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[Responsibility for Village Financial Management in Dutuno Village, Paleleh District, Buol Regency based on Permendagri ]]>
<![CDATA[Muhammad Nur Iman Odja]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.22467
<![CDATA[The purpose of this study was to determine the accountability of Village Financial Management in Dutuno Village, Paleleh District, Buol Regency according to Permendagri No. 20 of 2018. This study uses empirical research methods with a qualitative approach. The results of this study, namely village financial management accountability is a problem until now in Dutuno Village, Paleleh District, Buol Regency, because the village government is not open to the public in terms of informing village financial management accountability reports in accordance with Permendagri No. 20 of 2018 on Village financial management accountability in Dutuno Village, Paleleh District, Buol Regency, of course, this a problem when the accountability of village financial management is not carried out according to applicable rules.]]>
<![CDATA[Legal Considerations in the Disparity of the Judge's Decisions Have Fulfilled a Sense of Justice ]]>
<![CDATA[Nur Risqy Afieany Rahim]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18486
<![CDATA[The purpose of this research is to know and analyze aboutthe cause of the disparity in judge decisions that occurred in narcotics abuse cases with case number 94/Pid.Sus/2018/PN.Gto and number 138/Pid.Sus/2019/PN.Gto and to find out and analyze whether the sentence imposed by the judge In this disparity case, it is in accordance with justice or not with normative research methods using a case approach. The technique used is a systematic technique through literature study and using descriptive analysis techniques as a support.The results of the analysis in the resulting research are first in the disparity case number 94/Pid.Sus/2018/PN.Gto and number 138/Pid.Sus/2019/PN. Gto there are factors that influence the judge's decision including legal factors, factors evidence, and individual historical factors or trial facts. The two criminal sentences carried out by the judge, in this case, are considered to be far from justice because the results of the judge's decision are far greater in the second case than the first due to several influencing factors]]>
<![CDATA[Noodweere: A Challenge of Justice for Investigators ]]>
<![CDATA[Sadarudin Babuta]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18607
<![CDATA[This study aims to analyze the primary considerations for the police to determine the victim of abuse as a suspect in a crime related to noodweer, as well as to examine the legal remedies that can be taken in determining him as a suspect for the alleged crime of persecution that was carried out by force. This type of research is normative-empirical legal research. The approach used is the Statute Approach; and the case approach. The results of the research show that the primary considerations of investigators in determining someone to become a suspect, even if the person concerned is a victim in the crime of persecution, are determined by the results of the visum et repertum and two sufficient pieces of evidence and two witnesses. A person who is arrested/detained after being named as a suspect, can carry out a pre-trial if the act of arrest/detention is deemed illegal, and violates the provisions of the applicable laws and regulations. ]]>
<![CDATA[Analysis of Factors Impeding Legal Optimization in the Settlement of Land Disputes through Mediation in Biau District, Buol Regency ]]>
<![CDATA[Mohamad Ifan Ridwansyah]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.22500
<![CDATA[The purpose of this study is to determine what factors impede the optimization of the law of land dispute resolution through mediation in biau district, buol Regency. This study uses empirical research methods using a qualitative approach. The result of this study is that the Biau District Office of Buol Regency has performance problems in resolving land disputes through mediation which is an important factor because it is one of the districts located in the capital of Buol Regency. The Biau district government in handling land dispute mediation cases is not optimal and efficient in its performance of its duties, especially in resolving disputes will greatly affect the success of agrarian cases in biawu district. One of the main problems that occurred in 2018, 2019, and 2020 is a problem that almost every year increases. This can be a reference to Article 12 paragraph 5 which states that disputes or conflicts are not the authority of the Ministry of Agrarian affairs, for that the district government can mediate against people who have cases or agrarian problems.]]>
<![CDATA[The Role of Legal Aid Station in Legal Aid Services in District Courts Gorontalo City ]]>
<![CDATA[Irawati Salim Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18480
<![CDATA[This study aims to find out how Legal Aid Services are provided by the Legal Aid Station at the Gorontalo City District Court and the obstacles in Legal Aid Services by Legal Aid Station at the Gorontalo City District Court. This type of research is Empirical Research with a descriptive approach. The results of the study show that Legal Aid Services by the Gorontalo District Court Legal Aid Station are not yet fully effective. Many people do not know about the existence of Legal Aid Station because of a lack of socialization in the community, more cases are handled and almost all of them are appointments of judges, the location of the Legal Aid Station is less strategic, lack of communication between the Legal Aid Station and the Court, the number of human resources is not proportional to the number of cases, as well as income that is disproportionate to expenses, especially civil cases. But in this case, the services in the field of providing information, consulting, and making legal documents are going well. The Legal Aid Station of the Gorontalo District Court needs to provide education in the form of outreach to the public as well as a thorough evaluation of legal services for the less fortunate.]]>
