cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad
Contact Email
estudiante02lawjournal@gmail.com
Phone
+6281213569044
Journal Mail Official
ahmad_wijaya@ung.ac.id
Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo
Location
Kota gorontalo,
Gorontalo
INDONESIA
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
 1   2 
Search results for , issue "VOL. 7 NO. 1 FEBRUARY 2025" : 20 Documents clear
Fixed-Term Employee Layoffs: A Repercussion of the Company's Sustained Financial Losses Chusmayanti, Amalia Destyna; Khayatudin, Khayatudin; Yoel, Siciliya Mardian
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.16571

Abstract

Progress in a company, entrepreneurs need workers to be able to help the company operate and make a profit . In reality, sometimes problems and financial crises are also experienced by companies. Suppose the company experiences continuous losses and is unable to pay the wages of all employees so that the company takes steps to reduce the number of its employees. The existence of a Fixed-Term Employment Agreement (PKWT) where the general term is contract workers, is considered very profitable. The Manpower Law Number 13 of 2003 and the Job Creation Law Number 11 of 2020 have regulated the workforce and termination of employment (PHK). The weakness of this law results in uncertain laws that require workers to accept layoffs. Can a company lay off workers because of continuous losses in the company and how are the regulations for workers' rights for a certain period after being laid off in the perspective of Government Regulation number 35 of 2021. There are also the results of this study, namely that companies that continue to experience losses for 2 consecutive years are allowed to lay off workers, but with this regulation, companies cannot be arbitrary in carrying out layoffs, and workers are bound by work agreements at a certain time according to the rules set by the government must receive compensation if the worker is laid off. The rules that have been set so far are not biased towards workers, which gives companies or employers the freedom to lay off workers.
Protection of Heirs' Rights in the Transfer of Inheritance without Agreement Dango, Novita
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30633

Abstract

This study aims to analyze the protection of heirs' rights in the transfer of inheritance that occurs without mutual agreement. Ambiguity in the division of inheritance often leads to disputes and conflicts among heirs, which can potentially damage family relationships. The methodology used in this study is a qualitative approach with a juridical analysis of civil law and religious law regulations, particularly Islamic inheritance law (fiqh waris), as well as various dispute resolution mechanisms accessible to heirs. In this context, Indonesian civil law provides guidelines for inheritance division based on applicable provisions, while Islamic law offers more detailed portions for division according to fiqh waris. This study also emphasizes the importance of a will as a tool to avoid conflicts by providing clear instructions on how the inheritance should be divided. The findings of the study indicate that although there are regulations governing inheritance division, the practice of transferring assets without agreement still causes injustice and prolongs disputes among heirs. Therefore, protective measures for heirs' rights, such as mediation, will creation, and dispute resolution through legal channels, are necessary to ensure fair inheritance division and avoid the abuse of heirs' rights. Overall, this study underscores the importance of wisely resolving inheritance disputes based on applicable laws to maintain family harmony and fairly protect heirs' rights
Juridical Analysis of Judges Legal Considerations on the Reconvention Lawsuit for Transfer of Property Certificates Pagari, Fidya Maulidiani; Cherawaty Thalib, Mutia; Fazri Elfikri, Nurul
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30559

Abstract

This research aims to analyze the legal considerations provided by the panel of judges in the reconventional claim case related to the transfer of the Certificate of Ownership (SHM) in a land sale transaction. Specifically, this study examines how the judges assess the evidence presented in the reconventional claim and how the legal procedures related to the transfer of SHM are applied in the case of Court Case Number: 8/Pdt.G/2023/PN.GTO. The method used is normative research with a statutory, case, and conceptual approach, utilizing primary legal sources such as laws, court decisions, and secondary legal materials like books and journals. The results of the study show that the judges rejected the plaintiff's lawsuit because it did not meet the formal and substantive requirements outlined in civil law, such as the absence of a valid sale agreement and the failure to include all parties involved in the sale transaction. Additionally, the plaintiff failed to prove whether the defendant had committed unlawful acts or breached the contract, which should have been the basis for the lawsuit. As a result, the judges granted the reconventional claim filed by the defendant, who argued that the plaintiff's lawsuit was legally flawed. This research highlights the importance of fulfilling both formal and substantive requirements in civil lawsuits, as well as providing valid evidence in disputes regarding the transfer of land rights. The legal considerations of the judges demonstrate the application of the principles of legal certainty and justice to ensure that the decision made aligns with the applicable legal provisions and is accountable.
Justice and Legal Certainty in Case of Novel Baswedan Tatang, Leonando S.
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.20728

