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[The Role of the Sub-district Government in Facilitating the Drafting of Village Regulations ]]>
<![CDATA[Amelia Sianti Inombi]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15772
<![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[Deciphering the Causes of Dispute Settlement of the Crime of Threatening ]]>
<![CDATA[Rusnita Mopili]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19881
<![CDATA[The purpose of this study was to find out what factors hindered the role of the police in solving criminal threats in the Bone Bolango Regency. The type of research used is empirical research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using interviews, observation, and documentation techniques. The results showed that the factors that hindered the police in disclosing the criminal act of threatening were internal factors consisting of the loss of evidence, then the absence of witnesses, and the difficulty in determining the suspect because the suspect had run away, then there were also external factors, namely the lack of public awareness. ]]>
<![CDATA[Criminology Analysis On Paedophiles In The City Of Gorontalo ]]>
<![CDATA[Kiat Alwi Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12829
<![CDATA[The purpose of this study is to know and analyze to find out and analyze criminology reviews of pedophile offenders in the city of Gorontalo and to find out to analyze the form of legal protection against pedophilia in the city of Gorontalo. Based on understanding the types of research and looking at the problems behind the writing of this scientific work, the research used is empirical juridical. The approach taken by the author is in the form of an interview is a form of data collection technique that is widely used in observation. The interview technique conducted by the author is oral at a meeting with the source (respondent) to get information and documentary studies are away or style in the system of collecting data by combining and analyzing documents either in writing, drawing or electronically. Data analysis is carried out searches and compiled in a direct and contained manner from the results of interviews, records in the field, and other materials so that it can be understood easily, and obtained can be informed to others. Based on the results of the analysis of pedophile cases over the past 4 years that this case was declared to have been fingerprinted by investigators before being disbursed due to obstacles during the trial process so that from the last 4 years some cases are still in the process of fingerprinting or there has been no verdict.]]>
<![CDATA[Cockfighting Gambling Criminal Acts Commitment ]]>
<![CDATA[Maya Lasena]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Fence M. Wantu]]>;
<![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.v4i2.16039
<![CDATA[This study aims to determinea form of tackling the crime of cockfighting gambling.The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study indicate thata form of countermeasure carried out to tackle the crime of cockfighting gambling by means of preventive and repressive measures. In the preventive action stage, basically, stakeholders try to take precautions before the crime occurs. However, the most important role in preventing the occurrence of a crime is the supervision of the local community who then cooperates with law enforcement so that the crime of cockfighting gambling is easily detected.The countermeasures carried out by the authorities should be carried out with good coordination and cooperation, so as to make countermeasures that are right on target.]]>
<![CDATA[Legal Analysis Of Copyright Issues In Youtube Content Reviewed From Law Number 28 Of 2014 On Copyright ]]>
<![CDATA[Yudo Kamaru]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13291
<![CDATA[Abstract: The purpose of this study is to know the concept of copyright protection in YouTube according to Law No. 28 of 2014 on Copyright and Knowing and analyzing the factors that cause many cases of copyright infringement in YouTube Content. The type of research used by researchers in compiling this research is a type of normative research using 2 (two) approaches, namely the Regulatory Approach and the case approach, and the Comparison Approach. The results of this study show that: First, That The Protection of Copy Right In Youtube According to Law No. 28 of 2014 on Copyright for creators whose video works are re-uploaded (reuploaded)on YouTube illegally obtained when violating the moral and or economic rights of the creator or holder of the video in the form of preventive legal protection and legal protection Repressive. Preventive legal protection is obtained by registering the creation to the Content ID feature on YouTube and also registered with the Directorate General of Intellectual Property. Repressive legal protection is obtained in the form of freedom of choice of dispute resolution path either non-litigation path or litigation path. Second, that factors that affect the number of people who commit copyright infringement or in the context of this research are violations of copyrights in Youtube content, namely: Legal Factors, Economic Pressure Factors, Cultural Factors, Education Factors, Weak Factors in law enforcement against copyright infringement perpetrators and Lack of Public Understanding of Copyright Protection.Keyword: CopyRight; Youtube; Copyright.]]>
<![CDATA[Legal Protection for Consumers for Damage to Goods by Sea ]]>
<![CDATA[Delsfie Adelia Rauf]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18666
<![CDATA[Abstract: This study aims to determine Legal Protection for Consumers for Damage to Goods by Sea. The method used in this study is empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study indicate that legal protection for consumers for damage to goods by sea, there are several things, namely the protection provided by the expedition in the form of responsibility for losses suffered by the consumer. This responsibility is in the form of providing compensation for damaged goods while being transported by our expedition, in this case, PT MAE Cargo Gorontalo. In addition, there are forms of legal protection provided by consumer protection regulations, including those contained in Article 7 letter f of the consumer protection law by imposing business actors to provide compensation and compensation for goods received by consumers in a damaged condition. ]]>
