Estudiante Law Journal
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.
Articles
358 Documents
<![CDATA[Criminological Analysis of the Crime of Theft by Actors Outside Gorontalo ]]>
<![CDATA[Maharani Saskia Limonu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.14977
<![CDATA[Abstract: This study aims to determine and analyze what factors cause the rise of criminal acts of theft whose perpetrators come from outside Gorontalo. The type of research used in this article is empirical legal research with a qualitative approach. Furthermore, the data will be analyzed descriptively by describing and providing interpretations of the data obtained in the field by basing on the applicable norms or legal rules associated with the subject matter studied, namely those concerning theft. The results of this study indicate that the factors that cause the rise of criminal acts of theft whose perpetrators come from outside Gorontalo are 1) Economic factors that result in unemployment and poverty. 2) The development of globalization and the lack of communication between the police and the sub-district government, the development of globalization moves feel so fast that people can quickly move from one place to another and this is accompanied by a surveillance system that exists in every border between provinces which is so free that it makes it easier for the movement of the people. criminals to move from one place to another. 3) Individual and Victim Factors, it is undeniable that every criminal act that occurs is also influenced by the victim's careless and careless factors so that it invites the intentions of the perpetrators of the crime. ]]>
<![CDATA[Law Enforcement Against Narcotics Crime Recidivists ]]>
<![CDATA[Rezkiansyah Rahmat Paneo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13136
<![CDATA[This article aims to find out the effectiveness of law enforcement against narcotics crimes recidivists. Based on the title raised in this study, the researcher used empirical research methods. The process of collecting data from the object studied in this study was by using interview techniques, document studies, and observation techniques. As for law enforcement against narcotics crime recidivists by the Resort Police Gorontalo CIty, they have carried out their duties with procedures, especially in handling narcotics cases with the aim that the community, especially narcotics case recidivists, does not recur, but based on the results of research from the author, it is concluded that handling narcotics cases, especially for the recidivists were still not effective. Keywords: Law Enforcement, Recidivists, Narcotics]]>
<![CDATA[The urgency of Mandatory Provision of Covid-19 Vaccination Public Services ]]>
<![CDATA[Juwita Rizkiyawati Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18186
<![CDATA[The purpose of this study is to find out and analyze the covid-19 vaccination against the provision of public services in Talaga Jaya District and the urgency of providing covid-19 vaccination requirements for the provision of public services by the Talaga Jaya District government This type of research is qualitative field research and uses random sampling. The population in the study is the people who have carried out the covid-19 vaccination. Data collection was carried out with interviews, literature studies, and documentation. The results showed that in the process of implementing the COVID-19 vaccination, there were problems. Therefore, to reach the implementation of the COVID-19 vaccination evenly, the sub-district government and village government carry out mass and door-to-door vaccinations. In the implementation of the covid-19 vaccination, it has been regulated in presidential regulation number 14 of 2021 where people who refuse the vaccine will be subject to sanctions. The policy raises polemics because vaccinations are supposed to be voluntary because they relate to the individual freedom of citizens]]>
<![CDATA[Law Enforcement Against Minors as Narcotics Dealers in Pohuwato Regency ]]>
<![CDATA[Mohammad Ishak]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13308
<![CDATA[Abstract: This study aims to analyze law enforcement against minors as narcotics traffickers in Pohuwato Regency. The process of law enforcement on children uses a different application method from other legal models. because the suspect who is brought before the investigator's desk is a person who is still underage or not yet legally competent. Based on this, the researcher aims to analyze the application of law to minors as narcotics traffickers. This study uses an empirical method by including interview data along with official data sourced from the Indonesian National Police, especially the Pohuwato Regional Police. justice and balance for the perpetrators of the crime and the victims themselves. Factors that become obstacles in the application of the law against narcotics committed by minors are divided into two, namely internal factors and external factors. With the diversion method based on a justice or judicial approach based on deliberation or restorative justice , it is hoped that legal development in Indonesia will prioritize more humanistic laws so that Indonesian law does not seem rigid. Keywords: Diversion, Narcotics, Restorative Justice]]>
<![CDATA[Circulation of Drugs Without a Permit Seen from the Side of Law Enforcement ]]>
<![CDATA[David Lintangadi]]>;
<![CDATA[Nuvazria Achir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18355
<![CDATA[This study aims to determine the circulation of drugs without a permit seen from the side of law enforcement. The method used in this research is the research methodology used is empirical research and uses a qualitative descriptive approach and qualitative analysis techniques. The results of this study indicate that law enforcement carried out by the Food and Drug Supervisory Agency includes two things, namely law enforcement before a case occurs and law enforcement after a case occurs. Law enforcement before a case occurs is usually carried out to provide socialization in the community and schools regarding awareness of the legal dangers of drug distribution without BPOM permission. While law enforcement after a case has occurred, the authorities usually take repressive action where the action takes the form of a legal process by applicable regulations.]]>
<![CDATA[Legal Consequences of The Implementation of Reimbursement of Rights or Subrogation in Credit Activities ]]>
<![CDATA[Riri Rayhan Abdul Azis]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15739
