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[Barriers to the Implementation of Electronic Tickets ]]>
<![CDATA[Mohamad Duengo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15986
<![CDATA[Abstract:This study aims to determineforms of obstacles in the implementation of electronic ticketing. 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 showthat the obstacles in the implementation of the electronic ticket are several things that can affect the ticket not going as expected, including the lack of socialization where this will provide understanding to the public, especially for those road users to be obedient to traffic rules and be aware of function of the electronic ticket applied by law enforcement road traffic department. Furthermore, the second obstacle is that the vehicle plate does not match the owner, meaning that for example a vehicle has changed hands or for example the first party has sold its vehicle to a second party, so that once the second party violates traffic, the electronic ticket will only be sent to the first owner this is because the vehicle that has been purchased has not been reversed by the second party, so this can hinder the passage of the electronic ticket. While the third obstacle in electronic ticketing is the existence of motorbike rentals, where when the motorbike borrower commits a violation, the ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets.]]>
<![CDATA[Law Enforcement Against Illegal Logging Activities in Sumalata District ]]>
<![CDATA[Apriyanto Adam]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13099
<![CDATA[Abstract:The purpose of writing in this study is to find out the effectiveness of Law Number 41 of 1999 concerning Forestry, Against Illegal Logging of Trees in Sumalata District. The writing of this article uses the Juridical Empirical research method, namely examining applicable legal provisions and observing what happens in social reality, by examining the population and samples and using primary and secondary data types, and using data collection techniques in the form of observation, interviews, and documentation. This article concludes that law enforcement against illegal logging of trees that occurred in Sumalata sub-district can be pursued by taking preventive measures, in the form of socialization or guidance to the community in the form of comprehensive patrol activities in friends prone to illegal logging, as well as with repressive actions to the perpetrators by imposing penalties by applicable laws. So that the realization of efforts to control and supervise illegal logging activities.Keywords: Effectiveness, Illegal Logging]]>
<![CDATA[Implementation of Criminal Liability for Companies That Do Not Fulfill Obligations to Workers in Employment BPJS Guarantee ]]>
<![CDATA[Moh. Fahrul Dawali]]>;
<![CDATA[Lisnawati W. Badu]]>;
<![CDATA[Suwitno Y. Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19459
<![CDATA[This study aims to determine and analyze the criminal liability of companies that do not fulfill their obligations to workers in the employment BPJS guarantee. The research method used is sociological juridical research, using a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that there are still many companies that neglect to provide fulfillment of workers' obligations in the Employment BPJS guarantee as stipulated in Law No. 24 of 2011 concerning the Social Security Organizing Agency (Law No. 24 of 2011), which protects workers' rights to obtain guarantees for compensation for work accidents. The establishment of the Social Security Organizing Agency (BPJS) is not a new thing in the field of employment, because social security for workers has previously been regulated in Law No. 14 of 1993 concerning Workers' Social Security or better known as Jamsostek. Law No. 40 of 2004 on the National Social Security System was enacted in 2004 with the aim of creating an integrated social security system for all Indonesians, and the social security system was institutionalized in a public legal entity.]]>
<![CDATA[Countermeasures Against The Criminal Act Of Runaway Underage Girls ]]>
<![CDATA[Bella Putri Hunowu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15016
<![CDATA[This study aims to determine the prevention of criminal acts of escaping underage girls. 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 show the efforts made by the police, namely, first, taking preventive measures by providing socialization to the community about the dangers of the child's environment if not supervised by parents, besides that other preventive forms invite the community to cooperate in supervising actions that can harm children. who are underage. Second, take repressive actions against perpetrators who run away underage children and cooperate with police agencies in certain areas, this can make it easier for the police to speed up the legal process, especially if the perpetrators run away. Third. Maximizing cooperation between the families of the victims in order to make it easier for investigators to collect evidence. So that related parties can maximize the socialization of negative impacts, both in general and specifically regarding the legal consequences, so that all levels of society can actively participate in general with the police in efforts to tackle the crime of escaping underage girls. ]]>
<![CDATA[Legal Consequences of Betel Marriage Settlement During the Covid-19 Pandemic ]]>
<![CDATA[Nadia Dhea Safira Dama]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18229
<![CDATA[This study aims to determine the legal consequences of betel marriage settlement during the Covid-19 pandemic. The type of research used is sociological juridical and this study uses a descriptive research approach and qualitative data analysis techniques. The results of this study show that the legal consequences of an unrecorded marriage can cause the marriage to be invalid in the eyes of positive Indonesian law, but according to religion and public belief that the marriage is valid as long as it meets the conditions and legal pillars of a marriage itself. As for the settlement, there are two things, namely the application for a marriage and remarriage hearing. However, the bad factor is that if the marriage partner has obtained a child, then in civil law the child does not have a nasab with the father but only has a nasab with a mother and her family.]]>
