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[International Legal Regulations Concerning Launching of Russian Anti-Satellite Weapon Missiles Reviewed in Space Law Perspective ]]>
<![CDATA[Mohammad Rifki Daud]]>;
<![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.v4i2.15943
<![CDATA[The development of weapons technology is currently very advanced and competitive, one of which is the Anti-Satellite weapon (ASAT) technology. ASAT has become a real threat to the sustainability of the space environment, this is because ASAT has the potential to damage international peace and security, trigger an arms race, and increase the amount of space debris orbiting the earth. The absence of regulations that specifically regulate ASAT makes countries feel free to conduct anti-satellite missile test launches. For example, in 2021 Russia conducted an ASAT test targeting the Cosmos-1408 satellite. Using normative juridical research and research approaches with statute approach, case approach, and analytical approach, the author wants to study and analyze international legal arrangements regarding the launch of Anti-Satellite Weapon (ASAT) missiles and the legal consequences against Russia as the country that launches Anti-Satellite Weapon (ASAT) missiles. Based on the results of the study, the researchers found that there were no regulations specifically limiting ASAT, but the regulation in question should have been contained in the Outer Space Treaty 1967 as the basis for regulating all activities related to space, then further legal consequences against Russia for launching anti-missile missiles. -satellite, namely Russia is obliged to be responsible in terms of responsibility and liability in terms of liability and is strengthened by the principle of liability based on fault as stated in the Liability Convention 1972.]]>
<![CDATA[Legal Analysis for the Child Those Born Outside the Registry ]]>
<![CDATA[Nur Fadhilah Rahmattika]]>;
<![CDATA[Nur Moahamad Kasim]]>;
<![CDATA[Julisa Aprilia Kaluku]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16219
<![CDATA[This research was carried out at the Suwawa Religious Court Office as well as places related to the author's discussion. This study aims to determine the factors that cause the occurrence of a right for a child born from an unregistered marriage. Primary data and secondary data were collected and analyzed based on a descriptive qualitative problem formulation. Already pregnant out of wedlock, 2) Not getting permission for polygamy, 3) lack of attention or knowledge of the importance of having a legal marriage in the eyes of the law.]]>
<![CDATA[Cockfighting Gambling Criminal Acts Commitment ]]>
<![CDATA[Maya Lasena]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Fence M. Wantu]]>;
<![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.v4i2.16039
<![CDATA[This study aims to determinea form of tackling the crime of cockfighting gambling.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 thata form of countermeasure carried out to tackle the crime of cockfighting gambling by means of preventive and repressive measures. In the preventive action stage, basically, stakeholders try to take precautions before the crime occurs. However, the most important role in preventing the occurrence of a crime is the supervision of the local community who then cooperates with law enforcement so that the crime of cockfighting gambling is easily detected.The countermeasures carried out by the authorities should be carried out with good coordination and cooperation, so as to make countermeasures that are right on target.]]>
<![CDATA[The Role of Supervisory Agency in the Circulation of Cosmetics With Fake Distribution Permission ]]>
<![CDATA[Siti Khodijah]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Nurvazria Achir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15941
<![CDATA[This study aims to determine the role of the Food and Drug Supervisory Agency which (will be referred to 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 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 several programs are run to deceive consumers. get the right. In addition, it continues to protect 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[Barriers to the Implementation of Electronic Tickets ]]>
<![CDATA[Mohamad Duengo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15986
<![CDATA[Abstract:This study aims to determineforms of obstacles in the implementation of electronic ticketing. 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 showthat the obstacles in the implementation of the electronic ticket are several things that can affect the ticket not going as expected, including the lack of socialization where this will provide understanding to the public, especially for those road users to be obedient to traffic rules and be aware of function of the electronic ticket applied by law enforcement road traffic department. Furthermore, the second obstacle is that the vehicle plate does not match the owner, meaning that for example a vehicle has changed hands or for example the first party has sold its vehicle to a second party, so that once the second party violates traffic, the electronic ticket will only be sent to the first owner this is because the vehicle that has been purchased has not been reversed by the second party, so this can hinder the passage of the electronic ticket. While the third obstacle in electronic ticketing is the existence of motorbike rentals, where when the motorbike borrower commits a violation, the ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets.]]>
<![CDATA[Analysis Of The Role Of The Office Of Religious Affairs In Managing The Case Of Siri Marriage Couples ]]>
<![CDATA[Debi Sintia Dali]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16252
