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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
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Search results for , issue "VOL. 5 NO. 3 OCTOBER 2023" : 20 Documents clear
Causative Factors of Criminal Acts Teacher Mistreatment of Students Siti Adira Yahya Putri; Suwitno Yutye Imran; Julisa Aprillia Kaluku
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23729

Abstract

This study investigates the impact of providing restitution on child victims of pornographic video distribution, utilizing empirical legal methods and case-based analysis. The study explores the implementation of restitution for children under Article 7A of Indonesia's Law No. 31/2014 on Witness and Victim Protection and Government Regulation No. 43/2017 on Restitution for Child Victims of Criminal Acts. The research identifies factors influencing the restitution process, including a lack of legal understanding among children, parents, and families of both perpetrators and victims, as well as challenges arising from government regulations on restitution. Restitution, governed by legal frameworks, is recognized as insufficient to eliminate the crime or case resolution. Challenges in restitution fulfillment also stem from the absence of a Witness and Victim Protection Agency, leading to delays in awaiting decisions and assessments from the Central LPSK. Economic capacity and the perpetrator's willingness further impact the restitution process
Juridical Analysis of Minors' E-Commerce Transactions Are Related To Article 1320 of the Civil Code's Agreement Terms Aditya Algifari Badu; Mutia Cherawaty Thalib; Abdul Hamid Tome
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23069

Abstract

The purpose of this study is to determine the validity of the Terms of Agreement on Transactions through e-commerce conducted by minors, which is divided into two sub-discussions, namely first how the validity of agreements in e-commerce transactions according to Article 1320 of the Civil Code and second how the legal protection of the parties in conducting e-commerce transactions conducted by minors. This type of research is a qualitative literature research with a juridical-normative approach. The results of this study show that agreements through e-commerce are declared valid and declared born when an agreement is reached regarding the object being promised, and cannot be separated from what has been basically stated by Article 1320 of the Civil Code by using electronic media so that the contract is not realized in writing. E-commerce transactions are carried out by parties, one of which is under age, the agreement is considered valid as long as it does not harm both parties, and the underage party understands the agreement that must be fulfilled and is responsible for what has been agreed upon.
Providing Restitution to Children Victims of Pornographic Video Distribution Riski Mohamad Rasjid; Suwitno Yutye Imran; Nuvazria Achir
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23730

Abstract

This study aims to determine the effect of providing restitution on child victims of the distribution of pornographic videos. This research uses empirical legal methods and is based on cases that occur, then analyzed descriptively. The results of the study that the implementation of Restitution of Children as Victims of the Distribution of Pornographic Videos based on Article 7A of the Law of the Republic of Indonesia Number 31 of 2014 concerning the Protection of Witnesses and Victims and PP No.  43 of 2017 concerning the Implementation of Restitution for Children Victims of Criminal Acts. Factors Affecting the Provision of Restitution to Child Victims Distribution of Pornographic Videos, where children and parents or families of both perpetrators and victims do not understand the law, and the existence of Government Regulations (PP) regarding the provision of restitution that must be received by victims. Restitution is certainly not to remove the crime and the process of solving a case. The problem that affects the fulfillment of restitution is also due to the absence of the Witness and Victim Protection Agency so it must wait for the decision and the results of the Central LPSK assessment. In addition, it is also determined by the economic ability and the will of the perpetrator.
Implementation Of Occupational Safety And Health Management System At PT. Port Indonesia IV (Persero) Gorontalo Branch Margaretha Husain; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23606

Abstract

Pelabuhan Indonesia IV (Persero) Gorontalo Branch is one of the State-Owned Enterprises engaged in Port Services, Ship Services, Goods Services, and Container Terminals. PT Pelabuhan Indonesia IV Gorontalo branch is also one of the companies in Gorontalo that implements an occupational safety and health system in the company's operational processes. The company needs to prepare facilities and infrastructure as well as programs that can minimize the number of work accidents in the company, preparations made to anticipate and reduce the number of work accidents caused by hazard factors and the risk of work accidents consist of hazard identification, assessment of potential hazards, organization and means of operational supervision of emergency action planning, dissemination of information to employees and the surrounding community regarding company actions in an effort to prevent the emergence of environmental pollution hazards generated by the company. ensure occupational safety and health in the company and reduce the risk of accidents in the work environment. Therefore, the Occupational Safety and Health Management System is very important for companies and workers to minimize the occurrence of work accidents in the work environment. We cannot underestimate all matters relating to work safety.
Application of Criminal Sanctions Against Illegal Mining Perpetrators According to Law Number 3 of 2020 Laras Cipta Ilahi; Nirwan Junus; Jufryanto Puluhulawa
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23259