<![CDATA[This researchaims to find out and analyze the legal consequences and inhibiting factors arising from the Implementation of Reimbursement of Rights or Subrogation in Credit Activities according to the provisions of the Kitab of the Civil Law. This research uses a sociological or empirical type of research with a qualitative approach. The resultsof this study show that the legal consequences arising in the implementation of reimbursement of rights or subrogation in credit activities cause losses to the creditor due to the implementation of subrogation not running properly and resulting in a blacklist to the debtor and to third parties who do not carry out their obligations. Internal inhibiting factors are in the form of lack of information from the bank related to subrogation, also debtors often do not understand repayments and the absence of good faith from debtors while the inhibiting factors faced externally are in the form of third parties who pledge a decrease in economic capabilities, lack of knowledge of third parties related to the existence of subrogation procedures and the absence of good faith on the part of the third party in settling the remaining credit payments.]]>
<![CDATA[Efforts to Protect the Legal Rights of Suspects of Abortion ]]>
<![CDATA[Rizky Cahyo HD. Vinors]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12810
<![CDATA[This study aims to find out how the Protection of The Rights of Suspects of Abortion Crimes in the City of Gorontalo and to find out what are the factors inhibiting the protection of the rights of suspected abortion crimes in the city of Gorontalo. This study is empirical research which in other words is field research, which is to review the provisions of applicable law and what happens in the community. The results of this study confirm that abortion is a strictly prohibited act by article 75 paragraph (1) of Law No. 36 of 2009 on health. In addition, this study refers to the protection of the rights of suspected abortion crimes, which is the concept where the law can provide justice, order, certainty, expediency, and peace. However, in this case, the suspect did not get his rights as stipulated in Article 50 of the Kitab Undang-Undang Hukum Acara Pidana, and contrary to Article 110 of the Kitab Undang-Undang Hukum Acara Pidana that the process of handling cases has a provision of days in the investigation process. The evidence that this case has stagnated for almost 1 (one) year and until now did not get clear legal certainty. In addition, the suspect did not make any effort because maybe the suspect did not know that he had the right to make legal efforts by the provisions of the law. Then in this case researchers found a factor that dominates the obstruction of the protection of the rights of suspected abortion crimes in the city of Gorontalo, namely the lack of understanding of the provisions of the day in the investigation, and the suspect who does not know his rights in the process of resolving abortion cases, he just waits for action from law enforcement officials so that in the end the case stagnates for 1 (one) year.]]>
<![CDATA[The Local Government Reformulation On Village Fund Supervision ]]>
<![CDATA[Mohamad Sigit Ibrahim]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15775
<![CDATA[The purpose of this research is to figure out the reformulation of village fund supervision by the local governments of Gorontalo District. The method employs empirical legal research that sets field facts as the research data. The data sources are primary data, namely field data, and secondary data consisting of documents, scientific papers, and other relevant secondary materials. Techniques of data collection are interviews and direct observation in the field. Findings reveal that the Gorontalo District Inspectorate, as the local government, carries out its duties and functions in supervising village funds through the method of auditing, reviewing, evaluating, monitoring, and other supervisory activities. However, the reformulation of village fund supervision has not been fully implemented due to several reasons, including the procedures of village fund supervision that have not been fully compliant with the internal audit standards of the Indonesian Government (SAIPI); time limit of the supervision; the limited number of governinent internal supervisory apparatus (APIP) in comparison with the number of villages to be supervised.]]>
<![CDATA[Enforcement Of Laws Against Mining Resulting In Environmental Pollution Due To Mercury Liquids ]]>
<![CDATA[Iksaldi Kadullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12926
<![CDATA[Abstract: This study aims to find out law enforcement against mining resulting in environmental pollution due to mercury. This type of research is the dualism of normative-empirical legal research and this research uses an approach. Law Enforcement Against Mining Causes Environmental Pollution Due to Mercury Liquid that there are three first ways is preemtive law enforcement, namely by coaching on actors this aims to strive to prevent environmental damage by mercury liquids. Second is preventive efforts by the police and the government to countermeasures by making appeals against the dangers of mercury use for the environment. While the last is law enforcement action by repressive means by confiscating tools and materials owned by miners. Environmental pollution that occurs is the indecision of the local government to enforce the law against illegal mining that is already damaging the environment. For that, both local governments and village governments should provide education to the community, especially to miners not to do things that should cause environmental pollution, especially the use of mercury. ]]>
<![CDATA[Measuring The Application of Corporate Social Responsibility of PT. Gorontalo MineralS ]]>
<![CDATA[Ahmad Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16489
<![CDATA[Abstract: This study aims to find out how the legal arrangements for the implementation of Corporate Social Responsibility (CSR) in mining activities and to find out how the analysis of CSR Application Analysis to Communities Around Mining. The research method used is normative juridical with a qualitative approach that is used in the hope that the desired data can be obtained by the author of a clear and complete picture. The results of this study indicate that regulations related to CSR have been regulated in several legal regulations. In government regulation number 47 of 2012 concerning social and environmental responsibility of limited liability companies, it has been explained in article 4 paragraph that says that social and environmental responsibility is carried out by the board of directors based on the company's annual work idea after obtaining an agreement from the board of commissioners or the GMS in accordance with the company's basic budget, unless stipulated otherwise in the statutory provisions«. Law No. 22 of 2001 concerning Oil and Gas. If you look at Law number 22 of 2001 regarding oil and gas, it is not explained in writing that regulates the legal rules related to CSR. However, if you read carefully, there is one provision that alludes to the rule of law. Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Scholarship assistance, buses and several other programs are one of several CSR programs that have been implemented by PT Gorontalo Minerals. Judging from the CSR assistance provided to the community, it has been shown that PT Gorontalo Minerals implements CSR programs in accordance with applicable legal provisions, although only a few CSR programs have been provided by PT Gorontalo Minerals to the community.]]>
