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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. 3 OCTOBER 2024" : 20 Documents clear
Determination of Marriage Dispensation at Gorontalo Religious Court in Accordance with the Child Protection Law No. 35 of 2014 Hidayat, Hidayat; Wantu, Fence M.; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29567

Abstract

This study examines marriage dispensation at the Gorontalo City Religious Court through the lens of Law No. 35/2014 on Child Protection. Marriage dispensation, while rooted in Indonesia's religious and cultural norms, often conflicts with the Child Protection Law, which prohibits child marriage and sets strict exceptions. Using qualitative methods, including document analysis and interviews with court officials and stakeholders, the study found discrepancies between court practices and legal provisions. Socio-cultural factors such as traditions, economic pressure, and the role of religious leaders influence dispensation decisions. Furthermore, limited understanding of child protection laws among court officials exacerbates these issues. The research highlights challenges in aligning religious and national laws and their implications for children's rights. It recommends training for court officials, clear operational guidelines, and stronger collaboration between religious and government institutions to ensure marriage dispensation aligns with child protection objectives in Gorontalo City.
Legal Capacity of Afghanistan After the Succession of Government by the Taliban Akbar, Muhammad
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.18508

Abstract

The purpose of this study is to examine how the legal capacity of Afghanistan after the succession of government by the Taliban. This research uses a normative legal research type with a statutory approach (statute approach) and also a historical approach (historical approach). The research results show thatthe phenomenon that occurs in Afghanistan is the succession of government, so basically the principle used is the principle of continuity, so that even though there are changes internally from the Afghan state in the government system, the country is still bound by rights and obligations according to international law. This is as stated in article 11 of the 1978 Vienna Convention which explains that a change in the government of a country does not affect the boundaries set in the agreement and also the rights and obligations set by an agreement. 
The Imposition of Criminal Sanctions for Embezzlement Viewed From Comparative Analysis Vista Lestari, Novia
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.18353

Abstract

The purpose of this study was to find out the comparative imposition of sanctions on the crime of embezzlement at the Limboto District Court and the implications of the crime of embezzlement in office. The type of research used is normative legal research, with statutory and case approaches. Comparative of the imposition of sanctions and the way the judge applies the decision, namely the judge gives a very light decision on Decision Number 151/Pid.B/2019/PN.Lbo with the relief that the defendant is 8 months pregnant and there is government regulation No. 32 of 1999 in Article 20 Pregnant women convicts while in the penitentiary the detention of pregnant women prisoners is not made and the judge in implementing the decisions in both cases takes decency in the trial to lighten his decision.
Role of Prosecutors in Maximizing Fine Payments by Corruption Convicts at Boalemo Prosecutor's Office Bahua, Salwa Salsabilah
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29760

Abstract

The handling of corruption crimes aims not only to punish perpetrators but also to recover state losses through fines and restitution payments. In this context, prosecutors play a strategic role as executors of court decisions, ensuring the enforcement of fine payments by convicted corruption offenders. This study aims to analyze the role of prosecutors in maximizing fine payments by convicted corruption offenders at the Boalemo District Prosecutor's Office. The research employs a juridical-empirical method with a qualitative approach. Data were collected through interviews with prosecutors, document reviews, and direct observation of corruption cases handled by the Boalemo District Prosecutor's Office. The findings reveal that prosecutors play a crucial role in asset tracing, seizure, and auctioning to enforce fine payments. However, this role faces several challenges, such as limited resources, hidden assets by convicts, and weak inter-agency coordination. The study concludes that the effectiveness of prosecutors' roles can be enhanced through proactive approaches in asset tracing, the use of technology, and cross-agency cooperation at both national and international levels. With a more integrated strategy, the Boalemo District Prosecutor's Office can optimize state loss recovery and create a deterrent effect for corruption offenders.
Challenges Faced by PPNS, BPOM, and the Indonesian National Police in Addressing Illegal Cosmetic Cases in Gorontalo Mohamad, Meliyanti; Yutye Imran, Suwito; Z. Mamu, Karlin
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29741