Abstract

This study aims to determine justice and legal certainty in the case of Novel Baswedan. The legal research used in this paper is normative legal research using statutory and case approaches. Furthermore, using the technique of analysis of legal materials Interpretation. The study results show that the Novel Baswedan Persecution Case, Seen from the Perspective of Justice and Legal Certainty, is applied to Court Decision Number 372/Pid.B/2020/PN.Jkt.Utr. It has many irregularities, as is the case with the application of articles that do not have clear legal certainty or the application of articles that are not following what the defendant did. From a justice point of view, the public prosecutor's indictment did not reflect a sense of justice for the victim, where the defendant should have been subject to premeditated serious maltreatment. However, the public prosecutor was only subject to ordinary maltreatment. All stakeholders within the scope of law enforcement, including the police, public prosecutors, legal advisors, and judges, must represent the values and legal norms that apply to create legal certainty and justice for people who are dealing with legal proceedings, both as perpetrators and victims in general.
The Influence of Digitalization in Encouraging Crime: A Criminological Perspective Balqis, Ainun Agustina Atiqah; W. Badu, Lisnawaty
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.27964

Abstract

Digitalization has a significant impact on the increase in crime, especially through the phenomenon of criminal imitation models spread on the internet. This research aims to analyze the influence of digitalization on crime from a criminological point of view. The methodology used is a qualitative approach with a descriptive design and normative data collection techniques. The results showed that the development of digitalization triggered an increase in imitative criminal behavior, as shown by police data indicating an upward trend in crime in the last five years. Social media, especially TikTok, is the main platform for disseminating content that encourages imitation of criminal acts. These findings confirm the importance of strengthening regulations and prevention strategies to mitigate the negative impact of digitalization on criminal behavior
The Urgency of Religious Marriage Registration in Population Administration Regulations for Legalization and Granting Permits Palilati, Nur Fika; Kasim, Nur Mohamad; Abdussamad, Zamroni
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30521

Abstract

The purpose of this study is to further analyze the urgency of recording interfaith marriages in population administration regulations for legalization and licensing. The research method used is a normative legal research method with a statutory approach. The results of this study found that the registration of interfaith marriages is an important aspect to ensure the formal legality and protection of the civil rights of couples, such as inheritance rights, joint property, and child status. However, interfaith couples often face legal obstacles because population administration regulations do not explicitly accommodate interfaith marriages. As a result, they often have to resort to the courts to obtain legalization. The role of the court is crucial in granting permission for registration, although decisions vary depending on the interpretation of the judge. While some are successful, the process still poses legal and social challenges for couples.
Factor affecting Implementation Diversion To Child Perpetrator Action Criminal Distribution of Pornographic Videos in the Gorontalo Regional Police Mokodongan, Indryati; Puluhulawa, Fenty U.; Mamu, Karlin Z.
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30109

Abstract

This research aims For discussing the application of diversion for children who are perpetrators of the crime of distributing pornographic videos from the perspective of legal protection against children's rights as victims and causal factors . The method used in the research is legal empirical with qualitative descriptive data analysis that describes and explains data and field facts. The results of the study show that the application of diversion to children who are perpetrators of the crime of distributing pornographic videos, viewed from the legal protection of children as victims in Gorontalo, is basically to protect children as perpetrators of crimes and provide them with the opportunity to improve themselves and not affect their future. This is also one of the legal policies in the context of protecting children as perpetrators of pornography crimes. However, the implementation of diversion still has an impact on the existence of mental/psychological and physical pressure on children as victims. Therefore, from the aspect of protection for victims, the implementation of diversion in cases of the distribution of pornographic videos does not pay enough attention to the rights and mentality of the victim, because the perpetrator continues to distribute the video to his friends during the mediation process. However, the PPA unit of the Gorontalo Regional Police prioritizes the resolution of children's cases outside the court through this diversion and is the main choice in its resolution, on the grounds that there is no deviation from the requirements of diversion, namely criminal acts with a threat of less than 7 years and not a repetition of the crime. The factors that influence the implementation of diversion against children who are perpetrators of the crime of distributing pornographic videos at the Gorontalo Regional Police are the Intention of the Perpetrator and Family and economic capacity limitations; Lack of public understanding; and The absence of LPSK in Gorontalo thus hindering and influencing the provision of decisions on compensation that must be received by families and victims of the distribution of pornographic content in Gorontalo.
Efforts of the Office of Religious Affairs in Reducing Underage Marriage Rates Ramadhani S, Sufina Anugerah; Junus, Nirwan; Meiske Kamba, Sri Nanang
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30039

