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 Police In Eradicating Illegal Gold Mining Activities In Pohuwato Regency ]]>
<![CDATA[Sulistianingsi Buyu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12809
<![CDATA[AbstractThis Study aims to find out and analyze how law enforcement against perpetrators of gold mining activities without a permint in the pohuwato regency area is law enforcement against gold mining activities in pohuwato regency, not yet effective, because based on the results of the study it was found that there were 33 active tools, in illegal mining, which is suspected to belong to a dozen people but has not been processed by law to this day. This is contrary to article 158 of law no. 4 of 2009 concerning mining. To overcome the problems that occur as described in the discussion, researhers recommend a solution, namely law enforcement related to illegal mining activities in pohuwato regency needs to be emphasized, this is in order, so that no more people dare to carry out mining activaties illegaly and violate law. The local government of pohuwato regency, needs to pay more attention to mining activities by the people of pohuwato regency, by issuing people’s mining area (WRS) and mining busines permits (IUP), thus is important so that people are not trapped in mining activites that violate the law and pollute the environment, besides the existence of IUP and WPR can improve the economy of the people of pohuwato.Keywords: Law, Mining, Illegal]]>
<![CDATA[Analysis Of The Role Of The Office Of Religious Affairs In Managing The Case Of Siri Marriage Couples ]]>
<![CDATA[Debi Sintia Dali]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16252
<![CDATA[The purpose of this study is to find out and analyze how the role of the religious affairs office in dealing with Siri marriages in the North City District. The method used in this research is an interviews, observation, and documentation. This type of research is descriptive and qualitative. The qualitative descriptive analysis approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object or field. The types of data used in this study are primary and secondary data. The results of the study indicate that the role of the religious affairs office in tackling Siri marriages in the District of North City includes providing counseling on marriage registration and happy families to prospective brides and guardians, conducting socialization about the impact of unregistered marriages, and also the importance of registering marriages carried out in every time he fills an event, either a recitation or an event that involves the head of the religious affairs office. Factors that hinder the religious affairs office in dealing with unregistered marriages in the North City sub-district include Lack of competent human resources, low awareness of the law in society, and inadequate facilities and infrastructure.]]>
<![CDATA[Assessing The Authority Of The Village Head Of Buba'a District Of Boalemo Regency Beach District In The Appointment And Dismissal Of Village Devices ]]>
<![CDATA[Ismet Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12891
<![CDATA[The purpose of this study is to find out how the role of the Village Consultative Agency in supervising the performance of the village head in Buba'a village of Paguyaman Pantai Subdistrict and knowing what factors hinder the supervision of village performance in Buba'a village of Paguyaman Pantai Subdistrict. This research uses normative-empirical research methods with descriptive data analysis techniques with more descriptions of interview results, observations, and documentation studies. The results of this study show that first, the authority of the head of Buba'a Village, Boalemo District Beach District in the appointment and dismissal of village devices has not been by the applicable rules, where for almost three years running in the appointment of village devices recruiting outside communities. This is certainly not by what is mandated by Law No. 6 of 2014 concerning villages. In addition, in the appointment or dismissal of Buba'a Village devices, there is no communication between the village head or the local cat. Second, the factors that hinder the performance of the head of Buba'a Village in the appointment and dismissal of village devices are (1) Factors from within the head of Buba'a Village itself because he ignores the applicable rules; (2) The outside factor as a supporter of the performance of the village head is the function of BPD in monitoring the performance of the village head has not been effective; (3) There is no good 2-way communication between the village chief of Buba'a and the local cat in terms of the appointment and dismissal of village devices.]]>
<![CDATA[Untangling the Causes of Land Ownership Disputes ]]>
<![CDATA[Maryam Naway]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18183
<![CDATA[The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes. ]]>
<![CDATA[Overview Of Criminology Of Criminal Actions Of Narcotics In Jayabakti Village ]]>
<![CDATA[Ronaldi Timpola]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15674
<![CDATA[The purpose of this study was to determine and analyze through a criminological review the factors that cause narcotics abuse by the people of Banggai Regency, especially in Jayabakti Village, and efforts to prevent narcotics abuse in Jayabakti Village. The type of research used is empirical or field research with a case approach (case approach). The results of this study indicate that narcotics abuse in Jayabakti village is caused by several factors, including the entry of outsiders (non-local communities), education, economy, and weak village security supervision. And prevention efforts are made so that the community is not involved in narcotics abuse, among others, Pre-Emtif efforts: Instilling moral values as the main fortress that can prevent not being influenced and falling into narcotics abuse and providing correct and intensive information to the public regarding the dangers of using drugs. Narcotics. Preventive efforts: Carry out communicative supervision and guidance to parents and families, the community environment, and the role of the local government to carry out information on the dangers of narcotics. Repressive measures: Law enforcement actions carried out by Banggai Police and BNN, rehabilitating perpetrators so that perpetrators have a strong desire to recover,in RUTAN, and providing skills training..]]>
<![CDATA[Responsibility Of The National Land Agency Of Gorontalo City For The Cancellation Of Land Certificates ]]>
