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[Assessing the Authority of the General Election Supervisory Agency in Maintaining the Neutrality of the State Civil Apparatus in the 2020 Regional Elections ]]>
<![CDATA[Muis, Andi Asfarida]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.25340
<![CDATA[The research objective to be achieved in the preparation of this study is to analyze the authority of the General Election Supervisory Agency in maintaining the neutrality of the State Civil Apparatus in the implementation of the 2020 regional head elections in Gorontalo Regency. Jenis this research is Sociological Juridical research and the approaches used by researchers in compiling this research are, among others: The Statutory Approach (Statue Approach); cathe se approach (case approach); and Comparative Approach. The results of this study show that Dalam carried out the supervision stage of General Election Supervisory Agency has carried out socialization with all ASNs, the signing of Mou agreement, ents and meetings with each OPD in each Village and Environment in Gorontalo Regency. However, every implementation of the General Election Supervisory Agency regional elections still receives reports of alleged violations from members of the General Election Supervisory Agency supervisory as well as from the public that the ASN has violated related regulations on ASN Neutrality which has resulted in the smearing of democracy in terms of the neutrality of the ASN, this arises due to the presence of inhibiting factors and supporting factors that can measure how far the success of the role possessed by General Election Supervisory Agency in enforcing the perinsip Neutrality of ASN in the Regional Elections Gorontalo Regency]]>
<![CDATA[Mapping The Effectiveness Of Restorative Justice Through Rehabilitation In Handling Drug Abuse Cases ]]>
<![CDATA[Nurhaliza B., Siti]]>;
<![CDATA[Kaluku, Julisa Aprilia]]>;
<![CDATA[Puluhulawa, Irlan]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.25590
<![CDATA[The purpose of this research is to describe the effectiveness of restorative justice through rehabilitation in drug abuse cases at the Gorontalo Provincial BNN, as well as to identify the inhibiting factors. This research uses empirical legal approach with descriptive method, conducted at the Office of National Narcotics Agency of Gorontalo Province. Data were collected through interviews, literature review, and documentation, with qualitative data analysis. The results showed that restorative justice through rehabilitation has not been fully effective, as indicated by drug abusers who still use drugs again after rehabilitation. The inhibiting factors include internal aspects such as the patient's lack of determination and external aspects such as inadequate facilities and infrastructure and negative stigma from the community]]>
<![CDATA[Problems of Law Enforcement Regarding Criminal Acts of Abuse of Dangerous Food Production ]]>
<![CDATA[Suleman, Suaib R]]>;
<![CDATA[Puluhulawa, Moh. R. U]]>;
<![CDATA[Achir, Nuvazria]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24253
<![CDATA[This research aims to determine the factors that hinder law enforcement against criminal acts of misuse of dangerous food production in Gorontalo Province. The type of research used is empirical legal research with a qualitative approach. The results of this research show that the problems of law enforcement regarding criminal acts of misuse of dangerous food production in Gorontalo Province include: first, internal factors caused by facilities and facilities, the personality and mentality of personnel, the quality of operational funding personnel, and the difficulty of uncovering evidence. Second, external factors caused by leaking information about raids to perpetrators, lack of awareness in fulfilling their rights and responsibilities as business actors, limited employment opportunities, lack of community participation, and public legal awareness]]>
<![CDATA[Analysis of the Juridical Review Regarding the Action of Checking Mobile Phones by Police Officers During Patrols ]]>
<![CDATA[Muda, Mahmud]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Y. Mantali, Avelia Rahmah]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.21704
<![CDATA[The purpose of this study is to find out the provisions governing the inspection of cellphones by police officers during patrols. The research method used is a normative research method using a literature study approach. The results of this study are about the Raimas Backbone Team who violated the law against Article 1 number 18 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) concerning Body Search is an investigator's action to conduct an examination of the suspect's body and or clothes to search for objects that are strongly suspected of being on his body or carrying with him, to be confiscated. In this case it is clear that the actions of the Raimas Backbone Team who carried out the search were beyond the authority given to them, because basically in the Criminal Procedure Code Number 8 of 1981 Article 6 paragraph 1. Investigators are: (a) ). State police officials of the Republic of Indonesia, (b). Certain civil servant officials who are given special authority by law.]]>
<![CDATA[Legal Process for Banking Negligence in Violations of Customers' Privacy Rights and Personal Data ]]>
<![CDATA[Pulubolo, Rifky]]>;
<![CDATA[Thalib, Mutia Cherawaty]]>;
<![CDATA[Ahmad, Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24195