<![CDATA[Restriction And Classification Of Unmanned Aerial Vehicles In War According To The Principles Of International Law ]]>
<![CDATA[Mohamad Akib Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15796
<![CDATA[This research aims to find out how international law exists in the assessment and limits the company of Unmanned Aerial Vehicles (UAVs) in war from international legal principles and provides an overview of the classification of UAVs as weapons based on existing regulations. By regulations and international legal products that are the limiting parameters of UAVs such as St. Petersburg 1868, The Hague Convention 1907 and also pay attention to the foresight regarding the classification of UAVs themselves. The research method used is the juridical normative legal research method. The problem in this article is how to limit the use of UAVs in the war based on the principles of international law and knowing how to classify UAV classes as weapons in battle according to international law. Based on the research results on the use and classification of UAVs in the world of firearms, it is still far from clear. It has not been able to provide "safety" parameters clearly and unequivocally in international legal products. The use of UAVs as weapons is still relatively new. Researchers categorize UAVs now better known as the AWS category. The use of which will be limited by the principles of international law. ]]>
<![CDATA[Effectiveness Of Permenkes RI Number 85 of 2019 On Dak In The Field Of Physical Health In Puskesmas Randangan ]]>
<![CDATA[Bayu Reksa Pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12844
<![CDATA[Abstract: The effectiveness of a rule must be measured as long as the law or rule applies and the extent to which it runs after it is enforced. This is an evaluation step to review the extent to which the law applies. Permits for The Operation of Wastewater Management Installations as stipulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 85 of 2019 point 10 letter (l) which regulates the ownership permit of IPAL permit for Puskesmas. Health centers classified as inpatient health centers are required to have IPAL buildings and must have permission from the Environment Agency. Puskesmas Motolohu is a Puskesmas that is classified as an inpatient health center that must be IPAL. Puskesmas Motolohu has been operating IPAL since 2016 but does not have a permit until 2021. Supposedly since the construction of IPAL in Motolohu Health Center in 2016 already has a permit from the Environment Office of Pohuwato Regency. Because of the violation, the Environment Office of Pohuwato Regency has issued a written reprimand sanction to the Motolohu Health Center. The enactment of administrative sanctions is a step so that the rules on IPAL Permits can be effective as they should be.Keywords: Effectiveness, IPAL Permissions]]>
<![CDATA[Legal Review on the Transfer of Land Rights (Buying and Selling) to Minors ]]>
<![CDATA[Yusup Abaidata]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i3.16216
<![CDATA[Abstract:This study aims to determinelegal review of the transfer of land rights (sale and purchase) to minors.The research method used by the author in this study is normative research. The research approach uses analytical descriptive and uses qualitative analysis techniques. The results of this study showThe process of transferring rights to the owner or seller of underage land must basically meet the conditions for buying and selling land, where the conditions are material and formal. The material requirement is that the land to be traded is the land owned by the seller and the land is not in dispute. While the formal requirements are related to the administration and the deed of sale and purchase of land. So, legally minors in terms of the process of buying and selling land are basically not and are not regulated in the laws in force in Indonesia, unless the minor has a companion or in this case is his guardian, so that the process of land transfer or the process of buying and selling land This can be done by a child who is still under age through his guardian according to a court order.]]>
<![CDATA[Ratio Legis For The Establishment Of a State Audit Board ]]>
<![CDATA[Listia Rahmawati Bumulo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13108
<![CDATA[The purpose of this study is to find out the ratio legis or the history of the establishment and development of the BPK. The method used in this research was normative research and the type of approach used was the statute approach, conceptual approach, and case approach. Legal material analysis techniques in this research used a systematic interpretation method. The results of the study showed that the importance of regulation related to financial matters and the State Audit Board has been realized by the nation's founders since the beginning of independence. At the beginning of the establishment of the State Audit Board, this institution still used the laws and regulations of the Dutch East Indies which became the legal basis for carrying out the duties of the Algemeene Rekenkame, namely ICW and IAR. However, as the government process in Indonesia progresses, the government also designs and establishes regulations related to the State Audit Board. The more updated and strengthened regulations related to the BPK were because the management of state finances is very important and is the most basic thing in realizing a clean government. The government should also expand and provide full support to BPK to make policy regulations that support the optimization of BPK's role as an independent institution so that BPK has more flexibility and authority to be able to realize its control function.Keywords: Authority; Government, Ideal]]>
