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[Legal Implications of the Judex Facti Decision that acquits the Defendant of Fraud in an Agreement ]]>
<![CDATA[Nurul Iin Pratiwi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21797
<![CDATA[This study aims to determine the legal implication of the judex facti decision that acquits the defendant of the criminal act of fraud in an agreement. The research method used is a normative legal research method using an approach law (statute approach) and the case approach (case approach).The results of this study show the legal implications of the Judex Facti decision which acquitted the accused of the crime of fraud in an agreement in Decision Number 208/Pid.B/2019/PN Gto, even though it had been decided it was a civil case and freed the defendants from criminal charges, even at the next level in Cassation Decision Number 277 K/Pid/2020 related to the request for a criminal case at the cassation level that was requested by the Public Prosecutor, the decision rejected the cassation request from the cassation applicant. Therefore, the legal implications of the Judex Facti decision that acquitted the accused of fraud in an agreement had implications for legal certainty, as well as implications for the re-submission of lawsuits from criminal to civil.Keywords: Implication; Crime; Fraud; Agreement]]>
<![CDATA[Legal Protection for Women as Victims of Domestic Violence Based on Article 1 of Law No. 23 of 2004 ]]>
<![CDATA[Cindra Ningsih Kohongia]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21807
<![CDATA[This study aims to analyze and find out the implementation and implementation of women's protection related to Law Number 23 of 2004 where families are harmonious, happy and love each other. It is everyone's goal to carry out their household life as expected. The results of the study show that family conflict has always been a supporting factor for the occurrence of acts of domestic violence, among which there are still many people who do not understand that if a conflict occurs, women and children are very vulnerable to becoming victims. This happens because the thought that everything that happens within the family sphere is a secret that cannot be known by the public (other people) and it is a disgrace for a husband and wife to tell about their household problems. Even so, violence is often used to describe behavior, both open violence where violence is seen, for example in fights. violence is closed, hidden, not done directly, as in threatening behavior.]]>
<![CDATA[Judge's Considerations in Granting the Request for Marriage Dispensation ]]>
<![CDATA[Sintiarawati Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21486
<![CDATA[Implementation of Law No. 16 of 2019 concerning marriage on dispensation of marriage, a factor that was considered by the judges of the Limboto religious court in granting the request for dispensation of marriage after the enactment of UU No. 16 of 2019 concerning marriage.The Limboto Religious Court implements and implements Law Number 16 of 2019 concerning Marriage. The law regulates the minimum age for marriage as stated in article 7 paragraph (1), namely marriage is only permitted if a man and a woman have reached the age of 19. Then in Article 7 paragraph (2) In the event of a deviation from the age requirement as referred to in paragraph (1), the parents of the man and/or the parents of the woman can request dispensation from the Court with very urgent reasons accompanied by sufficient supporting evidence. . Article 7 paragraph (3) states that the granting of dispensation by the Court as referred to in paragraph (2) must listen to the opinions of both bride and groom who will enter into a marriage]]>
<![CDATA[Efforts to Overcome the Crime of Fishing Ship Shipping in the Police Area of the Water Police Unit (Polair) of the Gorontalo Regional Police ]]>
<![CDATA[Siti Noor Anizha]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21790
<![CDATA[This study aims to find out what factors led to the crime of fishing boat shipping without a permit in the police area of the Gorontalo Regional Police Water Police Unit (Polair) and how to deal with the crime of fishing boat shipping in the Police area of the Gorontalo Police Water Police Unit (Polair) . This research is an empirical juridical research which in other words is a sociological research type and can also be called a field research that examines the applicable legal provisions and what happens in reality in society. Based on the results of the study, shipping crimes that occurred in the Polairud Polda Gorontalo area generally arise and develop from several factors that cohere and affect one another, such as environmental factors and low awareness of laws and regulations in shipping crimes . In several laws and regulations as contained in Law Number 2 of 2002 concerning the Indonesian National Police that there are efforts made by the Police of the Gorontalo Police Water Police Unit (Polair), including ; preventive and repressive measures.]]>
<![CDATA[Applicability of Article 53 of Law No. 22 of 2001 in Supporting the Effectiveness of the Law Against the Hoarding of Subsidized Fuel ]]>
<![CDATA[Roziah Siti Fatima Yusuf]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.20661
<![CDATA[This study aims to analyze the applicability of Article 53 Law No. 22 of 2001 in Supporting the Effectiveness of the Law Against the Hoarding of Subsidized Fuel (from now on referred to as BBM) in the Resort Police Region of Gorontalo City and the factors that influence this. This type of empirical or field research uses a case approach and a statutory approach. The results of this study indicate the expected effectiveness of the law because, in terms of implementing the article, it is still challenging to implement and also because the lack of tightness in the distribution of subsidized fuel from Pertamina makes the hoarding easier. What influences the effectiveness of this law are factors such as the community, law enforcement, and sanctions, which still need to be stronger.. ]]>