<![CDATA[The purpose of this study is to find out and analyze how the role of the religious affairs office in dealing with Siri marriages in the North City District. The method used in this research is an interviews, observation, and documentation. This type of research is descriptive and qualitative. The qualitative descriptive analysis approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object or field. The types of data used in this study are primary and secondary data. The results of the study indicate that the role of the religious affairs office in tackling Siri marriages in the District of North City includes providing counseling on marriage registration and happy families to prospective brides and guardians, conducting socialization about the impact of unregistered marriages, and also the importance of registering marriages carried out in every time he fills an event, either a recitation or an event that involves the head of the religious affairs office. Factors that hinder the religious affairs office in dealing with unregistered marriages in the North City sub-district include Lack of competent human resources, low awareness of the law in society, and inadequate facilities and infrastructure.]]>
<![CDATA[Fulfillment Of Assimilation Rights And Integration Rights To Corporate Students ]]>
<![CDATA[Susan Bau]]>;
<![CDATA[Zamroni Abdussamad]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16040
<![CDATA[This study aims to determine the fulfillment of assimilation rights and integration rights to correctional students. The type of research method used in this study is empirical research with sampling using purposive sampling. This study also uses a qualitative approach and descriptive analysis techniques. The results of this study indicate thatIn the implementation of the fulfillment of the right of assimilation and the right of integration to correctional students, there are several obstacles, as for these obstacles, namely there is no guarantor of the correctional students, has register f records, Community Environment, excess capacity, minimal quality of officers and less bureaucratic processes. effective. The government carries out alternative non-prison punishments that can be carried out such as supervision and community service which is seen as more efficient than prison law because in achieving the goal of fostering or rehabilitating correctional students before finally being able to be free and return to life in the community and for the community.The community is expected to participate actively in the implementation of community programs, so that correctional students feel they can be accepted again in the community.]]>
<![CDATA[Legal Protection for Children as Victims of the Crime of Sexual Intercourse ]]>
<![CDATA[Firda Salam]]>;
<![CDATA[Lisnawati W. Badu]]>;
<![CDATA[Jufryanto Puluhulawa]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16041
<![CDATA[This study aims to determinelegal protection for children as victims of the crime of sexual intercourse.The method used in this research is empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive qualitative analysis techniques. The results of this study indicate thatLegal protection for child victims of the crime of sexual intercourse is given with the aim of protecting victims, especially victims of sexual intercourse in order to get their rights as victims by way of children getting health services as an effort to restore the condition of children as victims of sexual intercourse, children also get legal protection in terms of legal aid, rehabilitation, and prevention. The need for a fair criminal law settlement for victims of sexual intercourse, which adds or considers the rights of victims of sexual intercourse and parents should participate in efforts to provide protection for children by fulfilling children's rights, protecting the best interests of children, and increasing supervision over children. environment and children's play area. ]]>
<![CDATA[Torture of Suspects in The Investigation Process ]]>
<![CDATA[Rifaldi W. Hasim]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16212
<![CDATA[Abstract: This study aims to analyze the juridical review of acts of violence committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police, as well as to examine the factors that led to violent acts committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police. This type of research is juridical empirical. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and; the Case approach (case approach). The results of the study indicate that the use of violence in the investigation process is prohibited because the suspect still has rights attached to him and guaranteed by the state through Law Number 8 of 1981 concerning the Criminal Procedure Code (Book of the Criminal Procedure Code). The use of violence in the investigation process is caused by the ignorance of the suspect/defendant regarding the law and the rights that are still attached to it.]]>
<![CDATA[Analysis Of Judge's Decision Against Substitute Charities In Religious Courts Consider From Islamic Law Commission ]]>
<![CDATA[Rikson Adam]]>;
<![CDATA[Erman Rahim]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16000
<![CDATA[The purpose of this study is to analyze the judge's decision in case number: 132/Pdt.P/2019/PA.Gtloviewed from the Compilation of Islamic Law This research uses a normative-empirical legal research type, where an analysis of the written law is carried out with factual events in the field. In this study, the data sources used are primary data consisting of the results of interviews and field observations, the Civil Code, ILC, and judges' decisions related to the issues being discussed; and secondary data (supporting) scientific works, and other sources related to the problems discussed.The results of the study show that first, the substitute heirs proposed by the applicants in case no. 132/Pdt.P/2019/PA.Gtlo from the late. Zubaida Datau may become a substitute heir based on the provisions formulated in the Compilation of Islamic Law (ILC), provided that the plot of land is the property of the late. Saini Datau. However, if the plot of land is the property of the Almh. Kamaria Datau, then the substitute heir proposed by the applicant, must be declared not accepted by the panel of judges at the Gorontalo PA because he is prevented from becoming an heir based on the ILC formulation. Legal considerations of the panel of judges examining case No. 132/Pdt.P/2019/PA.Gtlo, where the case is declared unacceptable, is that it is unclear/fuzzy, no longer voluntary, but a contentious case, because it contains a dispute between the heirs of the deceased's heirs. Kamaria Datau, and the late. Zubaida Datau.]]>
