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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The urgency of Mandatory Provision of Covid-19 Vaccination Public Services
Juwita Rizkiyawati Abdullah
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18186
The purpose of this study is to find out and analyze the covid-19 vaccination against the provision of public services in Talaga Jaya District and the urgency of providing covid-19 vaccination requirements for the provision of public services by the Talaga Jaya District government This type of research is qualitative field research and uses random sampling. The population in the study is the people who have carried out the covid-19 vaccination. Data collection was carried out with interviews, literature studies, and documentation. The results showed that in the process of implementing the COVID-19 vaccination, there were problems. Therefore, to reach the implementation of the COVID-19 vaccination evenly, the sub-district government and village government carry out mass and door-to-door vaccinations. In the implementation of the covid-19 vaccination, it has been regulated in presidential regulation number 14 of 2021 where people who refuse the vaccine will be subject to sanctions. The policy raises polemics because vaccinations are supposed to be voluntary because they relate to the individual freedom of citizens
Restorative Justice Alternative Criminal Case Settlement In Indonesia
Ridho Mamonto
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.16318
This study aims to analyze the concept of resolving criminal acts in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, as well as to examine aspects of legal certainty in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The type of research in writing this proposal is normative research, namely research that examines the study of documents such as legislation, court decisions, and legal theory. The approaches used by researchers in compiling this research are, among others: the Invitation Approach (Statue Approach). The results showed that in the Prosecutor's Regulation No. 15 of 2020, criminal cases can be closed by law and prosecuted based on Restorative Justice, except for recidivists. Prosecutor's Regulation No. 15 of 2020 lies in the guidelines that have been created and determined and are limited by requirements in their implementation.
Revealing the Cause of Selling Protected Animals in Gorontalo in View from a Criminological Perspective
Fadlan Iswahyudi Tobuhu
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18129
Abstract: The purpose of the study is to find out and analyze through a Criminology review what factors cause the occurrence of the Crime of Selling Protected Wildlife in Gorontalo. The type of research used is Empirical research and uses Qualitative analysis techniques. The results of this study show that the sale of protected wildlife in Gorontalo is caused by several factors including, economic factors, environmental factors, and educational factors. Upaya prevention carried out so that the community is not involved in buying and selling protected wildlife includes, Preventive Efforts made employing Obstruction on transportation routes, and conducting forest patrols, the community is required to report if they see a criminal act of buying and selling wildlife, and conducting education. Repressive efforts, the enforcement efforts carried out by Gakkum himself are to hand over the perpetrators to the Police.
Legal Protection for Consumers for Damage to Goods by Sea
Delsfie Adelia Rauf
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18666
Abstract: This study aims to determine Legal Protection for Consumers for Damage to Goods by Sea. The method used in this study is empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study indicate that legal protection for consumers for damage to goods by sea, there are several things, namely the protection provided by the expedition in the form of responsibility for losses suffered by the consumer. This responsibility is in the form of providing compensation for damaged goods while being transported by our expedition, in this case, PT MAE Cargo Gorontalo. In addition, there are forms of legal protection provided by consumer protection regulations, including those contained in Article 7 letter f of the consumer protection law by imposing business actors to provide compensation and compensation for goods received by consumers in a damaged condition.
Responsibilities of Land Deed Officials In Disputes of Making Deeds of Sale and Purchase of Inherited Land
Srynovia Wati Amu;
Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.16229
The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchase of landShared Property Rights (Boedel) Those Who Are Still Disputingwill not continue in making the deed of sale and purchase when one of them still objected or is still in dispute because it is already contained in the laws and regulations but in other studies will still accept the disputed on the condition that mediation must be carried out so that the problem can be solved and PPAT's efforts in completing the deed of sale and purchase of land common property rights, namely by conducting deliberation.
Legal Consequences of Betel Marriage Settlement During the Covid-19 Pandemic
Nadia Dhea Safira Dama;
Amanda Adelina Harun
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18229
This study aims to determine the legal consequences of betel marriage settlement during the Covid-19 pandemic. The type of research used is sociological juridical and this study uses a descriptive research approach and qualitative data analysis techniques. The results of this study show that the legal consequences of an unrecorded marriage can cause the marriage to be invalid in the eyes of positive Indonesian law, but according to religion and public belief that the marriage is valid as long as it meets the conditions and legal pillars of a marriage itself. As for the settlement, there are two things, namely the application for a marriage and remarriage hearing. However, the bad factor is that if the marriage partner has obtained a child, then in civil law the child does not have a nasab with the father but only has a nasab with a mother and her family.
Empire Juridic Analysis in Coconut Plantation Land Dispute Case
Nuriyanti Santili
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.16256
The purpose of this study was to find out how the empirical juridical analysis of coconut plantation disputes in botutonuo village. This study uses a type of empirical juridical research, which places facts in the field as the main data in the study. Sources of data used are primary data as the main data (the results of observations, field interviews, and documentation), and secondary data such as books, laws, regulations, and scientific works. While the population and samples used are the Botutonuo Village Office, the parties involved, the community, and the Botutonuo Village government. The results show that the empirical juridical analysis of coconut plantation disputes in botutonuo village is that the judge in deciding this dispute was correct based on the facts revealed in court by deciding that the defendants were found guilty of controlling the object of the dispute unilaterally and had sold it to someone else and the cause of the dispute. Coconut plantations in botutonuo village are caused by the pattern of responding to inheritance law regulations and secondly supporting factors such as the greed of the disputing parties, not distributing the inheritance immediately, and the lack of good faith.
Analysis of Lack of Basis for Judge Considerations in Cases of Abortion by Teenagers
LM Ady Saputra
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18339
The purpose of this writing is to analyze what the judges consider about the crime of abortion (Decision Study Number: 90/Pid.Sus/2021/PN/Gto). The writing method used is Normative writing, using 2 approaches namely; law (statute approach) and a case approach (case approach). The results of this writing show; In decision Number: 90/Pid.Sus/2021/PN/Gto. Judges are not based on strong juridical considerations by applying the principle of lex specialist derogate legi general and the principle of lex posterior derogate legi priori,
Legal Implications of Differences in Goods Price Labels in Shop Cashier Showcases for Entrepreneurs
Suci Laboro;
Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18462
The purpose of this research is to know and analyze about iThe legal implication is that there is a difference in the price tag of goods on the window display and the shop cashier for entrepreneurs, which has implications for the provisions of the Consumer Protection Act and Permendag No. 35 of 2013 which can result in criminal sanctions and administrative sanctions as well as payment based on the lowest price tag. Based on the aspect of responsibility as a business actor, namely public accountability and private responsibility, it has implications for law enforcement (criminal sanctions and administrative sanctions). The problem of price differences in shop windows and during the payment process at the cashier also has implications for the course of the buying and selling process in social life, among other things, has implications for price uncertainty, injustice for consumers, and has implications for benefits that only benefit business actors...
Causing Factors Crimes Against the Circulation of Counterfeit Money
Rahmat M Kau
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/eslaj.v4i2.18254
This study aims to determine the factors causing crimes against the circulation of counterfeit money. The method used in this study is an empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study show that the factors causing crimes against the circulation of counterfeit money include economic factors, self-benefit factors, low education factors and factors of opportunities to commit crimes, environmental factors, and technological factors. In preventing the crime of circulating counterfeit banknotes in the city of Gorontalo, in this case, the police must strictly enforce and play an active role if they receive complaints from the community. The police must be able to take precautions before the perpetrators or individuals who play the opportunity circulate counterfeit money.