Abstract

The purpose of this study is to determine and analyze the application of criminal sanctions against illegal mining actors according to Law Number 3 of 2020 in Dengilo District, Pohuwato Regency, and to determine and analyze the impact of illegal mining in Dengilo District, Pohuwato Regency. The type of research used in this study is empirical legal research using data collection techniques through direct observation and interviews with related parties. The results of this study show that the application of criminal sanctions in Kec. Dengilo is still not optimal, because there are still many perpetrators who continue to carry out activities secretly at the mine site. The miners carried out mining activities at night using heavy equipment even though it had been prohibited by the authorities. The government of Dengilo District, Pohuwato District, has made socialization efforts to the community regarding the provisions governing mining problems and sanctions for those who violate these provisions and has collaborated with the Pohuwato Regional Police in following up perpetrators of illegal gold mining crimes by the provisions of Law Number 3 of 2020. The impact caused by illegal gold mining in Dengilo District is positive: increasing local income, accommodating labor, and increasing community income. Negative impacts: river water pollution, damage to agricultural land, destruction of forest areas, causing casualties, causing landslides, and disrupting public health. Therefore, the government should facilitate and determine community mining areas. 
Illicit Enrichment Conception in Positive Law in Indonesia Juwita Widya Mahmud; Mohamad. R. U Puluhulawa; Waode Mustika
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24169

Abstract

This study aims to determine the Regulation of Article 20 of the United Nations Convention Against Corruption (UNCAC) concerning Illicit Entrichment in Positive Law in Indonesia. The method used in this study is a type of normative juridical research that uses a legal approach to views and doctrines. The results of this study show that Indonesia's current positive law does not contain regulations related to Article 20 of the United Nations Convention Against Corruption (UNCAC) on the acquisition of assets of public officials (Illicit Enrichment) which allows asset seizure if the state official cannot explain the cause of the increase in assets related to his legitimate income. However, in Indonesia's positive law, there are relevant regulations close to those in Article 2 paragraph (1), Article 18, and Article 37 of the Corruption Eradication Law
Analysis of the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area Siti Nur Magfirah A. Hudodo; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24033

Abstract

The purpose of this research is to find out the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area. In this research, the author uses normative research method or normative juridical research. This normative research includes library research or document study, because the object studied is in the form of public official documents, namely official data from the Gorontalo Religious Court. The results of this study researchers found preliminary data in the Gorontalo Religious Court, there is 1 (one) case of Itsbat Nikah application which is contrary to Article 3 and Article 9 of Law Number 1 of 1974 jo. Law Number 16 of 2019 concerning Marriage, as well as Article 40 of the Compilation of Islamic Law (KHI) but by the panel of judges the case was granted and there was 1 (one) itsbat nikah case Number 255/Pdt.P/2022/PA.Gtlo with the same type of application case but there were differences in the judge's consideration in deciding the case with the ruling not accepted.
Factors Hindering the Settlement of Inherited Land Disputes Due to Forgery of a Will Through the District Court Miftahuljannah Sidik; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24113

Abstract

This research aims to identify the inhibiting factors in the settlement of inheritance land disputes caused by forgery of wills through the district court. The research uses an empirical method by analyzing interview data and a copy of case number 44/Pdt.G/2011/PN.Gtlo. The inhibiting factors are grouped into two, namely internal factors originating from the disputing parties, and external factors originating from outside the disputing parties, especially from the court. Internal inhibiting factors included the lack of witnesses, lack of good faith, lack of understanding from the parties, chaos in the trial, and lack of evidence. While external inhibiting factors include a lack of legal certainty and a shortage of Human Resources (HR) in handling land dispute cases. The results showed that legal uncertainty and lack of human resources on the part of the court had a significant impact on the process of resolving inheritance land disputes. Therefore, it is suggested that there should be improvements in the judicial system, an increase in the number and quality of human resources in the courts, as well as efforts to increase legal certainty in the handling of inheritance land dispute cases involving forged wills.
Legal Analysis of Non-Performing Loans of Bank Sulut - Limboto Branch: Impact and Civil Perspective Muhammad Tahta A.R; Weny Almoravid Dungga; Sri Nanang Meyske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24091

Abstract

settlement of bad debts made by debtors, is a violation of the program credit distribution program against sulut-go bank which has generated a lot of speculation about the rules of civil law. The problem is the enforcement of the law against the debtor allegedly with the issue of the article on the crime of corruption article 2 paragraph 1. The purpose of this research is to find out thoroughly about the enforcement of bad credit in the review of civil law. bad credit in the review of civil law and judge's decision, the problem of bad credit, and default. and default. Bank Sulut-Go which is in limboto branch against debtors who have bad credit. and discussion of the research that there is an imprudence that is done by the bank regarding the credit process by pledging something that does not belong to the debtor, but is processed.belonging to the debtor, but processed. Furthermore, that this contract occurs contract with a repayment duration that is not yet due but has already entered the court. The conclusion drawn by the researcher is that when a case that still has a contract it includes default and is a problem of bonding between people because it arises due to the cideranya promise, whose resolution path must be the civil realm. Default in bad credit can be recognized when there is an error.
Law Enforcement Challenges to Defamation on Social Media Tista Nabila Ahmad; Dian Ekawaty Ismail; Jufryanto Puluhulawa
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24039

Abstract

The aim of this research is to find out and analyze aboutlaw enforcement against perpetrators of defamation through social media in jurisdictionsAs a result of this research, researchers found that first, How is the implementation of law enforcement against perpetrators of defamation via social media by the Gorontalo City Police, after the ITE Law No.19 of 2016, that is the implementation of law enforcement against perpetrators of defamation via social media by Satreskrim. Second, the factors that become obstacles for the police in enforcing the law against perpetrators of defamation through social media in accordance with the ITE Law No. 19 of 2016, namely the obstacles or obstacles lie in the legal constraints themselves, constraints from law enforcement, constraints on facilities and infrastructure, constraints from society, cultural constraints

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