<![CDATA[Revealing Obstacles to the Implementation of Diversion Against Children in Conflict with the Law ]]>
<![CDATA[Larasati Larasati]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21520
<![CDATA[The purpose of this study was to find out and analyze efforts to implement diversion against children who are in conflict with the law.Children who have violated the rules and are classified as criminal acts. The results of this study, researchers found thatFirst,theeffectiveness of the implementation of diversion for children who are in conflict with the law has not been effective. This is due to the lack of effort on the part of the perpetrator and the perpetrator's family in seeking diversion, the victim and the victim's family do not want to accept diversion, and the low understanding of members of the Gorontalo City Police on Diversion and the lack of welfare of police members have contributed to the process of implementing diversion to become less effective. Second, obstacles in the implementation of diversion against children in conflict with the law are caused by obstacles from the substance of the law caused by the Juvenile Criminal Court System Law itself, obstacles from the legal structure due to low and lack of human resources from the police, obstacles from the public]]>
<![CDATA[Causes of Actors Doing Household Abandonment ]]>
<![CDATA[Fitri Amalia Tine]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.21690
<![CDATA[The purpose of this research is to know and analyze aboutWhat are the factors that cause the perpetrator to commit household abandonmentin Gorontalo and how are the efforts of the Gorontalo Regional Police in tackling cases of neglect in households in the province of Gorontalo. Based on the study conducted by researchers, it can be concluded thatFactors that cause the occurrence of criminal acts of domestic violence in the form of neglectnamely: 1) The public's lack of understanding of legal rules.2) As a result of the husband remarrying to another woman or a third person. The actions taken by the Gorontalo Regional Police in tackling criminal acts of neglect in the household are: 1) through mediation. 2) preventive or prevention. 3) curative namely through directed and integrated actions]]>
<![CDATA[Penguasaan Kawasan Hutan Oleh Masyarakat Sebagai Lahan Garapan Pertanian ]]>
<![CDATA[Zulfikri Trumpi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18784
<![CDATA[Abstract: Penelitian bertujuan untuk mengetahui penguasaan kawasan hutan oleh masyarakat sebagai lahan garapan pertanian. Metode yang digunakan dalam penelitian ini yaitu metodologi penelitian empiris dan menggunakan pendekatan kualitatif serta teknik analisis deskriptif dan kualitatif. Hasil penelitian ini menunjukan bahwa Indikator masyarakat masih menguasai tanah di kawasan hutan lindung pertama adalah karena mereka memiliki sertifikat atas tanah yang dimiliki secara temurun. Olehnya mereka memiliki kepastian hukum terhadap tanah yang digarapnya. Kedua adalah ketidakjelasan batas kawasan hutan yang setelah ditunjuk oleh pemerintah melalui satelit. Jika merujuk pada regulasi dimana setelah melakukan penunjukan lahan harus disertai pula dengan mengumumkan rencana batas Kawasan Hutan yang tertuang pada peta penunjukan kawasan hutan secara digital, terutama pada lokasi-lokasi yang berbatasan dengan tanah hak. Namun sebagaimana yang dijelaskan oleh masyarakat yang menempati kawasan hutan bahwa batasan batasan tersebut tidak ada, sehingga mereka masih saja melakukan garapan tanah di kawaaasan hutan tersebut.Kata Kunci: Indikator; Penguasaan; Hutan;]]>
<![CDATA[Legal Measures to Prevent and Overcome the Occurrence of Drug Crime ]]>
<![CDATA[Indriyanti Agustina Rahjm]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18493
<![CDATA[The purpose of this research is to find out and analyze the legal efforts that have been made in preventing and overcoming drug crimes in the city of Gorontalo.This research uses a type of empirical legal research that uses facts in the field as the main data in compiling the research. The type of data used is primary data consisting of interviews with respondents, observation and documentation; and secondary data consisting of books, scientific articles, and other data sources that are considered related to the issue being discussed. The results of the study show that first, the factors that cause drug crime in Gorontalo City are economic factors, psychological factors, and environmental factors.Second,the legal remedy carried out by the investigator at the Gorontalo City Police for drug crimes is to take action as determined.]]>
<![CDATA[Problems of Investigators in the Legal Process Against Children as Perpetrators of Abuse ]]>
<![CDATA[Putri Mulya Pulukadang]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18652
<![CDATA[This study aims to determine investigators’ problems in the legal process against children as perpetrators of abuse. The research method used is empirical research descriptive qualitative research approach and using descriptive data analysis techniques. The results of this study indicate that there are two problems faced by investigators in the legal process against children as perpetrators of abuse, namely internal problems,s and external problems. Internal problems of course consist of several things, including investigator resources, the lack of an investigative budget, and the lengthy stages of the legal process. While the external problems faced are the lack of community support, the legal awareness of the community is still minimal, and the problem of evidence and technological developments is increasingly sophisticated.]]>
