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[Review of Compilation of Islamic Law Against Interfaith Marriage Prohibition results in the registration of marriages ]]>
<![CDATA[Nur Fika Palilati]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19012
<![CDATA[This research aims to review the compilation of Islamic law on the prohibition of interfaith marriages, which will result in marriage registration. The research method is judicial sociological research, which employs a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that the prohibition on interfaith marriages does result in the registration of marriages, with Muslims registering marriages through the office of religious affairs. Interfaith marriages are prohibited in the rules of the Compilation of Islamic Law, one of which is explained in Article 40 KHI. Wherever it is mentioned in the article, women and men are prohibited from marrying women and men of other religions. The KUA can register Muslim marriages, while the Civil Registry Office can only register marriages for people who are married to a religion other than Islam. This means that a marriage can only be registered at the Population Service, or KUA, if it has been legalized by law or a recognized religion.]]>
<![CDATA[Divorce Pandemic Rate During the Covid-19 ]]>
<![CDATA[Isra Patamani]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18270
<![CDATA[The purpose of this writing is to find out the reasons for the decline of divorce during the COVID-19 pandemic and find out what efforts will be made to overcome divorce cases during the COVID-19 pandemic in the Gorontalo religious courts. qualitative with an empirical approach. The analysis technique uses a quality technique, namely data in the form of words obtained from the interview, and other documents. The result of the author is that religious courts carry out the same regulations as in courts of other regions, using mediators, access reduced by the government, the intensity of meetings between husband and wife, and the process of registration of divorce trials is completely changed with the IT system. Other efforts that can be done to minimize divorce during the Covid-19 pandemic that may be considered quite difficult, such as understanding each other, talking about wise solutions in an unemotional way, and respecting opinions that differ from other family members so as not to cause misunderstandings. And the efforts made by the Gorontalo religious court are socialization and mediation]]>
<![CDATA[Dualism Criminalization Of Homosexual Action ]]>
<![CDATA[Mohammad Rifky Yunus]]>;
<![CDATA[Dian Ekawaty Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18369
<![CDATA[This study discusses the Criminalization of Homosexual acts. This research uses normative legal research. It is legal research that places law as a building system' of norma. The system' of Norm build include principals, norms, rules of law, court decision, agreements, doctrins (teachings). The author finda the conclution on this study that the legal vacuum regarding the regulation of same-sex sexual relations is something that we must pay attention to because the absence of law Governing this matter is a matter that is very urgent for the government to review and must make arrangements as soon as possible. Detailed and clear so that it is precise and easy to implement by law enforcement officials.]]>
<![CDATA[Juridical Review Of Working Agreements On The Safety Of Ship Crew ]]>
<![CDATA[Dilfa Nurfadila Lahibu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19159
<![CDATA[The purpose of writing is to describe the legal relationship between sea work agreements and work agreements based on the Labor Law in Indonesia and to describe the effectiveness of the implementation of sea work agreements on the work safety of crew members. This type of research uses an approach focused on normative legal research with a legal concept related to analysis and construction carried out with specific methods. In general, in an agreement, there is an object where the parties agree to enter into law to carry out the work. For this reason, the rights and obligations of the crew in the PT AWB work agreement have been implemented. They are guided by statutory regulations, including employers' ]]>
<![CDATA[Law Enforcement Against Political Crimes in Elections ]]>
<![CDATA[Nur Fadhliyah Putri Daud]]>;
<![CDATA[Zamroni Abdussama]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18257
<![CDATA[: This study aims to determine law enforcement against political crimes in elections. The method used in this study is research methodology The type of research used is sociological juridical and this study uses a descriptive research approach and quality data analysis techniques. The results of this study show that law enforcement against political crimes within the scope of the 2019 legislative elections in Boalemo Regency has not been carried out optimally. Where from the series of cases that have been described in the discussion which amounts to 7 cases, what can be solved by Bawaslu is only 2 cases. So that it can provide an understanding that law enforcement against election violations by Bawaslu is still not implemented properly, even though there are already regulations that regulate it. Supervision of political money should be Bawaslu increased Supervision in the form of participatory supervision.]]>
<![CDATA[Effectiveness of Article 53 On Marrying Pregnant Women In Compilation Of Islamic Law ]]>
<![CDATA[Srirahma Srirahma]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18362
