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Deconstruction of the Purpose of Marriage in the Legal Perspective in Indonesia Hasan, Rifal; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31012

The childfree phenomenon, which refers to the decision of couples not to have children despite being married, is increasingly growing in Indonesia, presenting challenges in both social and legal aspects. This study aims to examine the factors driving couples to choose the childfree lifestyle, including awareness of personal well-being, economic challenges, environmental consciousness, and health reasons. Additionally, this research seeks to explore the social views that still consider marriage without children as a failure, as well as how Indonesian law, particularly Law No. 1 of 1974 on Marriage, provides space for couples to choose whether or not to have children. The method used is a descriptive qualitative approach, with data collection through literature studies and in-depth interviews with couples who choose to live childfree, as well as legal practitioners. The results of the study show that while Indonesian law does not force married couples to have children, social pressure based on traditional norms still remains strong, perceiving marriage without children as a failure. However, as times progress, more couples are choosing the childfree path, and society, especially in major cities, is becoming more open to this choice. This research suggests that Indonesian law should be more inclusive in accommodating such life choices and educate society to better respect individual freedom in determining their own life path. The childfree phenomenon prompts further reflection on the meaning of family, happiness, and marriage in modern society.

The Role of the State Administrative Court as a Control Mechanism Over Government Administration Akuna, Sandrawati
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31024

The State Administrative Court (PTUN) plays a central role in upholding the rule of law and good governance by providing oversight of government administration. PTUN serves as a judicial institution authorized to resolve disputes between citizens or private legal entities and state administrative bodies or officials concerning state administrative decisions (KTUN). This study aims to analyze the role of PTUN in protecting citizens' rights and enforcing the principles of good governance. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that although PTUN holds absolute competence in resolving administrative disputes, the effectiveness of its rulings still faces challenges, including government non-compliance with court decisions. Additionally, the enactment of Law No. 30 of 2014 on Government Administration has expanded PTUN’s authority, particularly in assessing the presence of abuse of power by state administrative officials. However, the implementation of this regulation still requires strengthening in terms of transparency and accountability. Therefore, enhancing PTUN’s institutional capacity is necessary to ensure legal certainty and justice for the public. In conclusion, PTUN plays a strategic role in maintaining the balance between governmental power and the protection of citizens’ rights, thereby fostering a more transparent, accountable, and just administrative system

Juridical Analysis of the Position of PTUN in Resolving State Administrative Disputes Ali, Safitri
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31026

This study analyzes the position of the State Administrative Court (PTUN) in resolving state administrative disputes by highlighting its role, function, and authority in protecting citizens' rights. Using a normative juridical method, this research examines the legal basis, principles, and practices of PTUN in upholding the rule of law, including case studies to understand its legal implementation in court. The findings indicate that PTUN plays a crucial role in overseeing government actions to ensure compliance with the law and good governance principles, despite challenges related to independence, effectiveness, and public accessibility. Therefore, enhancing judicial capacity, simplifying procedures, and strengthening institutional independence are necessary for PTUN to function optimally. In conclusion, PTUN serves as a vital judicial control mechanism within Indonesia’s legal system, and strengthening this institution is essential to fostering a more transparent, accountable, and just government.

The Role of the Administrative Court in Protecting Citizens' Rights from Harmful Administrative Actions Kau, Paramita
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31023

The State Administrative Court (PTUN) plays a crucial role in ensuring legal certainty for citizens in administrative disputes. This article examines its role within Indonesia’s legal system and how PTUN ensures that government administrative actions remain within the bounds of applicable laws. This study employs a normative legal research method with a literature review approach. The findings indicate that PTUN functions as a mechanism to oversee administrative decisions and actions that may be detrimental to citizens. Through transparent and accountable legal procedures, PTUN ensures that government decisions are made in accordance with the law, are not arbitrary, and provide protection for the rights of individuals and legal entities. PTUN also contributes to building a fairer, more transparent, and accountable government by upholding the principles of the rule of law and good governance. With PTUN in place, the public has a clear legal avenue to challenge harmful administrative decisions, thereby strengthening legal certainty and social justice in governance

Hostage Taking (Gijzeling) in Tax Law Tax: A Perspective on the Protection of State Interests Ikbal, Moh; A'la, Nurul
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31614

Gijzeling or detention in Indonesian tax law is an instrument used to ensure compliance with tax obligations by Taxpayers who have not settled their tax debts. Based on Law of the Republic of Indonesia Number 6 of 1983 concerning General Provisions and Tax Procedures, which was amended by Law Number 28 of 2007, gijzeling is applied when a Taxpayer has tax debt of at least Rp100 million and fails to meet the payment obligation after collection efforts have been made. This study aims to analyze the procedure and implementation of gijzeling in Indonesian tax law, as well as to evaluate the legal basis for the use of this instrument, including the procedures that must be followed to avoid violating the Taxpayer's rights. The methodology used in this study is a qualitative approach with normative legal research, which focuses on the analysis of applicable regulations, legal doctrines, and the practice of implementing gijzeling. The primary data sources come from relevant regulations, particularly the Tax Law and Director General of Tax Regulation Number PER-29/PJ/2015. The research findings indicate that while gijzeling is a valid instrument in enforcing tax law, its implementation must follow clear and fair procedures. Strict supervision from both internal and external parties is crucial to prevent abuse of power. Gijzeling can only be applied after all other collection efforts have failed and must respect the Taxpayer's rights, applied in a proportional and prudent manner to achieve fiscal justice.

