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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. 6 NO. 1 FEBRUARY 2024" : 20 Documents clear
Legal Protection Efforts for Women Victims of Dating Violence by Gorontalo City Police Resort Yusuf, Sakila Rahmania; Puluhulawa, Fenty U.; Mandjo, Julius T.
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.25498

Abstract

The purpose of this research is to find out how legal protection efforts against women victims of dating violence by the Gorontalo City Resort Police. The research method used in this research is empirical research method with qualitative approach. The result of this research is that the high number of violence is a concern for the wider community, especially the number of violence in dating relationships for unmarried women is quite alarming lately. The 2016 PPA symphony states that of the 10,847 perpetrators of violence, 2,090 perpetrators were boyfriends/friends. Dating violence is an act of violence against a partner who is not yet married, including physical, emotional, economic violence and activity restrictions. This violence is a case that often occurs after domestic violence, but still does not get the spotlight compared to domestic violence, so sometimes it is still overlooked by victims and perpetrators.
Factors for Prospective Grooms Committing Identity Falsification in Marriage in Boliyohuto Sub-District Pakaya, Siti Nuraisyah; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24774

Abstract

The purpose of conducting this research is to find out what factors are the reasons for the prospective groom to falsify his identity in marriage in Boliyohuto District. The research method used in this article is to use empirical research methods by taking a qualitative approach. The results of this study show that in the case of a marriage annulment lawsuit at the Gorontalo Religious Court, there was one party who filed for annulment of her marriage on the grounds that her husband had falsified his identity so that she felt she had been lied to, claiming to be a virgin. After a week of having relations as husband and wife, the wife found out that her husband already had a wife and child so she sued for annulment of the marriage. As a result of the annulment of marriage that occurred in the case under study, the wife felt disadvantaged, which in law violates Article 27 paragraph (2) of Law Number 1 of 1974 concerning Marriage which reads: "A husband or wife may file a petition for annulment of marriage if at the time of marriage there is a misconception about the husband or wife".
Analysis of the Legal Strength of Using Closed Circuid Television in Proving Crimes of Theft Handika, Ahmad; Puluhulawa, Jufryanto
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24187

Abstract

This research aims to determine the legal strength of the use of closed circuit television in proving criminal acts of theft. This research is normative legal research with a statutory approach and a conceptual approach which is then formulated systematically so that it provides an overview and is processed by researchers using descriptive analysis techniques. The results of the research show that the use of CCTV (closed circuit television) recordings in general crimes as electronic evidence cannot be used as stand-alone evidence in the Criminal Procedure Code because the Criminal Procedure Law only recognizes five tools. evidence as contained in Article 184, added to the evidence using the Negatief Wettelijk theory of evidence where the judge may only pass judgment based on valid evidence by the provisions in the Criminal Procedure Code for general crimes
Legal Consequences of Selling Expired Snack Products by Changing the Production Date Label Conducted by Business Actors Syaus, Fanisa Oktaviani; Abdussamad, Zamroni; Elfikri, Nurul Fazri
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.25204

Abstract

The purpose of this study is to describe the legal consequences of the sale of expired snack products by changing the production date label carried out by business actors. The research method used in this article uses normative research methods by conducting a library study approach. The results of this study are the case of changing the expiration date label on food packaging, as well as other regulations that are relevant to the case, namely Permendag No.25 of 2021 concerning the Determination of Goods that are Required to Use or Equip Indonesian Language Labels and PP No.69 of 1999 concerning Food Labels and Advertising. In MOT 25/2021, it is explained in Article 1 Paragraph (1) that, with this Ministerial Regulation, goods that are obliged to use or complete Indonesian language labels are determined. Then in Article 2 Paragraph (1) of Government Regulation of the Republic of Indonesia Number 69 of 1999 concerning Food Labels and Advertising, it is stated that, Every person who produces or imports packaged food into the territory of Indonesia for trading is obliged to include a label on, in, and or in food packaging. So, from the explanation above that the use of labels on food products is very important because it provides clear information about the product, whether it is still suitable for consumption or not, so the use of labels must be included. therefore, the replacement of production and expiration date labels on snack and snack food packaging can have a negative impact on society, especially on children who often consume these foods. This can also jeopardize human safety and health, in accordance with the principle of consumer safety and security, which ensures that people can use, use, and use the goods or services they consume or use.
The Effectiveness of The Role of the National Narcotics Agency in the City of Gorontalo in Preventing Drug Distribution Isa, Mohamad Rizky; Puluhulawa, Irlan
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.17485

Abstract

This study aims to identify and analyze the role of the Gorontalo City National Narcotics Agency (BNN) in preventing drug trafficking from the perspective of legal effectiveness and the challenges it faces. Using normative-empirical research with statutory and case approaches, the study finds that the legal framework and law enforcement factors are adequate but require increased capacity and resources. Facilities are sufficient but need laboratory upgrades. Community involvement must be strengthened, and deviant cultural behaviors among officials need elimination. Overall, the BNN's role is effective, but enhancements in these areas are necessary. Challenges include low community participation, poor public understanding of narcotics regulations, and insufficient funding for eradication efforts.
Inhibiting Factors in the Prevention of Threatening Crimes in Paguyaman Pantai Sub-District Niuwa, Riyan; Aprilia Kaluku, Julisa
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.25297

