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[Criminological Aspects of Residivis in use Narcotics ]]>
<![CDATA[Magfirah Rahmalia Daud]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18181
<![CDATA[The purpose of this study is to find out and analyze the criminological factors behind recidivists in narcotics use in Gorontalo Province and to find out how. The type of research used is empirical research, using primary and secondary data sources. Using data clotting techniques with observation methods, interview methods, and documentation methods. Then the data is analyzed descriptively or provides an overview or exposure to the subject and object of study as the results of the research carried out. The results showed criminological factors behind recidivist use in narcotics use in Gorontalo Province when viewed from the Differentia Associationtheory, namely environmental/social factors causing a person to commit criminal acts repeatedly. The bad stigma that arises from the society of ex-convicts makes these ex-convicts feel excluded explained based on label theory, imitation theory is the result of imitation of crimes that occur in their environment, self-defense theory is health caused by weak self-defense against their poor environment as drug users, Criminoloids theory of crimes caused by lust.]]>
<![CDATA[Responsibility of the Default Debtor in the Implementation of the Credit Agreement and Settlement ]]>
<![CDATA[Susinta Yasin]]>;
<![CDATA[Wen Almoravid Dungga]]>;
<![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.v4i2.19187
<![CDATA[This article discusses the provision of credit provided by banks, one of which is at the Telaga Unit BRI bank with a building guarantee. Where at the Telaga Unit BRI bank in providing credit previously preceded by an agreement. To enter into an agreement, the borrower (customer) must have collateral. Without collateral, a customer cannot obtain a loan because collateral is one of the requirements for the customer to enter into a loan agreement. There is a close relationship between the lender and the guarantee. To guarantee repayment of credit from the debtor.]]>
<![CDATA[Aspects of Obstacles to the Implementation of Restitution for Victims of Traffic Accidents Causing Death ]]>
<![CDATA[Zulkifli S Alintiq]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18415
<![CDATA[The purpose of this research is to know and analyze about kObstacles in the implementation of restitution for victims of traffic accidents that cause death are;Legal procedures and processes are long and complicated, law enforcement is not involved in the implementation of restitution, which means that the police do not intervene in determining compensation costs, the majority of people do not know that there is compensation in the form of restitution that must be given to perpetrators outside of the criminal cases they receive and factors perpetrators who are unable to pay compensation. By him, the researcher suggests that the police play an active role in providing socialization to the community regarding the rights they receive when they become victims of traffic accidents, especially the existence of a merger of cases with claims for compensation and law enforcers should facilitate the process of submitting requests related to compensation (restitution), by accelerating settlement of criminal cases experienced by victims in the trial process.]]>
<![CDATA[Improving the Functions of the Election Supervisory Body Through Participatory Supervision ]]>
<![CDATA[Mohamad Rhava Kavriandi Musa]]>;
<![CDATA[Mohamad Rivaldi Moha]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18308
<![CDATA[This study aims to determine enhancing the function of the election supervisory body through participatory supervision. The method used in this research is empirical research methodology and uses a qualitative approach as well as descriptive and qualitative analysis techniques. The results of this study indicate that increasing participatory supervision of the functions of the election supervisory body is carried out with two kinds of programs, the first is socialization which aims to build public awareness that they have an obligation to guard their right to vote in elections by participating in supervising the stages of the election administration. While the second is the corner of supervision can be interpreted as a center for the development of science and knowledge about democracy and election supervision.]]>
<![CDATA[Investigators Obstacles in Child Molestation Cases ]]>
<![CDATA[Siti Nurhayati Nasir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16277
<![CDATA[Abstract: The purpose of this research is to identify the types of obstacles that investigators face when investigating child abuse. Empirical research approach was applied in this study. This study employs a qualitative methodology, purposive sampling, and descriptive qualitative analytic approaches. According to the findings of this study, the investigator's restrictions in processing instances of criminal acts of sexual abuse against minors are both internal and external. The internal barrier consists of people resources from investigators, the system, and the cultural side. Meanwhile, there are no witnesses to see, the victims are still minors, fees, and parents' inexperience of legal procedures. The execution of law enforcement investigations must boost confidence so that all types of hurdles to conducting investigations may be rapidly overcome. As a result, the inquiry is progressing as we all hoped. The investigation should be conducted in line with the appropriate legal procedure, particularly when dealing with cases of child abuse and updating legal knowledge for investigators, particularly those whose education is still insufficient.]]>
