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[The Effectiveness of Otanaha Compliant Operations in Preventing Traffic Violations ]]>
<![CDATA[Cipto Kai]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18347
<![CDATA[Abstract: Purposeful researchknow ethe effectiveness of the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo and what are the inhibiting factors for the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo. This type of research uses empirical research methods carried out with a qualitative approach to primary and secondary data. The research was located at the Gorontalo City Police, the data used in this study were obtained using interview techniques. The results of this study can be concluded that The effectiveness of the implementation of the Otanaha Obedience Operation in Preventing Traffic Violations in the City of Gorontalo, namely: Lack of awareness from the public,The weather factor is not supportive, the community is not orderly towards traffic order, there is a lack of awareness of road users. The inhibiting factors for the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo are: Helping the community in safety and public order in driving on the road, Reducing the number of road accidents, Increasing legal awareness indriving people,Socializing and notification of operations to the community.]]>
<![CDATA[Review Of Islam Law On The Impact Of Thrift Selling Of Goods In Gorontalo City ]]>
<![CDATA[Salim Alidrus]]>;
<![CDATA[Nur Mohammad Kasim]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23402
<![CDATA[The purpose of this study is that this research discusses the review of Islamic law on the impact of buying and selling thrift goods in Gorontalo City . As for the objectives of this research are: to find out how the review of Islamic law on the impact of buying and selling thrift goods in Gorontalo City. This study uses empirical legal research methods. Empirical legal study itself is a study that views law as a reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Saturday and Sunday Markets in Gorontalo City. The results obtained from this study are that in Islamic law the practice of selling is not in accordance with one of the pillars and conditions of the contract, namely Ma'qud alaih (object), because the goods are not clearly specified. Sellers and buyers do not know clearly the quality of goods with certainty or gharar. Therefore, this thrift sale and purchase is included in the ghajr sahih fasid contract because one of the pillars is not fulfilled and ghair shahih , a vanity contract because it is not clearly specified so that it does not have a legal impact.]]>
<![CDATA[Victimological Review Of The Criminal Offence Of Child Abuse By Father And Step-Uncle ]]>
<![CDATA[Rizal Alulu]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23118
<![CDATA[Abstract: This study aims to determine the victimology review of victims of criminal acts of child molestation committed by their stepfather and uncle. This research raises two issues, namely how to review the victimology of victims of criminal acts of sexual abuse and the form of legal protection for children who are victims of criminal acts of sexual abuse. This research uses empirical legal research methods with a descriptive approach. The results of this research show that children who are victims of criminal acts of sexual abuse have a passive role in that they do not act, but with their attitude they push themselves to become victims, resulting in crimes occurring against them, whose nature and character tend to be weak physically and in terms of their thinking power. The legal protection provided is contained in Law Number 35 of 2014 in place of Law Number 23 of 2002 concerning Child Protection. Protection efforts include the rehabilitation of children who are victims and providing protection for the broadcast of victims' identities to prevent labeling of children which affects the future of children who are victims of criminal acts of sexual abuse.]]>
<![CDATA[Judge's Decision on Child Crimes ]]>
<![CDATA[Sulastri Arfan Gani]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18350
<![CDATA[This study aims to determine judges’ decisions on criminal acts of juvenile delinquency. The method used in this study is normative research methodology and uses a statutory and shirt approach as well as descriptive analysis techniques. The results of this study indicate that the judge's considerations in deciding cases of crimes of violence committed by children can be seen from the two decisions by looking at the facts of the trial where the evidence submitted by the public prosecutor and the evidence was acknowledged by the defendant and also looking at the testimony of witnesses which also adds to the arguments against the defendant so that in the court process the judge is stronger in the judge's conviction to decide on the case on a fair basis seeing in the defendant, the judge does not find justification or pardon that can relieve the defendant from his case so that he must be held accountable.]]>
<![CDATA[Factors That Cause Families To Commit Crimes Against Children ]]>
<![CDATA[Zhakilla Salsabilla Rizky Imani Pulubuhu]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23588
<![CDATA[This research aims to find out what factors cause families to commit criminal acts against children. This research uses empirical research methods by taking a qualitative approach. The results of this research found that cases of criminal acts against children occurred twice at the Gorontalo City Police in the past 3 years. In the child kidnapping case handled by the Gorontalo City Police, this case has become a case that has shocked Gorontalo residents recently. There was talk of a six year old child with the initials NV who suddenly disappeared and had even been searched for but not found around the city of Gorontalo until it was recently discovered that he had been taken by his aunt to Jakarta without his parents knowing. The perpetrator has been arrested by the Gorontalo City Police and stated that this case is currently in the second stage, namely the prosecutor's handling stage. Meanwhile, in the case of abuse that resulted in death, a five year old child died as a result of torture which caused several lacerations and bruises until the victim finally died. The perpetrators of this case are known to be the victim's step-grandmother, the victim's step-mother and none other than the victim's biological father.]]>
