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[Juridic Review of the Implementation of the Principle of Good Faith in Online Buying Transactions ]]>
<![CDATA[Cristien Latidi]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i3.13428
<![CDATA[This study discusses the juridical review of the application of the principle of good faith in online buying and selling transactions. The objectives of this research are; To find out how the juridical review of the application of the principle of good faith To find out what are the inhibiting factors for the application of the principle of good faith in online buying and selling transactions. The method used in this research is empirical normative research, which means to analyze research based on library data and based on the state of variables, and the phenomena that occur when the research takes place and presents it as it is. The results of the study show that to realize the principle of good faith in online buying and selling transactions, the government has regulated it in Article 1338 of the Civil Code which reads "All agreements made in accordance with the law apply as law for those who make them. The obstacles in applying the principle of good faith in online buying and selling transactions are the internal factors consisting of the contents of the agreement that are not in accordance, the agreement factor where the agreed goods are drawn are not in accordance with what was sent, and the object of the agreement is not appropriate. The external factors are security in transactions, settlements outside the law, consumer knowledge, the last factor is space and time distance, data authenticity and finally the factor in the existence of goods.]]>
<![CDATA[Verbal Sexual Harassment Victim (Catcalling) Legal Protection in Human Rights Perspective in Indonesia ]]>
<![CDATA[Indah Intania Daud]]>;
<![CDATA[Moh. R. U. Puluhulawa]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16245
<![CDATA[Sexual harassment provides a feeling of insecurity and comfort to the victim, even at a more severe level, the victim can experience trauma. The very broad scope of sexual harassment shows how complex the problem is. So widespread, verbal sexual harassment (indecent comments, sexually suggestive jokes and so on) or what is known as catcalling is an interesting issue to study. This is because verbal sexual harassment or catcalling often occurs in the community but is considered normal by the community, even though catcalling can create feelings of insecurity, comfort and even fear for the victim. The type of legal research in this research is normative legal research, which is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The approach used in this research is a statutory approach, namely research on legal products. In this study the authors found that legal protection for victims of catcalling is still inadequate, judging from the lack of accommodation of repressive legal protection, this is because there are no specific rules governing the act of catcalling.]]>
<![CDATA[Assessing The Legal Consequences Of Delaying The Payment Of Achievements To Creditors ]]>
<![CDATA[Umi Yunus]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 2 JUNI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i2.13203
<![CDATA[The purpose of this study is to find out the legal consequences of delaying the payment of achievements to creditors after Presidential Decree No. 12 of 2020. The methods used in this study are normative research and The type of approach used is the legal approach, the conceptual approach. The technique of analyzing legal materials in this study uses descriptive methods. The results showed thatthe legal consequences of delaying the payment of achievements to creditors after presidential decree number 12 of 2020 related to the Determination of Non-Natural Disasters spreading Corona Virus Disease 2019 as a National Disaster falls into the category of force majure which is temporary, meaning that debtors will not be legal if there is good faith by providing reasons and evidence that Covid-19 causes delayed achievement, However, if it does not violate good faith and does not provide valid reasons/evidence then the debtor can still be legal with the provisions of the applicable legislation. There needs to be a reaffirmation of the emergency intended in Presidential Decree 12 of 2020, in the sense of adding phrases related to economic difficulties. This is necessary so that the creation of legal certainty for debtors and creditors that the emergency due to covid-19 is classified asforce majure and delay achievements can be done]]>
<![CDATA[Criminological Aspects of Residivis in use Narcotics ]]>
<![CDATA[Magfirah Rahmalia Daud]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18181
<![CDATA[The purpose of this study is to find out and analyze the criminological factors behind recidivists in narcotics use in Gorontalo Province and to find out how. The type of research used is empirical research, using primary and secondary data sources. Using data clotting techniques with observation methods, interview methods, and documentation methods. Then the data is analyzed descriptively or provides an overview or exposure to the subject and object of study as the results of the research carried out. The results showed criminological factors behind recidivist use in narcotics use in Gorontalo Province when viewed from the Differentia Associationtheory, namely environmental/social factors causing a person to commit criminal acts repeatedly. The bad stigma that arises from the society of ex-convicts makes these ex-convicts feel excluded explained based on label theory, imitation theory is the result of imitation of crimes that occur in their environment, self-defense theory is health caused by weak self-defense against their poor environment as drug users, Criminoloids theory of crimes caused by lust.]]>
<![CDATA[Overview Of The Crime Of Management Of Severe Massage ]]>
<![CDATA[Julaeha Kamaru]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i2.15819
<![CDATA[This study aims to determine the handling of the crime of severe persecution. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling. The results of this study indicate that non-criminal mistreatment is carried out in two stages, namely preventive countermeasures and repressive countermeasures. As for preventive countermeasures, there are several things that are carried out by law enforcers which are to prevent the occurrence of criminal acts of persecution, especially the type of severe abuse, including those carried out in this preventive stage such as legal counseling, patrols in certain areas and conducting bhabinkamtibmas. Meanwhile, in the repressive countermeasures stage, it is certainly the final action taken by law enforcement to prevent the occurrence of criminal acts of persecution. In this countermeasure stage, law enforcers must carry out legal process actions according to procedures if there are violations of the provisions of the applicable laws and regulations. The Gorontalo City Government is also expected to be able to contribute in dealing with the problem of criminal acts whose perpetrators deserve the appropriate punishment, also because considering this severe persecution is very influential in people's lives.]]>