<![CDATA[Implementation of Criminal Liability for Companies That Do Not Fulfill Obligations to Workers in Employment BPJS Guarantee ]]>
<![CDATA[Moh. Fahrul Dawali]]>;
<![CDATA[Lisnawati W. Badu]]>;
<![CDATA[Suwitno Y. Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19459
<![CDATA[This study aims to determine and analyze the criminal liability of companies that do not fulfill their obligations to workers in the employment BPJS guarantee. The research method used is sociological juridical research, using a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that there are still many companies that neglect to provide fulfillment of workers' obligations in the Employment BPJS guarantee as stipulated in Law No. 24 of 2011 concerning the Social Security Organizing Agency (Law No. 24 of 2011), which protects workers' rights to obtain guarantees for compensation for work accidents. The establishment of the Social Security Organizing Agency (BPJS) is not a new thing in the field of employment, because social security for workers has previously been regulated in Law No. 14 of 1993 concerning Workers' Social Security or better known as Jamsostek. Law No. 40 of 2004 on the National Social Security System was enacted in 2004 with the aim of creating an integrated social security system for all Indonesians, and the social security system was institutionalized in a public legal entity.]]>
<![CDATA[Causes and Efforts to Counter a Crime ]]>
<![CDATA[Muh. Firmansyah Isa]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18273
<![CDATA[This study aims to determine the causes and countermeasures against a crime. The method used in this study, namely the research methodology used, is empirical research and uses a descriptive qualitative approach and qualitative analysis techniques. The results of this study show that the causes and efforts to overcome a crime there are several causes of the crime that occurs due to the talent of the perpetrator, the environment, the spiritual, and the economy. Crimes range from mild to the most serious forms such as severe mistreatment that cause severe injuries to their victims so that physical and non-physical problems arise. But it is also necessary to realize that, the person who committed the crime is a person like us. Crimes or criminal acts must be dealt with because they create discomfort and insecurity in people's lives, so they can do rational ways of dealing with them. Meanwhile, efforts made to tackle the crime include penal efforts and repressive efforts.]]>
<![CDATA[Untangling the Causes of Land Ownership Disputes ]]>
<![CDATA[Maryam Naway]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18183
<![CDATA[The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes. ]]>
<![CDATA[Legal Consequences of Marriage During Iddah Period Based on Compilation Islamic Law ]]>
<![CDATA[Sinta Pomahiya]]>;
<![CDATA[Nur M. Kasim]]>;
<![CDATA[Dolot Alhasni Bakung]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18848
<![CDATA[Abstract: This journal discusses marriage during the Iddah period. In Article 2 of the Compilation of Islamic Law, it is stated that marriage according to Islamic law is marriage, which is a very strong mistaken gholiidhan contract to obey Allah's commands. However, not all Islamic teachings can be implemented properly. This is evidenced by the existence of couples who do not care about iddah issues. Carrying out iddah for women is considered a form of worship. The type of research used types of sociological research, which aims-describes the implementation of marriage during the Iddah period and the legal consequences of marriage during the Iddah period. The results of the study’s three main points can be concluded. First, the implementation of marriage during the iddah period is the same as marriage in general, it's just that the marriage is carried out during the iddah period so the marriage is invalid. Second, because the marriage law during the iddah period will arise, the husband and wife will not get a marriage certificate, and when the marriage takes place there will be hereditary problems. Keywords: Marriage; Iddah; Islamic Law Compilation]]>
<![CDATA[Copyright Protection Against the Act of Covering Songs on Youtube Channels in the Regulation of Intellectual Property Rights in Indonesia ]]>
<![CDATA[Moh. Fadlan Wahidji]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19596
<![CDATA[This study aims to determine and describe the form of copyright protection against the act of covering songs on YouTube channels in the regulation of intellectual property rights in Indonesia. The research method used is normative juridical by examining through literature studies. The results of the research based on Article 5 and Article 9 of Law Number 28 of 2014 concerning Copyright, the creator gets legal protection related to songs uploaded by other parties through Youtube which applies anywhere regardless of the media used to announce a song. In addition, songwriters get legal protection from Youtube, namely Youtube will delete videos that violate copyright, but this is only implemented by Youtube if it has received notification of copyright infringement. The legal consequences for Youtube that continues to broadcast songs uploaded without the creator's permission is the closure of the Youtube site as a whole.]]>