Abstract

This study aims to examine the roles of PPNS investigators, BPOM, and the Indonesian National Police (Polri) in addressing the crime of illegal cosmetic distribution in Gorontalo, as well as the challenges faced by PPNS BPOM and Polri investigators in handling such cases. This research is an empirical legal study conducted at the Balai Besar Pengawas Obat dan Makanan (BPOM) office in Gorontalo and the Gorontalo City Police Station (Polresta Gorontalo Kota). The data sources for this study include both primary and secondary data. Data collection techniques involved interviews and data gathering. The collected data were then analyzed descriptively using qualitative methods. The research findings indicate that, firstly, the role of PPNS BPOM, particularly within the BPOM agency, encompasses the authority to conduct investigations and inquiries into cosmetic-related violations. However, they do not possess the authority to carry out arrests. In contrast, Polri investigators are responsible for executing legal actions such as arrests, detentions, searches, and the seizure of evidence. Additionally, they serve as coordinators in the investigation of specific cases. Secondly, the challenges faced by PPNS BPOM include a shortage of investigators, with only two personnel available, which hinders the investigative process. Meanwhile, Polri investigators encounter limitations due to inadequate laboratory facilities, which impede investigations that require laboratory-verified evidence.
Informed Consent in Dental Services: A Perspective on Medical Law in Indonesia Suleman, Faraliza Zakia; Cherawaty Thalib, Mutia; Aprilia Kaluku, Julisa
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29132

Abstract

Informed consent is a crucial component of dental services, designed to protect patient rights and minimize legal risks for dentists. In Indonesia, despite regulations being established through various laws, the implementation of informed consent faces several challenges, including low patient literacy, inconsistent information practices, and gaps in regulation and supervision. This study employs a normative approach, analyzing relevant regulations, examining case studies of legal disputes, and reviewing pertinent literature. It also explores the practices of informed consent in developed countries such as the United States and Australia to identify strategies that can be adapted to the Indonesian context. Additionally, the research investigates cultural, technological, and literacy-related barriers that impact the implementation of informed consent. The study's findings reveal that, although regulations regarding informed consent are in place, their practical application remains inadequate. Major obstacles include the absence of specific guidelines for dentistry, limited legal awareness among dentists, and a paternalistic cultural mindset. Furthermore, inadequate documentation of informed consent often creates loopholes that can lead to legal disputes. Based on these findings, the study recommends strengthening existing regulations, developing national guidelines tailored to the dental profession, providing legal training for dentists, and enhancing public health education. It also proposes the use of technology, such as digital applications, to support more effective documentation and information dissemination. These improvements aim to ensure that the practice of informed consent in Indonesian dentistry meets legal, ethical, and patient-centered standards comprehensively
Enforcement of Unlicensed Pharmaceutical Distribution: Obstacles, Solutions, and Prosecutor's Perspective Fitrah Papiah, Gisella Dhea; U. Puluhulawa, Moh Rusdiyanto; Achir, Nuvazria
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29129