<![CDATA[The Role Of The National Narcotics Agency And The Police In Law Enforcement Against The Abuse Of Precursor Drugs ]]>
<![CDATA[Rivaldo Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13100
<![CDATA[Drug crime is an international crime (International Crime), organized crime, has an extensive network, has large financial support and has used sophisticated technology. The enforcement of the eradication of narcotics abuse has been carried out by the police and BNN. The National Police and the National Narcotics Agency have released various efforts to eradicate criminal acts of abuse of narcotics and narcotics precursors which are carried out in a preventive, preventive and repressive manner with the aim of making the Indonesian state drug free.]]>
<![CDATA[Causes and Efforts to Counter a Crime ]]>
<![CDATA[Muh. Firmansyah Isa]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18273
<![CDATA[This study aims to determine the causes and countermeasures against a crime. The method used in this study, namely the research methodology used, is empirical research and uses a descriptive qualitative approach and qualitative analysis techniques. The results of this study show that the causes and efforts to overcome a crime there are several causes of the crime that occurs due to the talent of the perpetrator, the environment, the spiritual, and the economy. Crimes range from mild to the most serious forms such as severe mistreatment that cause severe injuries to their victims so that physical and non-physical problems arise. But it is also necessary to realize that, the person who committed the crime is a person like us. Crimes or criminal acts must be dealt with because they create discomfort and insecurity in people's lives, so they can do rational ways of dealing with them. Meanwhile, efforts made to tackle the crime include penal efforts and repressive efforts.]]>
<![CDATA[Empirical Review Of The Causes Of Children To Permit The Act Of Theft ]]>
<![CDATA[Nahdhatul Botutihe]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i2.15793
<![CDATA[This study aims to determine the cause of children committing acts of theft. 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 that the causes of children committing the crime of theft include economic factors, educational factors and environmental factors. These three factors are very influential in human life, especially for children, because some of these factors are not fulfilled, then indirectly the mindset of the child does not develop in terms of his knowledge of a crime. Looking at several factors that influence children to commit theft in general, they are interrelated. Providing education from the government and authorized institutions regarding the dangers and adverse effects of committing the crime of theft is highly expected. In addition, the local government cares for children who drop out of school or are pressured because of their weakness]]>
<![CDATA[Describing The Principle Of Balance In The Implementation Of The Construction Work Contract ]]>
<![CDATA[Mohammad Ramdhan Djahuno]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13311
<![CDATA[AbstractThis paper aims to analyze the principle of balance in the implementation of construction work contracts and to describe the factors that influence the implementation of the principle of balance in construction contracts not being implemented . Type Research used _ by researcher in compile article this is type Study normative . As for approach used _ in writing this are , among others; Approach legislation (Statue Approach ) and approach case (case approach). Analysis used _ in writing this is descriptive data analysis . Results in study this is , application principle balance in relationship _ industry service The construction contract has been clearly regulated in relation to the construction contract agreement, one of the strengthening principles in the construction contract lies in the principle of balance, which requires both parties to fulfill and carry out the agreement. Creditors have the power to demand achievements and if necessary, they can pay off achievements through the debtor's wealth. However, the debtor also bears the obligation to carry out the agreement in good faith. The factors that influence the implementation of the principle of balance in the construction contract as seen from the results of the decision (jurisprudence ) include: The lack of knowledge of the parties regarding the principle of balance or the principle of construction contracts as regulated by Article 3 of Law Number 2 of 2017 concerning construction contract services, the existence of interests, the quality of the substance of the contract made, communication of the parties, the contract administration system, and the contents of the contract which is not in accordance with the implementation.Keywords: Principle of Balance; Employment contract; Construction]]>
<![CDATA[Criminal Enforcement against Illegal Cosmetic Business Actors ]]>
<![CDATA[Elfira S Yusuf]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14782
<![CDATA[This study aimed to find out the Criminal Enforcement Against Illegal Cosmetic Business Actors in Gorontalo City. This type of research was empirical legal research, namely research by taking and using existing data in the field (primary) as the main data source, such as the results of interviews and observations. The Food and Drug Supervisory Agency (BPOM) should be even more assertive in providing a deterrent effect to mischievous business actors and must always carry out routine operations (surprise inspection) on business actors, not only through reports from the public and then officers going down to the field to carry out operations but must indeed be scheduled in a week how many times to do operations. If BPOM only waits for reports from the public, there will be no deterrent effect on mischievous business actors who have never been caught in raids/operations by the Food and Drug Supervisory Agency (BPOM). ]]>
