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Estudiante Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 2987114X     DOI : 10.33756
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Search results for , issue "VOL. 5 NO. 1 FEBRUARY 2023" : 20 Documents clear
Analysis of the Legal Power of SKPT in Land Sale and Purchase Transactions in Paleleh District, Buol Regency Moh. Yoenardi M. Basiman; Nirwan Junus; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.43 KB) | DOI: 10.33756/eslaj.v5i1.19802

Abstract

The purpose of this research is to find out the legal force of SKPT in land sale and purchase transactions in Paleleh District, Buol Regency. The research method used is empirical research, namely the author will seek and find information which will later be used as the substance of this research by means of observation or conducting field studies in the place that is used as the object of this research. this research is carried out in a planned and systematic manner to obtain answers to problem solving related to the problems that occur, especially regarding the existence of buying and selling transactions using Land Tenure Certificate (SKPT) in Paleleh District. The results of this research on the legal force of land ownership certificates in sale and purchase transactions in Paleleh Subdistrict, where many people in Paleleh Subdistrict conduct land sale and purchase transactions using only a Land Ownership Certificate.  This is due to the habits of people in rural areas who do not want to be complicated in thinking about the legal aspects of land sale and purchase transactions, for them it is enough just to provide receipts as proof that payment has been made.
Analysis of Determination of Sanctions Against Narcotics Abusers Who Experience Mental Disorders (Study of Denpasar District Court Decisions) Mohammad syahrir DJ.Pano; Fenty U. Puluhulawa; Avelia Rahmah Y. Mantali
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.059 KB) | DOI: 10.33756/eslaj.v5i1.19844

Abstract

Research findings show that the proportion of drug users who suffer from mental disorders is still very high compared to that of drug users who do not suffer from mental disorders. The reason is that the use of drugs can cause addiction, which means that users will continue to do so that which affects the central nervous system and results in mental disorders in drug users, for example in two cases in the Denpasar District Court with cases of narcotics abuse where the defendant had bipolar disorder. This study concludes that the judge's consideration includes the reasons for bipolar mental disorder as mitigating factors. In the case of abuse of narcotics, the Defendants BJJ and YAR, even though they were bipolar, still did not abolish the sentence against the two Defendants in these two different cases..
Deciphering the Causes of Dispute Settlement of the Crime of Threatening Rusnita Mopili
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.413 KB) | DOI: 10.33756/eslaj.v5i1.19881

Abstract

The purpose of this study was to find out what factors hindered the role of the police in solving criminal threats in the Bone Bolango Regency. The type of research used is empirical research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using interviews, observation, and documentation techniques. The results showed that the factors that hindered the police in disclosing the criminal act of threatening were internal factors consisting of the loss of evidence, then the absence of witnesses, and the difficulty in determining the suspect because the suspect had run away, then there were also external factors, namely the lack of public awareness. 
Police Obstacles in Revealing the Crime of Disposing of Babies Titik Mokoagow; Lisnawaty W. Badu; Suwitno Yutye Imran
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.879 KB) | DOI: 10.33756/eslaj.v5i1.19228

Abstract

The purpose of this study is to know and analyze what factors hinder the police in uncovering the crime of disposal of babies in Bone Bolango and to find out what the police are trying to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police. This type of research is empirical research. The results showed that the role of the police in uncovering the crime of disposal of babies in the Tapa Sector Police, the investigation process was still stopped because the police experienced factors that hindered the police in uncovering the crime of disposal of babies. These factors were internal factors consisting of a lack of members and sources. Human Resources, lack of evidence, and difficulty in determining suspects, Then there are also external factors, namely the lack of public awareness. Then, in this case, the police made efforts to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police by conducting patrols, counseling and outreach activities in the community.
Analysis of Judge's Decision in Imposing Child Abuse Crime Husnulhotima Sauri
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.09 KB) | DOI: 10.33756/eslaj.v5i1.19882

Abstract

The purpose of this research is to know and analyze abouthow to Analyze the Decision of the Gorontalo High Court Number: 2/Pid-Sus-Anak/2020/PT Gto against children as perpetrators of criminal acts of obscenity in the city of Gorontalo and to find out what factors influence the Judge's Decision in Cases of Crime of Child Abuse in Court High Gorontalo Number: 2/Pid-Sus-Children/2020/PT Gto. The type of approach used is Normative Research where the approach used is a statute approach and a case approach. The data obtained are from literature, laws, journals, and thesis. Data analysis or data management in this study was carried out in a deductive way. The results obtained in this study indicate that the judge in imposing a sentence on the perpetrator is still contrary to the principle of proportionality. Then there are several factors that influence the judge's decision, which include: 1.) Factors originating from the judge. 2) Factors originating from the defendant.
Efforts to Optimize the Office of Religious Affairs of Paleleh District Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic Risky Yanto Yunde; Nur Mohamad Kasim; Dolot Alhasni Bakung
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.831 KB) | DOI: 10.33756/eslaj.v5i1.19704