Abstract

Cracking down on the circulation of pharmaceutical preparations without a distribution permit is a serious challenge for the prosecutor's office in Indonesia, given its negative impact on public health and the legal system. This article aims to analyze the obstacles faced by prosecutors in handling illegal pharmaceutical cases and offer strategic solutions to strengthen the effectiveness of law enforcement. The research was conducted using normative juridical methods with conceptual and legislative approaches to evaluate the applicable legal framework, institutional roles, and regulatory relevance to the practical needs of law enforcement. The results of the study revealed that the prosecutor's office faces various obstacles, including a lack of technical understanding by prosecutors related to health law, weak coordination with institutions such as the Food and Drug Supervisory Agency (BPOM) and the police, and limited infrastructure such as accredited forensic laboratories. In addition, existing regulations are considered inadequate in providing a deterrent effect, considering that light sanctions are often not proportional to the negative impact caused by the circulation of illegal pharmaceuticals. This is exacerbated by low public participation in reporting violations and monitoring the distribution of illegal pharmaceutical products. To overcome these obstacles, this study recommends several strategic measures, including strengthening technical capacity through special training for prosecutors, establishing a specialist unit in the prosecutor's office, and integrating coordination between institutions through clear cooperation protocols. Another solution is the use of information technology to create an integrated supervision system, as well as regulatory revisions that tighten sanctions for illegal pharmaceutical actors. This study concludes that strengthening the role of the prosecutor's office requires a comprehensive approach, including institutional reform, cross-sectoral collaboration, and public education. The results of this research are expected to make a practical and academic contribution in improving the effectiveness of law enforcement in the pharmaceutical sector and protecting public health in a sustainable manner.
The Closed Proportional System in the Election of Legislative Members in Indonesia Rauf, Dicky Andika
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29566

Abstract

As a country with a representative democracy system, Indonesia regularly holds legislative elections. Since its independence, Indonesia has used two electoral systems: the closed proportional system and the open proportional system. In 2023, there was a debate about shifting from the open proportional system back to the closed proportional system. This issue is the focus of this study. Using normative research methods and qualitative analysis of literature, the author identified the reasons behind this shift. The main concern is the conflict with the constitution. Other weaknesses of the open proportional system include high costs, long execution times, money politics, and corruption risks. The closed proportional system is considered more efficient in terms of costs, time, competition quality, and candidate quality. However, its main issue is public distrust of political parties. Despite its benefits, the closed proportional system is not yet suitable for Indonesia's current situation.
Comparison of Inheritance Rights for Muslim Heirs in Indonesia and Malaysia: Islamic Law Perspective and Its Implementation Firmansyah A, Debri
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29303

Abstract

This study discusses the comparison of the granting of inheritance rights for Muslim heirs in Indonesia and Malaysia based on the perspective of Islamic law and its implementation in the national legal systems of each country. Islamic inheritance law in Indonesia is regulated in the Compilation of Islamic Law (KHI), the implementation of which is influenced by cultural diversity and the legal options given to the community. Meanwhile, in Malaysia, Islamic inheritance law is implemented through the Sharia Court which has exclusive jurisdiction to resolve inheritance cases for Muslims. This study uses a qualitative method with a descriptive-comparative approach to analyze the similarities and differences in the regulation and implementation of Islamic inheritance law in both countries. The results of the study show that although both countries base their inheritance law systems on sharia principles, differences in institutional structures and socio-political contexts result in variations in the implementation of the law. This study also identifies the challenges faced, such as differences in legal interpretation and conflicts between heirs, and provides recommendations to improve harmonization and efficiency in the implementation of Islamic inheritance law in Indonesia and Malaysia
Extrajudicial Killing By the Rodrigo Duterte Regime in the Philippines From an International Law Perspective Paputungan, Sarah Nabila
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.18393

Abstract

This study aims to determine the regulation of narcotics in the Philippines according to the National Police Commission, National headquarters Philippine National police Office of the Chief, PNP About Command Memorandum Circular No.16-2016, and analyze how Access to Justice in the perspective of international law against Crimes Against Humanity by President Rodrigo Duterte. The research method used is a normative legal research method with statutory approaches (Statute Approach) and case approaches (Case Approach). The results of the study show that the Extrajudicial Killing that occurred in the Philippines by the Rodrigo Duterte regime contradicts the provisions of Command Memorandum Circular No. 16-2016 concerning the PNP Anti Illegal Drugs Campaign Plan-Project "Double Barre" which regulates the procedures for implementing the War on Drugs agenda by Philippine President Rodrigo Duterte. Even though the Philippines' status in the 1998 Rome Statute became a non-state party, the ICC still has jurisdiction because this act of extrajudicial killing occurred before the Philippines withdrew from the 1998 Rome Statute, the court first issued a Preliminary Examination examination. 

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