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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. 7 NO. 1 FEBRUARY 2025" : 20 Documents clear
Legal Analysis of Consumer Protection against Companies Not Fulfilling Consumer Obligations Yusuf, Athiyyah Safirazkiya
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.v7i1.29907

Abstract

: This study analyzes consumer legal protection against Commanditaire Vennootschap (CV) entities that fail to meet their obligations under Indonesia's Consumer Protection Law (UUPK). It examines challenges in implementing the UUPK and evaluates the effectiveness of legal sanctions in improving CV compliance. Using a qualitative approach, the research employs descriptive analysis and case study methods. Data were gathered from literature reviews, legislation analysis, case studies of CV violations, and interviews with legal experts, business operators, and consumers.  Findings highlight challenges, including limited awareness among CV operators of legal obligations, resource constraints, and low consumer awareness of rights. The effectiveness of UUPK sanctions is hampered by slow enforcement, lack of transparency, and inadequate law enforcement support. Despite administrative and criminal sanctions, these measures have yet to provide a significant deterrent effect, allowing violations to persist.  This study recommends a holistic approach to strengthen UUPK implementation. Key strategies include enhancing law enforcement capacity, providing continuous education for business operators and consumers, and offering incentives for regulatory compliance. Collaboration among government, institutions, business associations, and operators is essential to improve consumer protection and establish a fair, transparent, and sustainable business environment in Indonesia
Comparison of Division of Joint Property after Divorce in Indonesia and Malaysia Afrijal, Afrijal; Kharisma Radhityas, Nuryasinta
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.v7i1.29305

Abstract

This study compares the legal and regulatory frameworks for the division of joint property after divorce in Indonesia and Malaysia, and analyzes the social and economic factors that influence the process. In Indonesia, the division of joint property is regulated by Law No. 1 of 1974 on Marriage and Law No. 23 of 2004 on the Elimination of Domestic Violence, which accommodate the diversity of customary law and secular approaches. Meanwhile, in Malaysia, the division of joint property is more influenced by Sharia law integrated with the common law system, providing a more structured and consistent procedure for Muslims. The study also identifies social and economic factors such as gender roles, education level, economic conditions, employment status, cultural norms, and power dynamics in the marital relationship as key determinants of the division of joint property. The results show that although both countries have similar cultures and are predominantly Muslim, differences in the integration of Sharia and secular law as well as socio-economic factors create significant variations in the implementation of the division of joint property. To improve fairness and efficiency, it is recommended that Indonesia adopt Malaysia's more structured procedures, while Malaysia can take advantage of the flexibility of Indonesia's mixed legal system. This collaboration is expected to produce a system for the distribution of joint assets that is fairer, more consistent and more responsive to evolving social and economic needs
Protecting Migrant Workers' Rights in Overseas Work Accidents under Article 17(1) Permenaker No. 18/2018 Ardhiyanti, Fitri; Khayatudin, Khayatudin; Mardian Yoel, Siciliya
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.v7i1.16451

Abstract

This study examines the regulations governing work accident insurance claims issued by BPJS Employment, which serves as a stakeholder for Indonesian Migrant Workers (PMI) in their host countries. Often, PMIs encounter difficulties in claiming the Work Accident Insurance (JKK). The purpose of this research is to elucidate the procedures for filing work accident claims for PMIs. This study adopts a normative juridical method. The findings indicate that there are two stages involved in claiming JKK for PMIs in the host country. The first stage must be carried out within a maximum of seven days after the work accident occurs, accompanied by the required supporting documents. The second stage must be completed within a maximum of seven days after the worker has fully recovered. Furthermore, PMIs who are already in the host country but cannot claim their work accident benefits particularly those requiring treatment in Indonesia are entitled to compensation as stipulated in Article 17 paragraphs (2) and (4) of Minister of Manpower Regulation Number 18 of 2018
Distribution of Inheritance Regarding Child Adoption (Adoption) in Islamic Inheritance and Civil Law Hadiansyah, Andi Fakhrizal Irsam; Nuryasinta, Radhityas Kharisma
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.v7i1.29299

