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[Sanctions for Criminal Trafficking in Persons ]]>
<![CDATA[Febriyana Febiola Onggi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18277
<![CDATA[The purpose of this research is to know and analyze aboutsanctions for the perpetrators of the Crime of Trafficking in Persons at the Manado District Court. This type of research is normative research. The results of this study include prostitution, physical, sexual exploitation, utilizing one's energy and or abilities by parties who have control to gain benefits both materially and immaterially. In this case the defendant for committing the crime of trafficking in persons was found guilty, even though there was evidence that from the facts revealed in court the idea of sexual exploitation of the victim actually came from the victim herself who wanted to exploit herself. The actions of the defendant who could be blamed for allowing did not prevent the victim from doing this and the defendant complied with the victim's instructions to chat with the michat application on the victim's cellphone by showing the victim's potential customers. This means that the defendant took part in the sexual exploitation of the victim who is still a child.]]>
<![CDATA[Seeing Domestic Violence in Gorontalo from the Point of View of Criminology ]]>
<![CDATA[Ardi Rauf]]>;
<![CDATA[Vifi Swarianata]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18142
<![CDATA[The purpose of this study is to find out the factors that cause the emergence of domestic violence crimes in the Gorontalo porles hokum area and to find out the efforts of the police to minimize cases of domestic violence crimes in the jurisdiction of the Gorontalo police. The method used in the study is empirical research with qualitative data. Approach techniques carried out in this data collection include Literature Studies, Interviews, and Questionnaires. The results showed that the causal factors behind someone committing violence in the jurisdiction of the Gorontalo police, among them were infidelity, economic factors, patriarchal culture, drunkenness, and playing gambling. The role of polri in dealing with domestic violence is, among others: Preventively, polri is more inclined to mediate. And Repressively: The role of the National Police is repressive on its own by carrying out actions, including Investigation, investigation, and Protection. An update on this research is that the author relates the theory of Criminology and the theory of punishment in this topic of discussion.]]>
<![CDATA[Strengthening Bumdes Governance as A Village Economic Growth Milletle ]]>
<![CDATA[Rahman Towadi]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16319
<![CDATA[This study aims to analyze the management of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency, and to find out the constraints of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency. this type of research is a type of empirical juridical research. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and the case approach (case approach). In this case, the data collection that will be used in this study includes several steps, namely through observation, interviews, and documentation. The results of the study indicate that the management of BUMDes in strengthening economic business in the Teratai village has been running effectively, as seen from the several business units that have been run which have been able to increase the economy and village income. There are several obstacles faced in the management of BUMDes, namely human resources and inadequate facilities and infrastructure.]]>
<![CDATA[Differences In the Imposition of Corruption Criminal Sanctions ]]>
<![CDATA[Siti Hardiyanti Abas]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18348
<![CDATA[The purpose of this study was to find out whether or not the District Court's decision in decision No. 18/Pid.Sus-TPK/2020/Pn Gto and No. 09/Pid.Sus-TPK/2021/Pn Gto and the factors behind the differences in the imposition of sanctions in the two cases. The research method is normative research. Research resultverdict no. 18/Pid.Sus-TPK/2020/Pn Gto the three pieces of evidence which were one of the judge's considerations in imposing a sentence on the defendant. The fact of the trial was that the defendant had been legally proven to have committed a crime that was detrimental to the state so through the two conditions for imposing a sentence, the judge's conviction was built that the defendant was the perpetrator so that the decision was appropriate as a criminal responsibility committed by the defendant. Verdict No. 09/Pid.Sus-TPK/2021/Pn Gto because no evidence was found in the form of letters and witness statements which could prove that the defendant had committed a crime. The fact of the trial formed the judge's belief that the defendant was not proven to have committed a crime and the defendant must be acquitted of all lawsuits.]]>
<![CDATA[Black Stone Mining (Effort to Control Environmental Damage) ]]>
<![CDATA[Zulkifli H. Demanto Demanto]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18291
<![CDATA[This study discusses black stone mining in Bone Bolango Regency, Gorontalo Province. The type of research used in this research is sociological or empirical legal research. This research uses a normative legal science approach (laws and regulations). The author finds that the legal consequences arising from the illegal mining of black stone in Bone Bolango Regency is a criminal act in the mining sector prohibited by regulations, and the authors find that the role of the District Government. Bone Bolango in preventing environmental damage due to black stone mining activities consists of 3 things, namely; 1). Reclamation; 2). Periodic checking and monitoring; 3). Providing education to the community. Based on the explanation in the discussion and conclusions that the authors have described above, the authors have recommendations for suggestions to the government as follows; 1). Local governments must actively participate in protecting the environment in cases of damage caused by illegal mining activities; 2). The government must formulate appropriate regulations to protect the rights and interests of all parties.]]>