Abstract

The purpose of this research is to identify the factors that hinder the efforts to overcome the criminal act of threatening. The research method used by the author in this research is an empirical research method by taking a qualitative approach. The result of this research is that the prevention efforts carried out by the police initiative aim to handle and prevent the occurrence of criminal acts in an area, especially in Paguyaman Pantai Sub-district. However, countermeasures and prevention efforts are not only the responsibility of law enforcement officials, but can also be carried out by all members of the surrounding community. In Law Number 2 of 2002 concerning the Indonesian National Police, the roles and responsibilities of police officers are explained in accordance with the provisions in Article 13. In his case, the threats used included defamation through oral or written means, as well as threats to reveal secrets. The perpetrator also forces a person to give goods, in whole or in part, which belong to that person or another person. These threats also include attempts to get the person into debt or to cancel a debt.
Legal Protection Of The Gorontalo City Police Against Debtors Who Transfer Fiduciary Vehicles Without The Consent Of The Fiduciary Recipient Puluhulawa, Sitty Masitha Syeila; W. Badu, Lisnawaty; Meiske Kamba, Sri Nanang
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24193

Abstract

The purpose of writing this article is to determine the efforts that can be prevented by the police against fiduciary acts in the transfer of fiduciary objects in the jurisdiction of Gorontalo City. The method used in this study is to use empirical research methods with a qualitative approach. HasiL research on this case fiduciary receiver or 2nd party raises the issue of the possibility of a crime in the field of fiduciary. This event is where the 2nd party makes a car loan at a financing company or individual with an installment payment system in accordance with the agreement specified in the agreement and for a certain time. In fact, after the credit agreement is running, the 2nd party (fiduciary recipient) does not perform its obligations as agreed between the twelve fiduciary parties to the fiduciary recipient to pay the installments, but resells the goods that are the object of fiduciary security to the 3rd party without the knowledge of the 3rd party whose vehicle is still in the installment financing 2nd (fiduciary recipient) to the First party (fiduciary giver).
Legal Protection Against Auction Prices of Goods Through Instagram in Review of Law Number 8 of 1999 concerning Consumer Protection of Goods and Services Pulumoduyo, Anggun; Abdussamad, Zamroni; Elfikri, Nurul Fazri
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.25941

Abstract

the purpose of this research is to find out the legal protection of auction prices of goods through Instagram in review of law number 8 of 1999 concerning consumer protection of goods and services. The research method used in this research is normative research method with qualitative approach. The results of this study Selling or conducting auction activities through social media instagram is not legal because there are no regulations governing and not in accordance with the regulations for the implementation of auctions in Indonesia. Whether through class I auction officials or class II auction officials who do not use the auction hall remains invalid. If this phenomenon occurs, there is a risk, if the loss is no legal protection because the auction via social media instagram does not provide legal certainty. In the Minister of Finance Regulation No. 213 / PMK.06 / 2020 concerning Guidelines for the Implementation of Auctions, there is no legal protection that can be given to Instagram auction accounts. This case the perpetrator clearly violates consumer rights, one of which is stated in Article 4 of the Consumer Protection Law "the right to choose goods and / or services and to obtain these goods and / or services in accordance with the exchange rate and the conditions and guarantees promised and the right to correct, clear, and honest information about the conditions and guarantees of goods and / or services." In Article 7 of the Consumer Protection Law "Provide correct, clear and honest information about the conditions and guarantees of goods and / or services and provide explanations for use, repair and maintenance, Treat or serve consumers correctly and honestly and non-discriminatory, and provide compensation, compensation and / or replacement if the goods and / or services received or utilized are not in accordance with the agreement."
Is It Possible for Children with Dual Citizenship to Get Inheritance Rights in Indonesia? Massie, Fitri Hidayah
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.18295

Abstract

This study aims to determine and analyze how the legal settlement process in Indonesia is related to the inheritance rights of children with dual nationality. Researchers use normative juridical research. The analysis technique used is descriptive analysis, namely by analyzing by describing the regulations related to the position of inheritance rights of children with dual nationality. The results of this study are that Indonesia does not yet have special rules regarding the Inheritance Rights of Children with Dual Nationality, especially in International Civil Law which explains that the regulation of inheritance law follows the national law of the heir. Therefore, couples who enter into a mixed marriage must pay more attention to what impacts will be faced in the future if this event occurs because Law Number 12 of 2006 concerning Citizenship also only regulates the status of children from mixed marriages, namely children will be given the privilege of having limited dual citizenship and then when they are 18 years old the child is free to choose whether to follow the citizenship of the father or mother, regarding other rights the law in Indonesia has not regulated clearly
Law Enforcement against the Crime of Threatening in Paguyaman Pantai Sub-District Niuwa, Riyan
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.26152

Abstract

The purpose of this study is to understand how law enforcement against criminal acts of threatening in the coastal paguyaman sub-district. The research method used in this research is empirical research method using qualitative method, an approach that produces information in the form of information, described in writing, and associated with other data to obtain a more comprehensive understanding of the reality that occurs. The results of this research show that not all cases of criminal threats can be resolved through mediation; selection of cases to be handled needs to be done. Police at Paguyaman Pantai Police Station first evaluate the impact on the victim of the case. If the case is considered minor and can be mediated, the police will try to resolve it through mediation. However, cases involving repeat offenders are not suitable for mediation. Mediation also depends on the willingness of the victim, as the final decision remains with the victim, while the police can only try to encourage it. In this case, the police use their discretion to facilitate penal mediation, acting as a mediator between the two parties. When the victim and the offender agree to mediation, the role of the police as mediator is to connect them and help formulate goals so that an agreement can be reached.

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