination carried out by YLKI Gorontalo regarding the importance of knowledge of consumer right and obligations as stated in Article 4 and Article 5 of the UUPK, especially in conducting electronic commerce (e-commerce) as well as the lack of socialization carried out by YLKI Gorontalo, namely one times since actively running errands.]]>
<![CDATA[Traffic Accident Analysis Model In Traffic Accidents That Have No Witness ]]>
<![CDATA[Riyanto Yunus]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16211
<![CDATA[The problem of traffic accidents in the absence of witnesses is very crucial because in traffic accidents, in principle, the presence of witnesses is very important in determining the suspect and victim. Therefore, it is important to reconstruct traffic accident analysis (TAA) in every traffic accident. This is the concern of the compilers to examine how the concept of implementing Traffic Accident Analysis in traffic accidents, as well as to examine the Traffic Accident Analysis proof model in traffic accidents that do not have witnesses. The type of research in writing this proposal is normative research, which includes research on legal systematics, research on the level of legal synchronization, research on legal history, and research on comparative law. The results show that the concept of applying Traffic Accident Analysis in traffic accidents uses two main methods, namely: clinical and statistical approaches. The application of Traffic Accident Analysis is very important to do and becomes an alternative when there is no witness in a traffic accident. This is necessary to assist investigators in reconstructing accidents and determining suspects and victims]]>
<![CDATA[Measuring The Application of Corporate Social Responsibility of PT. Gorontalo MineralS ]]>
<![CDATA[Ahmad Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16489
<![CDATA[Abstract: This study aims to find out how the legal arrangements for the implementation of Corporate Social Responsibility (CSR) in mining activities and to find out how the analysis of CSR Application Analysis to Communities Around Mining. The research method used is normative juridical with a qualitative approach that is used in the hope that the desired data can be obtained by the author of a clear and complete picture. The results of this study indicate that regulations related to CSR have been regulated in several legal regulations. In government regulation number 47 of 2012 concerning social and environmental responsibility of limited liability companies, it has been explained in article 4 paragraph that says that social and environmental responsibility is carried out by the board of directors based on the company's annual work idea after obtaining an agreement from the board of commissioners or the GMS in accordance with the company's basic budget, unless stipulated otherwise in the statutory provisions«. Law No. 22 of 2001 concerning Oil and Gas. If you look at Law number 22 of 2001 regarding oil and gas, it is not explained in writing that regulates the legal rules related to CSR. However, if you read carefully, there is one provision that alludes to the rule of law. Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Scholarship assistance, buses and several other programs are one of several CSR programs that have been implemented by PT Gorontalo Minerals. Judging from the CSR assistance provided to the community, it has been shown that PT Gorontalo Minerals implements CSR programs in accordance with applicable legal provisions, although only a few CSR programs have been provided by PT Gorontalo Minerals to the community.]]>