<![CDATA[The purpose of this writing is to find out how effective Article 53 of the Compilation of Islamic Law is for pregnant women married to men who do not impregnate them in the case study of Tojo Una-Una Regency. The method used in this writing is by way of observation, interviews, and documentation. This type of writing is sociological juridical writing. Approach to an empirical sociological juridical analysis by going directly to the object or field. The type of data used is primary legal material and secondary legal material. The results of the writing show that article 53 of the Compilation of Islamic Law against pregnant women marrying men who do not impregnate them is not yet effective. The causal factors include internal factors and factors external. The legal consequences that arise are that it has an impact on the child to be born because it can question how the position, rights, maintenance, and when the birth is a girl, what about the guardian, as well as inheritance problems]]>
<![CDATA[Legal Protection for Consumers' Personal Data in Online Shopping ]]>
<![CDATA[Mawarni Karim]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Jufryanto Puluhulawa]]>;
<![CDATA[Vifi Swarianata]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19244
<![CDATA[In the current technological era, developments occur in all aspects of life including trading activities, namely online shopping. Online shopping began to grow and develop into a habit for the community. Mothers' shopping habits are increasingly turning to buying and selling online for more practical reasons. For modern society, especially in Indonesia, online shopping, online shopping applications, and social media have various kinds of goods or services that they want or need. the purpose of conducting this research is to analyze the legal protection of the personal data of consumers who shop online. The research used in this paper is Juridical Sociological research and uses a descriptive qualitative research approach and uses interactive analysis techniques]]>
<![CDATA[Criminal Sanctions for Persecution Resulting in Serious Injury ]]>
<![CDATA[Fandaria Putri Yasin]]>;
<![CDATA[Fence M. Wantu]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18185
<![CDATA[This study aims to find out and analyze how to prove the verdict of a criminal offense that results in serious injury based on the title raised in this authorship. An author is a type of writer an Emperis law or a field writer. With a Case approach. The process of collecting data from regulations and other references related to the problem being studied. The results of this author show that the proof of the Determination of the criminal act of assault resulting in serious injury is said to be incorrect but if we refer to the court decision of the defendant/convicted person is proven to have committed a criminal act of assault resulting in serious injury, but is only sentenced to imprisonment for six (6) months. The judge’s role in determining the criminal act of assault resulting in serious injury is influenced by two counts, namely the judge's estimate that lawfully and convincingly committed the crime of persecution and the legal act used in the indictment article is more than Article 351 Paragraph 2 of the Criminal Code of persecution resulting in serious injury.]]>
<![CDATA[Circulation of Drugs Without a Permit Seen from the Side of Law Enforcement ]]>
<![CDATA[David Lintangadi]]>;
<![CDATA[Nuvazria Achir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18355
<![CDATA[This study aims to determine the circulation of drugs without a permit seen from the side of law enforcement. The method used in this research is the research methodology used is empirical research and uses a qualitative descriptive approach and qualitative analysis techniques. The results of this study indicate that law enforcement carried out by the Food and Drug Supervisory Agency includes two things, namely law enforcement before a case occurs and law enforcement after a case occurs. Law enforcement before a case occurs is usually carried out to provide socialization in the community and schools regarding awareness of the legal dangers of drug distribution without BPOM permission. While law enforcement after a case has occurred, the authorities usually take repressive action where the action takes the form of a legal process by applicable regulations.]]>
<![CDATA[Verbal Sexual Harassment Victim (Catcalling) Legal Protection in Human Rights Perspective in Indonesia ]]>
<![CDATA[Indah Intania Daud]]>;
<![CDATA[Moh. R. U. Puluhulawa]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16245
<![CDATA[Sexual harassment provides a feeling of insecurity and comfort to the victim, even at a more severe level, the victim can experience trauma. The very broad scope of sexual harassment shows how complex the problem is. So widespread, verbal sexual harassment (indecent comments, sexually suggestive jokes and so on) or what is known as catcalling is an interesting issue to study. This is because verbal sexual harassment or catcalling often occurs in the community but is considered normal by the community, even though catcalling can create feelings of insecurity, comfort and even fear for the victim. The type of legal research in this research is normative legal research, which is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The approach used in this research is a statutory approach, namely research on legal products. In this study the authors found that legal protection for victims of catcalling is still inadequate, judging from the lack of accommodation of repressive legal protection, this is because there are no specific rules governing the act of catcalling.]]>