The Evolution of Restorative Justice in the National Criminal Justice System Zubedi, Zulfikar; Aji Prasetyo, Achmad
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31632

The transformation of law enforcement in Indonesia is an effort to create a fair and effective legal system, but the journey towards it is faced with major challenges between ideal expectations and existing realities. Although various reforms of law enforcement institutions and the application of technology in the legal process have been carried out, inequality in access to justice, political intervention, and low integrity of officers are still significant problems. This article aims to analyze the dynamics of law enforcement transformation in Indonesia by looking at the gap between public expectations of the supremacy of law and the reality that occurs in the field, as well as identifying inhibiting and driving factors in realizing effective and just law enforcement. Based on a juridical-sociological approach, this study critiques developments and provides recommendations for strengthening legal institutions in order to realize a better legal system in Indonesia.

Greenwashing as Environmental Fraud: Highlighting the Lack of Regulation and Law Enforcement in Indonesia Lebie, Romansyah Fitra; Br. Sihombing, Rio Riccha
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31612

Greenwashing is a practice that is increasingly prevalent in Indonesia, along with increasing consumer awareness of environmental sustainability. This phenomenon occurs when companies claim that their products are environmentally friendly, but the claims are not supported by legitimate evidence or are merely a marketing strategy. This article aims to explore the greenwashing phenomenon in Indonesia, identify its impact on consumers and the environment, and analyze the lack of regulation and law enforcement governing sustainability claims. Based on descriptive qualitative research, it was found that greenwashing harms consumers financially and undermines their trust in legitimate sustainability claims. In addition, greenwashing also hinders progress in environmental protection efforts by diverting attention from more effective solutions and reducing the competitiveness of truly green products. The lack of clear regulations and adequate oversight by relevant agencies in Indonesia exacerbates this problem. Therefore, strengthening more specific regulations and stricter law enforcement are urgently needed to create a more transparent market and support true sustainability. This article recommends improved regulations, increased capacity of oversight agencies, and more severe sanctions to address greenwashing practices and support broader environmental protection

Discourse on the Absolute Competence of the State Administrative Court Post-Birth of Government Administrative Law Valin Ismail, Nur; So Young, Choi
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31636

This paper analyzes the expansion of the absolute competence of the State Administrative Court (PTUN) based on Law Number 30 of 2014 and its consequences. Using a normative juridical method through literature research, the study finds that the expansion covers several aspects: a broader definition of decisions and government administration, including judicial, executive, and legislative actions, as well as factual acts; examination of administrative effort results; requests for positive fictitious decisions; review of abuse of authority; and testing of discretion. This expansion strengthens PTUN’s role in resolving administrative disputes and protecting public rights. However, it also brings consequences such as potential conflicts with administrative law theory, overlaps with criminal law in authority abuse cases, longer administrative procedures affecting access to justice, and challenges in regulating discretion due to complex legal issues.

Transformation of Law Enforcement in Indonesia: Between Hope and Reality Indra Muliansyah, Muhammad; Rachman, Irma
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31631

The transformation of law enforcement in Indonesia is an effort to create a fair and effective legal system, but the journey towards it is faced with major challenges between ideal expectations and existing realities. Although various reforms of law enforcement institutions and the application of technology in the legal process have been carried out, inequality in access to justice, political intervention, and low integrity of officers are still significant problems. This article aims to analyze the dynamics of law enforcement transformation in Indonesia by looking at the gap between public expectations of the supremacy of law and the reality that occurs in the field, as well as identifying inhibiting and driving factors in realizing effective and just law enforcement. Based on a juridical-sociological approach, this study critiques developments and provides recommendations for strengthening legal institutions in order to realize a better legal system in Indonesia

Inconsistency in Law Enforcement on Torture by Authorities: The Urgency of Harmonizing the Criminal Code and the Anti-Torture Convention Humu, Cendris; Fujiyana Khoerunisa, Arien
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31627

This article aims to analyze the inconsistency in law enforcement regarding the practice of torture by law enforcement officers in Indonesia, as well as to examine the urgency of harmonizing the Indonesian Criminal Code (KUHP) with the Convention Against Torture. This study uses a normative juridical method with an approach based on legislation, conceptual analysis, and concrete cases. The discussion reveals that the practice of torture by law enforcement officers reflects a systemic pattern of violence, driven by weak regulations in the KUHP, suboptimal monitoring mechanisms, and a strong culture of impunity. Although Indonesia has ratified the Convention Against Torture, the absence of specific provisions on the crime of torture in the KUHP, the failure to ratify the Optional Protocol (OPCAT), and the delayed revision of the Criminal Procedure Code (KUHAP) are the main factors behind the failure to prevent and enforce accountability. This article recommends comprehensive reforms through the revision of the KUHP and KUHAP, ratification of the OPCAT, strengthening independent monitoring bodies, and a shift in the paradigm of law enforcement officials to respect human rights principles in order to effectively eliminate the practice of torture in Indonesia.

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Ahmad

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estudiante02lawjournal@gmail.com

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+6281213569044

Journal Mail Official
ahmad_wijaya@ung.ac.id

Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo

Location
Kota gorontalo,

Gorontalo

INDONESIA

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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

Abstract

Abstract

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Abstract

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