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. 3 OCTOBER 2025" : 20 Documents clear
Legal Review on Marriage Dispensation and Its Impact on Children's Right to Education Kadir, Muthiara Afdillah; Talib, Mutia Cherawaty; Elfikri, Nurul Fazri
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34206

Abstract

This research examines the impact of marriage dispensation on fulfilling children's right to education within the jurisdiction of the Suwawa Religious Court. Marriage dispensation grants permission for marriage for minors, which has significant implications for children's education, particularly the risk of early school dropout. Empirical data reveals a high number of marriage dispensation requests involving students, potentially hindering children's access to quality education and the optimal development of their potential. Furthermore, this study highlights broader social consequences, including reproductive health risks, psychological pressure, and vulnerability to domestic violence, all of which threaten the well-being of children. From a legal perspective, although the regulation of Law No. 16 of 2019 and PERMA No. 5 of 2019 provides strict guidelines in the dispensation process, practical implementation still faces challenges in ensuring children's rights are heard and their best interests are prioritized. This situation calls for serious attention from the judiciary and relevant stakeholders. The study concludes the need for strengthening judges' capacity through training, legal assistance, and community education to change the social norms still influencing child marriage practices. A comprehensive policy recommendation is aimed at strengthening regulations, improving inter-agency synergy, and ensuring effective supervision to maximize the protection of children's educational rights. This study is expected to contribute to the development of child protection policies and enhance Indonesia's human resources in the future.
Legal Protection Mechanism for Pension Fund Beneficiaries Against Maladministration of Pension Payments Lihawa, Rahmad; Thalib, Mutia Cherawaty; Sarson, Moh. Taufiq Zulfikar
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34058

Abstract

This research discusses the legal protection mechanisms available to pension beneficiaries against maladministration in pension fund payments by partner banks of PT Taspen (Persero), specifically Bank SulutGo in the Gorontalo region. The background of this study stems from the fact that pension funds are a constitutional right of citizens, as stated in Article 28H paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and are also a form of social security guaranteed by Law No. 40 of 2004 concerning the National Social Security System. However, in practice, maladministration cases such as unilateral account blocking, transfer delays, and lack of transparency in information have been found, which cause retirees difficulties in accessing their entitlements. This study uses normative legal research methods with a statute approach and case approach, based on a study of banking regulations, consumer protection, and the social security system. The results of this research indicate that maladministration in pension fund payments can be categorized as a violation of consumer rights as regulated in Law No. 8 of 1999 on Consumer Protection and is contrary to the principles of prudence, transparency, and accountability in banking. The available legal protection mechanisms are divided into preventive measures, such as strengthening regulations and supervision, and repressive measures through internal complaints in banks, dispute resolution through the OJK and LAPS-SJK, up to civil lawsuits in court. However, challenges such as weak supervision, limited legal literacy, and the position of pensioners as vulnerable groups remain the main obstacles. Therefore, comprehensive legal protection needs to be strengthened, involving the government, PT Taspen, partner banks, and law enforcement agencies, to guarantee legal certainty, justice, and benefits for pension beneficiaries.
The Use of Digital Evidence in Law Enforcement Efforts in Human Trafficking Cases Djamadi, Noval; W. Badu, Lisnawaty; Towadi, Mellisa
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.33365

Abstract

This study aims to determine the efforts of law enforcement in using digital evidence to prove human trafficking cases in Indonesia. This study is a normative study analyzed descriptively qualitatively. The results of the study indicate that law enforcement efforts in utilizing digital evidence include digital data seizures, electronic communication tracking, digital financial transaction analysis, and the involvement of digital forensic experts in authenticating evidence submitted to the court. Although the national legal framework, such as the ITE Law and Law Number 21 of 2007, has recognized the validity of digital evidence, its implementation in the field still faces various obstacles both in terms of technical, regulatory, and human resources. Law enforcement officers still need to increase their capacity in handling digital evidence professionally and proportionally
A Study on the Implementation and Legal Protection of Electronic Land Registration in Gorontalo City Nur Khairia Podungge, Lini Lisa; Yutye Imran, Suwitno; Taufiq Zulfikar Sarson, Mohamad
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.32504

Abstract

This study aims to examine and analyze the implementation of the electronic land registration system at the National Land Agency (BPN) Office of Gorontalo City, as well as the forms of legal protection provided to land rights holders in the event of errors in the system. This research adopts a normative-empirical legal approach, utilizing statutory, conceptual, and case study methods. Primary data were obtained from the Gorontalo City BPN Office, while secondary data were sourced from legislation, literature, and relevant research findings. All data were analyzed using a descriptive-qualitative method. The findings indicate that the implementation of the electronic land registration system in Gorontalo City has generally been in accordance with the applicable regulations, although it still faces various challenges from both the public and the internal operations of the BPN. The registration process continues to adhere to the fundamental principles and objectives of land registration. Legal protection for land rights holders is provided optimally through a correction mechanism in cases of errors in physical or juridical data, referring to the land register stored at the land office. Furthermore, the security features of electronic certificates are considered adequate, difficult to forge, and capable of preventing overlaps or duplication of certificates.
Legal Aspects of Business Dispute Resolution through Alternative Out-of-Court Settlements Manopo, Jusril D.; G. Baharu, Wiranto
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.32439