<![CDATA[Action Management of Commercial Sex Worker Cases ]]>
<![CDATA[Kurniawan Gumalangit]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18592
<![CDATA[This study aims to determine qualitative study of handling cases of commercial sex workers.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 thatLaw Enforcement in Handling Commercial Sex Workers (PSK) in Gorontalo City is carried out in two ways, namely preventive enforcement and repressive enforcement. Preventive enforcement of course there are various steps taken to prevent the practice of prostitution, namely legal counseling, conducting patrols and giving warnings. Meanwhile, repressive enforcement is carried out in two ways, namely coaching and inviting parents. So that from law enforcement it can be seen that there has been no implementation of the provisions of regional regulations that have been made such as the imposition of criminal sanctions, but only the imposition of social sanctions by the law enforcers themselves. ]]>
<![CDATA[The Role of the Police in Settlement of Land Confiscation Cases in Buol District ]]>
<![CDATA[Mega Cahyani Y. Datu]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18538
<![CDATA[This study aims to find out the role of the Police in solving land grabbing criminal cases, as well as what factors are the obstacles for the police in resolving land grabbing criminal cases. In this study, researchers used empirical research. This research was conducted at the Buol Polres, which was then conducted by looking at data on reports of cases of land grabbing in Buol district, as well as interviews with the Buol Resort Police. From the results of the study it can be seen that the police are very careful in resolving cases of criminal acts of land grabbing in Buol district. In the process of resolving cases of land grabbing by the Buol Resort Police, the reporter always prioritizes the importance of completing the data.]]>
<![CDATA[Studying the Steps of the General Election Commission in Responding to the Recommendations of the Election Supervisory Body ]]>
<![CDATA[Bintang Muhamad Hendri]]>;
<![CDATA[Ahmad Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18726
<![CDATA[This research is to find out the GEC's steps in responding to Election Supervisory Body (ESB) recommendations of the Gorontalo Regency in the 2020 Pilkada. The method used in this research is a normative research type that uses a statutory and case study approach. The results of this study indicate that in responding to the Gorontalo ESB recommendation letter, the Regency GEC Gorontalo held a plenary meeting with the ability to conduct consultations with the Gorontalo Provincial GEC, then the Gorontalo Regency GEC asked for information from the election candidate as the reported party, then the GEC asked for information as well as consulted with experts including legal lecturers and also related officials who ultimately poured out the results of the study by making the Gorontalo Regency GEC decision Number: 658/KPU-Kab/X/2020 concerning Follow-Up of the Recommendations of the Gorontalo Regency Election Supervisory Body (ESB) Against Alleged Election Administration Violations, dated 17 October 2020 in Fo Form PATL-2 based on the provisions of Law Number 1 of 2015 and GEC Regulation Number 13 of 2014.]]>
<![CDATA[Protection of Victims of Sexual Violence in Higher Education based on a Progressive Legal Perspective ]]>
<![CDATA[Mohammad Hanifal Fatahillah R Jantu]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18699
<![CDATA[The purpose of this study is to analyze the protection of victims of sexual violence in higher education based on a progressive legal perspective. This type of research method is legal research that is normative in nature using a statutory approach and a case approach. The analysis used is Descriptive data analysis with a qualitative approach to secondary data and primary data. The results of this study show that there is progressiveness to provide comprehensive protection for victims of sexual harassment or violence in higher education. This is evidenced by the implementation of the Permendikbud ristek number 30 of 2021 concerning the prevention and handling of sexual violence in universities which is a legal umbrella that is more exclusive than the Criminal Code in resolving sexual violence on campus because victim protection based on the Criminal Code, only focuses on sanctions of perpetrators without rigid protection of victims, while the Minister of Education and Culture Ristek, The rights of victims are made a priority, which is certainly in line with progressive laws that prioritize legal recensorship according to the times.]]>
<![CDATA[Return of Case Files in Pre-Prosecution of Child Abuse Crimes ]]>
<![CDATA[Polantia Ibrahim]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18531
<![CDATA[The purpose of this research is to know and analyze aboutThe inhibiting factor of the case file cannot be delegated to the prosecution stage by the prosecutor at the Gorontalo District Attorney.This research uses a type of empirical legal research that uses facts in the field as the main data in compiling the research. Research results The inhibiting factor of the case file cannot be delegated to the prosecution stage by the prosecutor at the Gorontalo District Attorney's Office, namely the first factor is the unfulfilled formal requirements referred to namely visum et repertum whose contents do not refer to the crime of child molestation so that the prosecutor considers the case file difficult to process. charged at a later trial which may lead to consequences. Second, from the factor of material requirements, namely the Minutes of Examination (BAP) are not focused, the Investigator has not properly ensnared the article, the evidence is not completely listed, the witness statements are not completely listed, the modus operandi is not clearly stated.]]>