Abstract

Abstract: This study aims to examine the role of the Office of Religious Affairs (Kantor Urusan Agama or KUA) in reducing underage marriage rates and to identify the factors that hinder the execution of its duties. The research employs a qualitative approach with a descriptive method. Primary data were collected through in-depth interviews with KUA officials, community leaders, parents, and underage marriage participants, while secondary data were gathered from official documents, annual reports, and relevant literature. The findings reveal that KUA has implemented various measures to prevent early marriages, such as stringent administrative document verification, community outreach, and premarital counseling. However, KUA faces several challenges, including limited human resources, cultural resistance, and a lack of cross-sectoral collaboration, which hinder its effectiveness in combating underage marriages. This study recommends strengthening institutional capacity, enhancing cross-sectoral collaboration, and leveraging digital technology to support education and prevention efforts. With a holistic strategy and strong support from various stakeholders, underage marriage rates can be significantly reduced.
Conflict Resolution Efforts Linked to the Principle of Legal Certainty Umar, Mohamad Gusnal; Mohamad Kasim, Nur; Mustika, Waode
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.29974

Abstract

The social conflict in Pohuwato Regency, involving local communities and mining companies, reflects the tensions between formal law and customary values. This conflict is triggered by power imbalances, a lack of recognition for customary rights, and minimal transparency in natural resource management. This study aims to analyze the root causes of the conflict, evaluate the role of law in creating social justice, and identify solutions based on the principle of inclusive legal certainty. The research methodology employs a qualitative approach with data collection techniques including interviews, observations, and document analysis. The study's findings indicate that formal law often overlooks local norms, thereby exacerbating tensions between the community and companies. Resolving the conflict requires the integration of customary values into formal policies, transparency in mining management, and the establishment of independent mediation institutions involving all parties. Additionally, economic empowerment of the community and legal education are strategic steps to enhance the community's capacity to handle conflicts. The research recommendations include strengthening the government's role as a neutral facilitator, developing local policies based on community participation, and ensuring that companies commit to relevant social responsibility programs. In conclusion, resolving the conflict in Pohuwato can serve as a model for managing similar conflicts in other regions, while supporting social harmony and sustainable development.
Aspects of Victimology in Legal Protection for Victims of Grooming Pakaya, Arista
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30640

Abstract

This study aims to determine what forms of legal protection are available for victims of criminal acts of ganging up when viewed from the victimology aspect. This study uses the research method normative conducted by reviewing legal facts in the field as well as theories, concepts, laws and so forth related to this research. The results of the study indicate that victim protection must be given both physical suffering and losses to their property as intended by the Victimology study by considering the elements contained in the criminal act of assault in the Criminal Code. In the concept of the principle of benefit, the principle of justice, the principle of balance and the principle of legal certainty which demands that all forms of protection must be provided fairly and in balance which guarantees legal certainty.

Page 1 of 2 | Total Record : 20

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue VOL. 7 NO. 3 OCTOBER 2025 VOL. 7 No. 2 JUNE 2025 VOL. 7 NO. 1 FEBRUARY 2025 VOL. 6 NO. 3 OCTOBER 2024 VOL. 6 NO. 2 JUNI 2024 VOL. 6 NO. 1 FEBRUARY 2024 VOL. 5 NO. 3 OCTOBER 2023 VOL. 5 NO. 2 JUNI 2023 VOL. 5 NO. 1 FEBRUARY 2023 VOL. 4 NO. 3 OKTOBER 2022 VOL. 4 NO. 2 JUNI 2022 VOL. 4 NO. 1 FEBRUARI 2022 VOL. 3 NO. 3. OKTOBER 2021 VOL. 3 NO. 2 JUNI 2021 VOL. 3 NO. 1 FEBRUARI 2021 VOL. 2 NO. 3 OKTOBER 2020 VOL. 2 NO. 2 JUNI 2020 VOL. 2 NO. 1 FEBRUARI 2020 VOL. 1 NO. 3 OKTOBER 2019 VOL. 1 No. 2 JUNI 2019 VOL. 1 NO. 1 FEBRUARI 2019 More Issue