<![CDATA[Legal Protection Of Personal Data According To Financial Services Authority Regulation ]]>
<![CDATA[Lidwina Savira Nurulhaq]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23833
<![CDATA[the purpose of this study is to determine the legal protection of personal data of bank customers according to Law No. 8 of 1999 on Consumer Protection and how the implementation of the Financial Services Authority (OJK) Regulation No. 12/PJOK.03/2021. The method used is using sociological juridical research method, using a descriptive qualitative research approach and interactive analysis techniques. The result of this research is that it arises because the issue of data protection and customer information in Indonesia has become a new problem in the banking world. On the other hand, adequate forms of protection for a customer's privacy rights have not been implemented into legal instruments. Similarly, the existence of various laws (UU) that have the authority to manage one's data and information, are not given limits to avoid violations that result in unprotected data and information of a person.]]>
<![CDATA[The Crime of Embezzlement in Criminology Studies ]]>
<![CDATA[Hairunnisa Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18336
<![CDATA[This study aims to identify and analyze the factors causing the crime of embezzlement of money and steps to deal with the crime of embezzlement by the Gorontalo City Police. The type of research used is Emperis research or field research with a case approach. The results of this study indicate that There are 2 factors causing the crime of embezzlement in Gorontalo City, namely internal factors and external factors. Whether it's because of economic, environmental, or educational factors and committing crimes: the efforts made by the Gorontalo City Police in dealing with embezzlement of money, namely by taking preventive steps by conducting patrols, education and legal counseling and repressive (enforcement) provide strict sanctions in accordance with applicable rules]]>
<![CDATA[Implementation of Investigations into the Crime of Incest by the Biological Father Against the Child Incest ]]>
<![CDATA[Safrizal W. Yantu]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Avelia Rahmah Y. Mantali]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23029
<![CDATA[The main problem in this research is the process of investigating criminal acts of incest committed by the biological father against the child in the jurisdiction of the East City Police. biological father of the child at the East City Police. The aim of the research is to find out and explain the implementation and investigation of criminal acts of incest committed by the biological father against the child (Incest) at the East City Police. The results of the research are that the process of investigating the criminal act of incest by the biological father against the child is carried out in stages, making a report, conducting an investigation, carrying out a Visum et Repertum, sending a letter notifying the start of the investigation, conducting examination of witnesses, carrying out a case title to determine the suspect, carrying out coercive measures, examination of suspects, collection of evidence, filing.]]>
<![CDATA[Loss of Child Custody to a Father ]]>
<![CDATA[Mohamad Rizaldi Fitra Abadi]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18338
<![CDATA[This study aims to determine the transfer of child custody to a father. The method used in this study is normative research methodology and uses a statutory and shirt approach as well as descriptive analysis techniques. The results of this study indicate that according to the Compilation of Islamic Law, the custody of a child to a father after a divorce is the right of the mother to take care of a child who is not yet mumayyiz or not yet 12 (twelve) years old. But if you look at the contents of decision number 448/Pdt.G/2018/PA. But where the judge imposes child custody on a father, after analysis that the judge does not only refer to the applicable laws and regulations, but the judge has the authority to assess, analyze and decide under the facts presented in court and prioritize the interests and welfare of children.]]>
<![CDATA[Application of Regional Regulations on Public Order in Handling Homeless and Beggars ]]>
<![CDATA[Alhimny Fitrah Janu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.20549
<![CDATA[The purpose of this research is to find out what is the effectivenesstackling homeless and beggars in Gorontalo City based on Article 23 of Regional Regulation No. 1 of 2018 concerning Public Order. Then also to know and explain what are the factors that hinder the handling of homeless people and beggars. The results of the study show that the prevention of homeless people and beggars in Gorontalo City has not been effective. This is due to the fact that the efforts being made are limited to repressive efforts by using the Civil Service Police Unit as a government apparatus based on the Gorontalo City Regional Regulation Number 1 of 2018 concerning Public Order. Then the factors that hinder the handling of homeless and beggars are divided into internal factors, including: limited operational costs, lack of facilities and infrastructure, lack of agencies involved, and leakage of information to the public. The external factors are: the presence of persons coordinating the homeless and beggars, and the habit of the people who like to give.]]>