Abstract

The distribution of inheritance for adopted children in Islamic inheritance and civil law in Indonesia is a complex and multidimensional issue, reflecting the dynamics between the principles of religious law and the development of modern secular law. This study aims to analyze the position of adopted children in the Islamic inheritance system and civil law, and to identify the challenges and integrative solutions needed to protect their rights. The method used is qualitative with a descriptive-analytical approach, through literature studies, interviews with legal experts, and analysis of relevant laws and regulations. The results of the study indicate that traditional Islamic law does not automatically recognize adopted children as heirs, except through special mechanisms such as wills, while civil law provides greater flexibility by recognizing the inheritance rights of adopted children as equal to biological children. This difference gives rise to legal conflicts, especially in families that integrate the two legal systems. In addition to legal aspects, social and ethical factors such as cultural stigma also influence the acceptance of adopted children's inheritance rights. This study recommends harmonization between Islamic law and civil law through legal reform and constructive dialogue between stakeholders, as well as increasing education and public awareness regarding the rights of adopted children in inheritance. Thus, it is hoped that a more just and inclusive legal system will be created, which is able to protect the rights of adopted children while maintaining the basic principles of Islamic law.
Catcalling as a Human Rights Violation: An Examination of Law and Regulation in Public Spaces Antungo, Titin
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.v7i1.30754

Abstract

This research aims to analyze the legal aspects and social implications of catcalling as a form of human rights violation, as well as identify shortcomings in existing regulations to protect victims from verbal harassment in public spaces. The method used is a qualitative approach through the analysis of legal documents, literature review, and case studies of catcalling incidents in several major cities, which allows researchers to explore in-depth the public perception, cultural norms, and the application of laws related to sexual harassment. The research examines laws and regulations governing harassment and discrimination, comparing Indonesia's legal protection mechanisms with practices in other countries, to highlight weaknesses and opportunities for improvement in the national legal system. The results show that catcalling is a manifestation of human rights violations that undermine dignity, safety and gender equality, as the practice not only inflicts psychological trauma on victims, but also creates an atmosphere of insecurity in public spaces. The findings also indicate that while there is a legal framework on sexual harassment, its implementation and enforcement remain weak, influenced by social norms and gender stereotypes that consider such behavior as normal. Therefore, this study recommends reviewing existing regulations, raising public awareness through education, and implementing stricter legal sanctions, as strategic steps to address catcalling and realize an inclusive and safe social environment for all citizens
Comparison of Indonesian and South Korean Criminal Systems in Child Crime: Restorative Justice Review Abdullah, Nadia Rahmatiya
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.v7i1.30755

Abstract

This study explores the implementation of restorative justice in Indonesia's juvenile justice system, focusing on the challenges and opportunities for improving the rehabilitation of juvenile offenders. Restorative justice, a model that emphasizes repairing harm through dialogue and mutual agreement between offenders, victims, and the community, offers an alternative to punitive measures traditionally used in criminal justice systems. The research examines the legal framework provided by the Indonesian Juvenile Justice System under Law No. 11 of 2012 and its application in practice. Despite the positive intentions of the law, several obstacles hinder the effective implementation of restorative justice, including inadequate rehabilitation facilities, a lack of understanding and training among law enforcement officers, and a prevailing punitive culture within the judicial system. The study highlights the need for greater access to rehabilitation programs, comprehensive training for legal practitioners, and increased public awareness of the benefits of restorative justice. Additionally, it emphasizes the importance of including victim participation and family involvement in the restorative process to enhance its effectiveness. The findings suggest that, with the appropriate reforms, restorative justice can provide a more rehabilitative approach to juvenile crime in Indonesia, offering a pathway for young offenders to reintegrate into society and avoid the negative consequences of imprisonment
Corporate Legal Liability for Environmental Damage Utiarahman, Nuraisah Masita
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.v7i1.30768