Abstract

Legal aspects in business dispute resolution through alternative dispute resolution (ADR) play an essential role as they offer a more efficient, flexible, and lower-cost solution compared to litigation processes in court. Various ADR methods, such as mediation, arbitration, and negotiation, are governed by legal regulations aimed at ensuring fairness for all parties involved. Key legal aspects of ADR in Indonesia include the legal foundations in the Civil Code, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, and other related regulations. Mediation and arbitration have become preferred choices for business dispute resolution due to their time and cost efficiency, as well as their ability to preserve relationships between the parties involved. However, challenges in its implementation, such as the lack of public awareness, inconsistent application of legal provisions, and limited professional capacity of mediators or arbitrators, continue to hinder the optimal utilization of ADR mechanisms. Furthermore, the enforceability of ADR outcomes particularly arbitral awards often faces procedural barriers and resistance from parties unfamiliar with non-litigation solutions. Despite these obstacles, the development of ADR in Indonesia continues to show promise, supported by judicial encouragement and increasing inclusion in contractual clauses. In conclusion, strengthening the legal framework, enhancing professional standards, and promoting ADR literacy among stakeholders are crucial steps in advancing effective business dispute resolution outside the courtroom.
Juridical Analysis of Unregistered Marriages' Effects on Children's Legal Status and Civil Rights Ismail, Rifki; Mustapa, Agil
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.32282

Abstract

Unregistered marriages, commonly known as Nikah Siri, remain widespread in Indonesia despite conflicting with formal legal norms. Although religiously valid, such marriages do not provide legal protection for women and children born from these unions. This paper aims to examine the legal consequences of unregistered marriages on the status and rights of children. Using a qualitative descriptive method with statutory and case study approaches, this research analyzes legal protections available to children from these marriages. The study finds that Constitutional Court Decision No. 46/PUU-VIII/2010 enables children born out of wedlock to establish civil relations with their biological fathers if scientifically proven. The findings reflect a shift in legal perspective toward a more humanistic and justice-oriented approach in protecting children’s rights.
Challenges in the Implementation of Consumer Legal Protection in Indonesia: A Case Study on Regulatory Gaps and Enforcement Issues R.Tomelo, Aprillia
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.31673

Abstract

Legal protection for consumers is important in maintaining consumer rights in the market. The purpose of this study is to analyze the form of legal protection provided to consumers and the obstacles faced in its implementation. The method used is a descriptive approach with a case study, where data is collected through observation and interviews with consumers and business actors. The results show that although there are regulations governing consumer protection, there are still obstacles in its implementation, such as lack of consumer awareness and weak supervision from the authorities. Effective legal protection is needed to ensure fairness and consumer welfare in economic transactions.
Juridical Analysis of a Criminal Offense Involving Sexual Intercourse with a Child Djabar, Oktavia
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.31347

Abstract

This study aims to analyze the juridical aspects of criminal offenses involving sexual intercourse with a child, particularly within the framework of Indonesian criminal law. The objective is to understand the legal foundations, application of statutory provisions, and legal consequences imposed on perpetrators. The research employs a normative juridical method with statutory and case approaches, focusing on the analysis of legal norms and court decisions to assess how these laws are implemented in practice. The findings reveal that such offenses are governed by the Indonesian Penal Code (KUHP) and Law No. 35 of 2014 on Child Protection. In practice, challenges include inconsistencies in sentencing, evidentiary barriers, and the psychological vulnerability of victims. This study underscores the need for a firmer and more consistent application of the law to ensure justice and deterrence. The novelty of this research lies in its critical examination of judicial reasoning in selected verdicts, exposing gaps and disparities in legal interpretation and sentencing. This analysis contributes to the discourse on child protection by offering legal insights that promote uniformity and fairness in handling such cases. In conclusion, the study recommends reforms in judicial practices, the implementation of child-friendly legal procedures, and stronger enforcement of sentencing guidelines to better safeguard children’s rights.
Juridical Review Of Fine Art Works Created Using Artificial Intelligence Technology Art Generator D. Matona, Marshanda Adella; Almoravid Dungga, Weny; Fazri Elfikri, Nurul
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.31295

Abstract

This study examines legal challenges surrounding AI-generated artworks, focusing on copyright protection in Indonesia. AI art raises concerns about authenticity and ownership, prompting an analysis of existing copyright laws through a normative juridical approach and literature review. Findings show that many AI-created works fail to meet originality criteria under current laws, exposing regulatory gaps. The study also addresses issues with using copyrighted works as AI training data, particularly regarding royalties and protection on social media. Results highlight insufficient policies for creators and developers, emphasizing the urgent need for clearer legal frameworks to safeguard rights and support fair AI use in creative fields.
Assessing the Effectiveness of the Enforcement Mechanisms for Electoral Offenses in Indonesia Mantali, Rinoldi
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.31251

Abstract

This study aims to assess the effectiveness of enforcement mechanisms for electoral offenses in Indonesia. The main issues examined are the extent to which the current system can effectively address violations and the challenges faced in its implementation. This research adopts a socio-legal approach using qualitative methods, including literature review, legal analysis, and case studies of electoral violations. The findings reveal that the enforcement system continues to face several obstacles, such as overlapping institutional mandates (between Bawaslu, the police, and the prosecution), limited resources, and weak coordination and consistency in applying sanctions. These factors contribute to a lack of deterrent effect, allowing violations to persist across election cycles. The study recommends strengthening inter-agency coordination, restructuring the legal framework, and enhancing institutional capacity to establish a more effective and credible enforcement system for electoral justice.

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