<![CDATA[The Disparity in Judge's Decisions in Forced Defense Cases ]]>
<![CDATA[Nur Amalia Katili]]>;
<![CDATA[Dian Ekawaty Ismail]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18327
<![CDATA[This study aims to analyze the chronology of cases of forced defense decisions. Normative research methods using statutory research approaches and case approaches and analytical techniques used to process legal materials are legal hermeneutics. The results of this study indicate that the decisions 794/Pid.B/2014/PN.Llg and No.257/Pid.B/2015/PN.Sky has fulfilled the elements of the noodweer requirement, namely that defense is coercive, what is being defended is oneself ), there was a very imminent threat of an imminent attack at that time, and that attack was against the law. has also fulfilled the element of the principle of subsidiarity which is the benchmark for forced defense. The disparity of decision No. 794/Pid.B/2014/PN.Log and the decision No. 257/Pid.B/2015/PN.]]>
<![CDATA[Debatable of Indonesian Citizens' Rights and Obligations Regarding the Covid-19 Vaccination Policy ]]>
<![CDATA[Faizal Saman]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18179
<![CDATA[The purpose of this study is to examine the rights and obligations of Indonesian citizens regarding vaccination. This research uses a type of normative legal research with a statute approach. Collect data by grouping and reviewing regulations, library materials, books, and other sources related to problems in this study. The results showed that polemics that led to pros and cons related to vaccination were caused by several factors such as vaccines being new, the safety of vaccines that cannot be passed, and the sanctions imposed on those who refuse vaccines. The pro-life community considers vaccination to be an obligation and the contras think that the imposition of vaccination is in line with the right to health. There are several variables for the reason for the vaccination policy to be implemented, namely the state in a state of emergency, namely in a pandemic crisis, and subsequently related to the human obligation to respect the human rights of others (the right to the health of others). Thus, the problem of legal certainty from the implementation of vaccination is an obligation of Indonesian citizens.]]>
<![CDATA[Settlement of Estate Disputes in Review From a Legal Anthropological Perspective ]]>
<![CDATA[Alim Tombili]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18248
<![CDATA[This study aims to find out how the settlement pattern is used in the division of inheritance property in North Tamaila village and what factors are obstacles at the time of the division of inheritance property. Emperis type of research with a Case approach. result research shows the pattern of dispute resolution through several stages, the first stage which is known as "Mopotihuloo Ahali Lo Wutato"(deliberation between family and heirs) is the first stage of conducting deliberations internally family between the extended family of the parties to the dispute but did not find the result of the agreement, the second stage is carried out, namely mediation, The inhibiting factor in the settlement of inheritance disputes consists of two factors, internal and external factors internal factors include low education, economy, and low religious understanding. Meanwhile, external factors factor in the lack of socialization from the government and counseling by traditional figures related to the system of distribution of inheritance both in the perspective of goGorontaloustomary law, civil law, and Islamic law.]]>
<![CDATA[Eradication of Criminal Acts of Obscenity by Children ]]>
<![CDATA[Risdayun Limbong]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18461
<![CDATA[The purpose of this research is to know and analyze abouthow to eradicate it is an issue that is constantly being debated, one of which is the criminal act of obscenity by children. Sexual crimes committed by children often occur, especially in the jurisdiction of the Boalemo Police, and the factors that cause acts of obscenity committed by minors in the Legal Area of Boalemo Regency are caused by internal (family and gender) and external factors. (environment, internet and liquor as well as low education and economy). Efforts to deal with sexual abuse in the jurisdiction of the Boalemo Police are preventive, repressive, curative, delinquent from a criminological perspective and pre-emtief. ]]>
<![CDATA[Illegal Investment Crimes in the Perspective of Anomie Theory ]]>
<![CDATA[Ananda Putri S. Maksum]]>;
<![CDATA[Weny Almoravid Dungga]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18328
<![CDATA[This study aims to analyze criminological reviews based on the theory of anomie criminal acts of fraud (Illegal Investment) and law enforcement of criminal acts of fraud in the Gorontalo Regional Police. This study uses the Normative - Empirical method. By using primary data and secondary data, data collection techniques through interviews, observation, and literature studies. The results of this study indicate the causes of people becoming perpetrators of illegal investment fraud, namely wanting to enrich themselves, and taking advantage of opportunities for the lack of public knowledge about the mechanisms and ways of working investment products and the general public. Factors that lead to criminal acts of illegal investment: Economic, environmental, and social factors Investing in Indonesia is regulated in Law no. 25 of 2007 concerning Investment. Law enforcement by the Gorontalo Regional Police general criminal investigation cyber investigation process through complaints of victims of illegal investments. To obtain the identity of the perpetrator, and the role of the perpetrator in the implementation of investment fraud crimped es, an investigation process is carried out up to the final stage of the legal process.]]>