<![CDATA[This research aims to find out and analyze the legal process for banking negligence in violating privacy rights and personal data.This research is classified as normative research with a statutory approach and a case approach. The research results show that personal data subjects have the right to sue and receive compensation for violations of the processing of personal data about themselves in accordance with statutory provisions. This is stated in Article 64 Paragraph (1) of Law no. 27 of 2022 concerning Personal Data Protection, "Personal Data dispute resolution is carried out through arbitration, court, or other alternative dispute resolution institutions in accordance with statutory provisions. Non-litigation resolution is through arbitration or alternative dispute resolution institutions. Meanwhile, for settlement through litigation, criminal liability can be carried out or through civil lawsuits.]]>
<![CDATA[Legal Review of Ferdy Sambo Decision From the Perspective of Justice of the Offender ]]>
<![CDATA[Riskiqa Sekarsari, Nesha Sarah]]>;
<![CDATA[Puluhulawa, Jufryanto]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.23642
<![CDATA[Abstract: The purpose of the research is to find out what factors influence the imposition of sanctions for illegal mining crimes in decision No. 177/Pid.Sus/2022/PN Gto. The research method used in this research is the normative research method by taking a statutory approach. The results of this study Illegal mining has a detrimental impact, both for official permit holders and the environment. Perpetrators of illegal mining can be subject to criminal sanctions in accordance with the provisions in Law Number 4 of 2009 concerning Mineral and Coal Mining. Criminal sanctions that can be given include imprisonment and fines. The factors that influence the decision of Decision Number 177/Pid.Sus/2022/PN Gto are laws and regulations, violation of the law, involvement of the defendant, absence of a valid permit, level of loss and environmental impact, and mitigation factors.]]>
<![CDATA[Measuring the Role of the Police in Preventing Criminal Acts of Obscenity ]]>
<![CDATA[Ambarani Shelia, Putri]]>;
<![CDATA[Ekawaty Ismail, Dian]]>;
<![CDATA[Yutye Imran, Suwitno]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.18351
<![CDATA[This study aims to determine the police's efforts in tackling the crime of child abuse, and to find out the factors that hinder the police in handling cases of child abuse in the jurisdiction of the Bone Bolango Police. The type of research used is empirical research with a case approach. The results of the study show that the police's efforts to deal with criminal acts of child molestation are carried out through preventive and repressive efforts. Preventive efforts are anticipating sexual immorality by providing legal counseling, the negative effects of promiscuity among students, and carrying out raids or patrols to ensure a sense of security in society. Repressive efforts, namely by disclosing the occurrence of criminal acts of obscenity by conducting investigations,]]>
<![CDATA[The Crime of Land Grabbing from a Criminological Perspective ]]>
<![CDATA[Ahmad, Moh. Nur Sidik]]>;
<![CDATA[Puluhulawa, Moh. R. U]]>;
<![CDATA[Achir, Nuvazria]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24184
<![CDATA[This research aims to determine the factors behind the criminal act of land grabbing in the jurisdiction of the Gorontalo Regional Police. The type of research used is empirical legal research with a qualitative approach. The results of the research show that the factors behind the occurrence of criminal acts of land grabbing in the jurisdiction of the Gorontalo Regional Police are; Firstly, economic problems that force someone to commit acts of seizing and taking away the rights of other people, whether they are close or related or not. Second, the condition of abandoned land, namely people's ignorance of the assets they own. Third, lack of legal awareness, and fourth, land remains fixed while the population increases, which indicates a condition where population growth is increasingly rapid so that numbers increase and production of fixed land areas even decreases. Conflicts in the land sector are driven by interests so one of the parties even commits criminal acts in the land sector.]]>
<![CDATA[A Comparative Study Of The Implementation Of A Closed Proportional System In The Perspective Of A Country With A Presidential System ]]>
<![CDATA[Kolopita, Kurnia Ningsih Kolopita]]>;
<![CDATA[Rahim, Erman I.]]>;
<![CDATA[Ahmad, Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24858
<![CDATA[This research aims to analyze the comparison of the implementation of a closed proportional system between Indonesia and countries that adhere to the presidential system through normative research methods with a fact approach and conceptual approach. By using the theory of elections, the theory of political parties and the theory of justice. Legal materials are collected through literature study and then analyzed and compared based on the object of research. The results of this study found several differences in the implementation of proportionality systems in several countries such as Mexico, Brazil and Argentina, each of which applies a proportional system based on the needs and conditions of the country.]]>
<![CDATA[Obstacles in Preventing Action Against a Gambling Crime ]]>
<![CDATA[Hida, Rian Yunus]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.18279
<![CDATA[Abstract: This study aims to determine precautions Against A Gambling Crime. The method in this research is empirical research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study are precautions against gambling crimes committed by the police are that the public hide information related to these crimes, insufficient evidence, and a lack of investigative resources. Some of these points in general can provide obstacles for law enforcers in carrying out their duties and responsibilities. In carrying out these duties and authorities, the Indonesian National Police always acts based on legal norms and respects religious norms, decency, decency, and upholds human rights. The public should not be secretive and be more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live, ]]>