<![CDATA[Restorative Justice Alternative Criminal Case Settlement In Indonesia ]]>
<![CDATA[Ridho Mamonto]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16318
<![CDATA[This study aims to analyze the concept of resolving criminal acts in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, as well as to examine aspects of legal certainty in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The type of research in writing this proposal is normative research, namely research that examines the study of documents such as legislation, court decisions, and legal theory. The approaches used by researchers in compiling this research are, among others: the Invitation Approach (Statue Approach). The results showed that in the Prosecutor's Regulation No. 15 of 2020, criminal cases can be closed by law and prosecuted based on Restorative Justice, except for recidivists. Prosecutor's Regulation No. 15 of 2020 lies in the guidelines that have been created and determined and are limited by requirements in their implementation.]]>
<![CDATA[The Restitution of Children as Victims of the Crime of Obscenity in the Principles of Restorative Justice ]]>
<![CDATA[Randi Hernanto Madu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14598
<![CDATA[Abstract: The purpose of this study is to find out how the problems that become obstacles in fulfilling the restitution of children as victims of criminal acts of obscenity through the settlement of cases with the principle of restorative justice. The type of research used is Empirical Law research, then the data is analyzed descriptively or provides an overview or explanation of the subject and object of research as the results of the research conducted. The results of this study indicate that the process of resolving cases with the principle of restorative justice by the Gorontalo Police is applied on the basis of the wishes of the victims who have wanted a family settlement with the condition that they want compensation. There is a peace agreement between the two parties, the police issued a letter of termination of the investigation as a result of restorative justice which was recorded in the register book in book B-19 as a case that was terminated through restorative justice. Furthermore, on the fulfillment of restitution for children as victims of criminal acts of obscenity by the Gorontalo Police in collaboration with the Witness and Victim Protection Agency (LPSK). some of the victims asked for their children to be married, sent to school, and other losses. However, there are several things that become obstacles in the process of fulfilling restitution for victims of sexual abuse, which include the desire of the victim, the economic factor of the perpetrator, the communication factor, and the factor of the substance of the legislation. Some of these factors have an impact on the fulfillment of restitution which is hampered and takes time.]]>
<![CDATA[International Legal Regulations Concerning Launching of Russian Anti-Satellite Weapon Missiles Reviewed in Space Law Perspective ]]>
<![CDATA[Mohammad Rifki Daud]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15943
<![CDATA[The development of weapons technology is currently very advanced and competitive, one of which is the Anti-Satellite weapon (ASAT) technology. ASAT has become a real threat to the sustainability of the space environment, this is because ASAT has the potential to damage international peace and security, trigger an arms race, and increase the amount of space debris orbiting the earth. The absence of regulations that specifically regulate ASAT makes countries feel free to conduct anti-satellite missile test launches. For example, in 2021 Russia conducted an ASAT test targeting the Cosmos-1408 satellite. Using normative juridical research and research approaches with statute approach, case approach, and analytical approach, the author wants to study and analyze international legal arrangements regarding the launch of Anti-Satellite Weapon (ASAT) missiles and the legal consequences against Russia as the country that launches Anti-Satellite Weapon (ASAT) missiles. Based on the results of the study, the researchers found that there were no regulations specifically limiting ASAT, but the regulation in question should have been contained in the Outer Space Treaty 1967 as the basis for regulating all activities related to space, then further legal consequences against Russia for launching anti-missile missiles. -satellite, namely Russia is obliged to be responsible in terms of responsibility and liability in terms of liability and is strengthened by the principle of liability based on fault as stated in the Liability Convention 1972.]]>
<![CDATA[Responsibility of the Default Debtor in the Implementation of the Credit Agreement and Settlement ]]>
<![CDATA[Susinta Yasin]]>;
<![CDATA[Wen Almoravid Dungga]]>;
<![CDATA[Julius T Mandjo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19187
<![CDATA[This article discusses the provision of credit provided by banks, one of which is at the Telaga Unit BRI bank with a building guarantee. Where at the Telaga Unit BRI bank in providing credit previously preceded by an agreement. To enter into an agreement, the borrower (customer) must have collateral. Without collateral, a customer cannot obtain a loan because collateral is one of the requirements for the customer to enter into a loan agreement. There is a close relationship between the lender and the guarantee. To guarantee repayment of credit from the debtor.]]>
<![CDATA[The Role of BPOM in the Circulation of Cosmetics With Fake Distribution Permission ]]>
<![CDATA[Siti Khodijah]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15685
<![CDATA[This study aims to determine the role of Food and Drug Supervisory Agency (will be referred as BPOM) in the distribution of cosmetics that include a fictitious distribution permit. The method used in this study is an empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study show that the role of BPOM in the distribution of cosmetics that includes a fictitious distribution permit basically continues to carry out Supervision, Guidance, and Prosecution of every producer who violates government regulations related to the circulation of counterfeit cosmetics that include a fictitious distribution permit number and there are several programs that are run to deceive consumers. get the right. In addition, it continues to provide protection to consumers who experience losses by providing administrative sanctions to the perpetrators to be able to pay for the losses suffered by the consumers themselves. Protecting Consumers from the Circulation of Dangerous Cosmetics BPOM has several programs, namely the National Movement to Beware of Illegal Drugs and Food (GNWOMI), GENPOPA, BPOM Checks, Public Warnings, Educational Videos, Community Awareness Index Surveys, Implementing Teams for Quality Improvement of Community Empowerment and Consumer Protection.]]>