Abstract

Early marriage experienced by adolescents under 19 years old is still a phenomenon in several regions in Indonesia. Early marriage is more likely to occur in any Religion Paleleh sub-district, Buol Regency is one of the sub-districts where the number of cases of early marriage is quite high and has increased after the co-19 pandemic. This needs to be prevented by all actions, activities, or efforts carried out by the Regional Government, community, family, and parents as well as all stakeholders to reduce the rate of early marriage. The purpose of conducting this research is to find out the efforts of the Religious Affairs Office of Paleleh District, Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic. Using a sociological juridical research method, using a descriptive qualitative research approach and interactive analysis techniques. The results of the research conducted stem from the responses of various elements of the Paleleh District community regarding early marriage, which contain a lot of speculation, namely positive and negative responses. Responses from rural communities where people are still less aware and less compliant with the law. Early or underage marriages that still occur are often due to factors caused by the social model of young people who are too free with the opposite sex. However, it is all returned to the parents. For the people of Paleleh Subdistrict who have low economic constraints who cannot afford to send their children to school, especially for women, supported by the negative stigma factor that there is no point in going to high school and the kitchen will be the place to return to.
Factors Influencing the Application of Regional Regulation Number 3 of 2021 Concerning Zakat Management in the City of Gorontalo Asrul Aswar; Erman I. Rahim
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20010

Abstract

This study aims to identify the factors that influence the application of these regional regulations. This study uses a qualitative approach by conducting in-depth interviews with several related parties, such as the Gorontalo Municipal Zakat Agency (BAZ), zakat management institutions, and the community. The results of the research show that there are several factors that influence the application of Regional Regulation Number 3 of 2021 concerning Zakat Management in the City of Gorontalo. First, regulatory factors, namely the clarity and consistency of regulations, as well as a deep understanding of the contents of these regulations. Second, institutional factors, such as the capacity and competence of zakat management institutions, support from local governments, and the active involvement of the community in zakat management. Third, social and cultural factors, including people's perceptions of zakat, trust in zakat management institutions, and a culture of mutual assistance in society. This study also found several obstacles in the implementation of these regulations. These obstacles include the lack of public understanding of these regulations, low community participation in zakat management, lack of local government support in implementing regulations, and limited capacity and competence of zakat management institutions. Based on these findings, this study recommends several steps to improve the implementation of Regional Regulation Number 3 of 2021 concerning Zakat Management in the City of Gorontalo. These steps include increasing socialization of regulations to the public, increasing community participation in zakat management, increasing the capacity and competence of zakat management institutions, and strengthening support from local governments.
Prosecutor's Review of Unlicensed Drug Trafficking Prosecution Yulinda Apriliyani; Nuvazria Achir
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.19880

Abstract

The purpose of this research is to know and analyze about what is the impact of drug users without a permit at the Bone Bolango State Attorney. The type of research used is empirical research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using interviews, observation, and documentation techniques. The results of the study show that the prosecutor's considerations in imposing criminal charges against the perpetrators in drug distribution cases without a license include objective and subjective considerations. To achieve legal certainty and the purpose of sentencing the accused. The impact of drug distribution without a permit in the Bone Bolango Region is that it is very disturbing to the community and also endangers physical, mental, and social health conditions.
Implementation of Rural Area Development Based on the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Muh Muhyi Tombinawam; Mutia Cherawati Thalib; Abdul Hamid Tome
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20381

Abstract

This study aims to determine how the implementation of rural area development in Bone Bolango Regency is based on Ministerial Regulation Number 5 of 2016. The legal basis of the rural area development policy is Law Number 6 of 2014 concerning Villages. The law has the purpose and function of creating a strong, independent, peaceful, and democratic village that is used to regulate the development of rural areas. The results of this study are; 1). The implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 can be carried out by forming a Coordination Team for Rural Area Development, planning the preparation of the development plan in question, and cooperation and determination of the village sarasan; 2). Obstacles in the implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 are the lack of formation of a Rural Area Development Coordination Team (TKPKP), and the lack of maximum implementation of rural area development in Bone Bolango Regency
Children as Perpetrators of Crimes of Abuse (A Review of Restorative Justice Completion in Indonesia) Moh Husen Alhasni
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20149

Abstract

This research aims to explain the phenomenon of children as perpetrators of violent crimes and examine the restorative resolution approach in Indonesia. In recent years, there has been an increase in the number of cases of violence involving children as perpetrators in Indonesia. The existence of children as perpetrators of violent crimes raises serious concerns about the future of the younger generation and the security of society.  The research method used in this writing is Juridical Sociological research and uses a qualitative research approach that is descriptive in nature and uses interactive analysis techniques. the research findings show that the restorative resolution approach has been recognized as a more effective alternative and focuses on victim recovery, offender development, and social reintegration. Restorative resolution involves a process of mediation and dialogue between the victim, offender and the community. The results show that this approach provides space for juvenile offenders to understand and take responsibility for their actions, while victims can express the psychological and emotional impact they have experienced.

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