Abstract

This study aims to examine the legal liability of companies for environmental damage and its implications for financing sustainable education. The main focus of this study is to understand how companies can contribute through Corporate Social Responsibility (CSR) programs that support sustainability based education initiatives, and to identify challenges and opportunities in their implementation. The method used in this study is a literature study, by reviewing various related regulations, including Law No. 32 of 2009 and Government Regulation No. 27 of 2012. This study also uses a qualitative approach to analyze the implementation of corporate CSR programs in the sustainable education sector, as well as the challenges faced in implementing this policy. This study found that corporate legal liability for environmental damage can be utilized to fund sustainable education through CSR. Companies can contribute by providing funds for curriculum development, environmentally friendly educational facilities, and training that increases environmental awareness. However, the main challenge found is the lack of clear regulations regarding the use of CSR funds for education that supports sustainability. Clearer policies are needed to ensure that corporate contributions are more focused and impactful
Fraud and Digital Crime: Challenges and Solutions in the Era of Blockchain Technology Sahwa Mointi, Nurul Ananda
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.v7i1.30794

Abstract

This study aims to identify the challenges in combating fraud crimes involving blockchain technology and explore effective solutions to address these issues. The research uses a descriptive qualitative approach with a case study. Data is collected through a literature review of relevant literature on blockchain, digital fraud, as well as regulations and policies implemented in various countries. The findings of this study reveal several key challenges in addressing fraud crimes involving blockchain. First, the anonymous nature of blockchain transactions makes it difficult to track and identify fraudsters. Second, the decentralized nature of blockchain reduces the role of central authorities in overseeing and controlling transactions. Third, the lack of clear regulations in several countries regarding the use of blockchain and cryptocurrency. Proposed solutions include the use of analytical technology, such as blockchain forensics, to track transaction traces, as well as strengthening regulations on cryptocurrency, including identity verification and reporting suspicious transactions. Additionally, education and digital literacy for the public are essential to raise awareness about digital fraud risks and provide a better understanding of how to protect oneself in the blockchain world
Notary Liability for Authentic Deed via Video Conference Tombiling, Marcella Natalia; Thalib, Mutia Cherawaty; Zulfikar Sarson, Mohamad Taufiq
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.v7i1.30795

Abstract

The creation of authentic deeds through video conferencing has become increasingly popular amidst technological advancements and the need to adapt to social distancing restrictions due to the pandemic. This study aims to identify the challenges and risks faced by notaries in the creation of authentic deeds online and to find solutions for maintaining the validity and integrity of the deeds. The method used is a descriptive qualitative approach with a case study, where data is collected through literature review and interviews with notaries and legal practitioners. The results of the study indicate that the main challenges in the creation of authentic deeds via video conferencing include technical issues, the difficulty of verifying identities without face-to-face interaction, and the risks of fraud or coercion of the parties involved. Proposed solutions include the use of secure identity verification technologies such as electronic signatures and biometrics, as well as the implementation of clearer regulations regarding online authentic deed creation. Additionally, the importance of maintaining process integrity by involving witnesses virtually and ensuring transparency is emphasized. This study concludes that although the creation of authentic deeds through video conferencing presents various challenges, with the proper application of technology and careful oversight, the resulting deeds remain valid and legally binding
Digital Privacy Crisis: Legal Protection of Social Media Users' Data in Indonesia's 2022 Law Lihawa, Rahmad
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.v7i1.30980

Abstract

This study analyzes the challenges in implementing Indonesia's Law Number 27 of 2022 on Personal Data Protection (PDP Law) and explores the roles of stakeholders in ensuring its effectiveness. The research identifies obstacles in the law's implementation and highlights how collaboration between electronic system organizers, the government, legal practitioners, and the public can improve personal data protection in the digital era. Using a qualitative approach with descriptive analysis, data is gathered from literature studies, legal documents, reports, articles, and interviews with legal professionals, regulators, and companies operating electronic systems. Content analysis is used to identify key issues related to the PDP Law’s implementation, challenges, and stakeholder roles. A comparative approach is also applied to evaluate how the PDP Law compares to other regulations, such as the EU’s GDPR. The findings indicate that while the PDP Law provides a solid legal framework, its implementation faces challenges, including limited resources at the Personal Data Protection Agency (BPDP), low public awareness, and inconsistencies between Indonesian policies and international platforms. Additionally, there are differing interpretations of personal data management policies between regulators and electronic system organizers. The study stresses the need for collaboration among stakeholders, increased legal education, and stricter supervision to ensure the law's effective implementation

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