<![CDATA[magfirah - nupuri]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13041
<![CDATA[This research aims to find out the responsibility of the Gorontalo City National Land Agency for cancelingits land certificates. The methods used in this studyare empirical legalresearch by conducting sample withdrawal using purposive sampling and data analysis using qualitative or descriptive research approaches. The results showed that civil liability by the Gorontalo City National Land Agency against the certificates that were legalized by the Gorontalo State Administrative Court, was carried out by the Gorontalo City BPN by implementing the decision of the State Administrative Court both the first level, appeal, to the cassation that had been inkrah. , and issue a Decree (SK) cancellation of land rights certificates. In the implementation of the duties on land certificates declared void by the State Administrative Court, the Gorontalo City National Land Agency must prepare all potential and resources, and need to conduct an analysis to carry out the verdict as a form of its responsibility for land rights certificates that are declared void, without having to be requested by the applicant back to the Gorontalo City BPN.]]>
<![CDATA[The Judge’s Consideration In Granting The Application For Marriage Dispensation After The Enactment Of Law No. 16 2019 ]]>
<![CDATA[Mohamad Nuralim Supu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13224
<![CDATA[This research aims to: (1) Discuss how the Law affects the increase of marriage dispensation in the Gorontalo Religious Court. (2) to find out what is the basis of the judge to grant the application for marriage dispensation after the enactment of Law No. 16 of 2019. This study uses a type of empirical juridical research with a qualitative descriptive approach with the method of collecting interview data of Gorontalo Religious Court Judges and analyzing marriage dispensation data in 2019 and 2020 Gorontalo Religious Court. While the method of processing data researchers through the stage of data examination, classification, analysis and conclusions. The results of the study that the Revision of Law No. 16 of 2019 to Marriage Law No. 1 of 1974 greatly influenced the increase in marriage dispensation cases in the Gorontalo Religious Court. Because of people's ignorance about the change in the Law and because of the many extramarital relationships that cause pregnancy.]]>
<![CDATA[Legal Consequences of Marriage During Iddah Period Based on Compilation Islamic Law ]]>
<![CDATA[Sinta Pomahiya]]>;
<![CDATA[Nur M. Kasim]]>;
<![CDATA[Dolot Alhasni Bakung]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18848
<![CDATA[Abstract: This journal discusses marriage during the Iddah period. In Article 2 of the Compilation of Islamic Law, it is stated that marriage according to Islamic law is marriage, which is a very strong mistaken gholiidhan contract to obey Allah's commands. However, not all Islamic teachings can be implemented properly. This is evidenced by the existence of couples who do not care about iddah issues. Carrying out iddah for women is considered a form of worship. The type of research used types of sociological research, which aims-describes the implementation of marriage during the Iddah period and the legal consequences of marriage during the Iddah period. The results of the study’s three main points can be concluded. First, the implementation of marriage during the iddah period is the same as marriage in general, it's just that the marriage is carried out during the iddah period so the marriage is invalid. Second, because the marriage law during the iddah period will arise, the husband and wife will not get a marriage certificate, and when the marriage takes place there will be hereditary problems. Keywords: Marriage; Iddah; Islamic Law Compilation]]>
<![CDATA[The Disparity Of Judge's Decisions In The Same Criminal Act Of Corruption ]]>
<![CDATA[Wahyuni Malanua]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15686
<![CDATA[The purpose of this study is to find out what are the factors that cause the disparity of criminal sanctions in the verdict of criminal acts of corruption as well as the legal basis that becomes the consideration for making decisions on corruption crimes by judges, especially in the Gorontalo District Court.The type of research used is normative juridical research, with a statutory and conceptual approach, for this approach several primary legal materials are used, namely laws and regulations relevant to the object of study supported by secondary legal materials in the form of books, journals and other sources. . The conclusion of this study found that there were differences in the results of the comparison of two different decisions where the Gorontalo District Court Decision Number 18/Pid.Sus-TPK/2020/PNGto which harmed the state by 43 billion was only given a sanction of 1 year 6 months in prison while in decision number 1/ Pid.sus -TPK/2018/PNGto which harms the state as much as 1 billion is given a prison sentence of more than 4 years so that this can be said to be a disparity of decisions.]]>
<![CDATA[Criminal Liability Committed By Debt Collectors Due To Violence In Arrears ]]>
<![CDATA[Ismiyati Usman]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13001
<![CDATA[This study aims to find out how Criminal Liability is Committed By Debt Collectors Due to Violence In Arrears. The type of research used in this research is the normative approach used in this study consists of two, namely the Statue Approach and conceptual approach. Analysis of legal materials in this study uses systematic interpretation methods. The results of this study show that the legal consequences of violence committed by debt collectors against customers who make installment leasing are the result of actions that are not by the law so that all parties involved receive the impact of the violence committed by the debt collector. However, the element of error becomes the determinant of who can be held criminally accountable. Legal entities or corporations that can be held criminally liable for violence committed by debt collectors against customers due to the establishment of leasing installments, through the theory of identification, strict liability (absolute accountability), and vicarious liability (substitute criminal liability), if there is an element of error, both intentional and void from the financing company itself. The Financial Services Authority should tighten supervision of financing companies that use debt collector services to minimize inequality in the use of debt collector services.]]>
