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[Ismail Yusuf]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (899.983 KB)
|
DOI: 10.33756/eslaj.v2i3.15777
<![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[Analysis of Judge's Decision in Imposing Child Abuse Crime ]]>
<![CDATA[Husnulhotima Sauri]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (277.09 KB)
|
DOI: 10.33756/eslaj.v5i1.19882
<![CDATA[The purpose of this research is to know and analyze abouthow to Analyze the Decision of the Gorontalo High Court Number: 2/Pid-Sus-Anak/2020/PT Gto against children as perpetrators of criminal acts of obscenity in the city of Gorontalo and to find out what factors influence the Judge's Decision in Cases of Crime of Child Abuse in Court High Gorontalo Number: 2/Pid-Sus-Children/2020/PT Gto. The type of approach used is Normative Research where the approach used is a statute approach and a case approach. The data obtained are from literature, laws, journals, and thesis. Data analysis or data management in this study was carried out in a deductive way. The results obtained in this study indicate that the judge in imposing a sentence on the perpetrator is still contrary to the principle of proportionality. Then there are several factors that influence the judge's decision, which include: 1.) Factors originating from the judge. 2) Factors originating from the defendant.]]>
<![CDATA[Assessing The Fulfillment Of The Rights Of Non-Civil Servant Government Employees In Bawaslu Boalemo Regency ]]>
<![CDATA[Dewi Anggraini Yustika Putri Olii]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (52.778 KB)
|
DOI: 10.33756/eslaj.v1i1.12813
<![CDATA[This research aims to find out and analyze How the Implementation of Article 88 Paragraph (1) of Law No. 13 of 2003 on the Fulfillment of The Rights of Non-Civil Servants in Bawaslu Boalemo Regency and What Factors Hinder the Fulfillment of The Rights of Non-Civil Servant Government Employees in Bawaslu Boalemo Regency. The research adopted by researchers is an empirical law researcher with a sociological juridical research model. using the type of approachPerundang-invitation and the case approach. In addition, the research conducted by researchers will be descriptive. Based on the results of research and discussion resulted in conclusions. Fulfillment of the Rights of Non-Civil Servant Government Employees (PPNPNPN) in Bawaslu Boalemo Regency has not been able to be adjusted with UMP Gorontalo Province this is because the Wages paid by the government to PPNPNPN employees are adjusted to the SBM (Input Fee Standard) that has been set by Bawaslu RI even in Perbawaslu who regulates the basics of maximizing salaries by the local UMP Regional. In the payment of PPNPN income, the Work Unit must pay attention to the ceiling in dipa which is the highest limit in disbursing PPNPN income funds. Disbursement of funds must not exceed the DIPA ceiling limit. Second, factors that hinder the fulfillment of the rights of non-civil servants (PPNPN) in Bawaslu Boalemo regency are (1) Bawaslu Boalemo regency is not a PPNPN institution; (2) Bawaslu Boalemo Regency Has Not Become an Independent Working Unit; (3) There has been no Adjustment of Wage Related Budget by the Planning and Budgeting Section.Keywords: Fulfillment of Rights; Employment Agreement; Wages/ Salaries; PPNPN Employees.]]>
<![CDATA[Fulfillment Of Assimilation Rights And Integration Rights To Corporate Students ]]>
<![CDATA[Susan Bau]]>;
<![CDATA[Zamroni Abdussamad]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (66.316 KB)
|
DOI: 10.33756/eslaj.v4i2.16040
<![CDATA[This study aims to determine the fulfillment of assimilation rights and integration rights to correctional students. The type of research method used in this study is empirical research with sampling using purposive sampling. This study also uses a qualitative approach and descriptive analysis techniques. The results of this study indicate thatIn the implementation of the fulfillment of the right of assimilation and the right of integration to correctional students, there are several obstacles, as for these obstacles, namely there is no guarantor of the correctional students, has register f records, Community Environment, excess capacity, minimal quality of officers and less bureaucratic processes. effective. The government carries out alternative non-prison punishments that can be carried out such as supervision and community service which is seen as more efficient than prison law because in achieving the goal of fostering or rehabilitating correctional students before finally being able to be free and return to life in the community and for the community.The community is expected to participate actively in the implementation of community programs, so that correctional students feel they can be accepted again in the community.]]>
<![CDATA[Consumer Legal Protection in Drinking Water Refill Depot ]]>
<![CDATA[zulkifli adenga]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (527.286 KB)
|
DOI: 10.33756/eslaj.v1i3.13404
<![CDATA[Abstract: This study aims to determine the application of product quality standards for refilling drinking water in the East City of Gorontalo City and to find out the form of legal protection for consumers in the use of drinking water depots. The researcher uses a type of normative research that includes legal principles, legal systematics and legal comparisons and is supported by empirical research through primary data sources, namely data based on information obtained directly at the research location. The results showed that the fulfillment of the Quality Standards for Drinking Water Depots in Gorontalo City was not fully appropriate, one of which was in fulfilling the certification issued by the local government in ensuring hygiene and sanitation at least once a year. The form of legal protection for consumers is carried out by the Health Service in supervising and applying administrative sanctions to the management of drinking water depots.Keywords: Legal Protection, Consumers, Water Depot.]]>
<![CDATA[Empire Juridic Analysis in Coconut Plantation Land Dispute Case ]]>
<![CDATA[Nuriyanti Santili]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (342.701 KB)
|
DOI: 10.33756/eslaj.v4i2.16256
<![CDATA[The purpose of this study was to find out how the empirical juridical analysis of coconut plantation disputes in botutonuo village. This study uses a type of empirical juridical research, which places facts in the field as the main data in the study. Sources of data used are primary data as the main data (the results of observations, field interviews, and documentation), and secondary data such as books, laws, regulations, and scientific works. While the population and samples used are the Botutonuo Village Office, the parties involved, the community, and the Botutonuo Village government. The results show that the empirical juridical analysis of coconut plantation disputes in botutonuo village is that the judge in deciding this dispute was correct based on the facts revealed in court by deciding that the defendants were found guilty of controlling the object of the dispute unilaterally and had sold it to someone else and the cause of the dispute. Coconut plantations in botutonuo village are caused by the pattern of responding to inheritance law regulations and secondly supporting factors such as the greed of the disputing parties, not distributing the inheritance immediately, and the lack of good faith.]]>
<![CDATA[Management Of Health Practice Places That Do Not Have A Permission ]]>
<![CDATA[Sri Cindrawati Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (688.601 KB)
|
DOI: 10.33756/eslaj.v2i3.14359
<![CDATA[Abstract: This study aims to determine the actions of the police in tackling unlicensed health practices in Gorontalo Regency.This type of research is a normative-empirical legal research using a statutory approach and a case approach and the data obtained in this study were analyzed qualitatively, namely by collecting data, qualifying then connecting theories related to the problem and drawing conclusions to determine the results. Actions from the police as an effort to overcome health practices that do not have permits are preventive efforts, namely efforts that lead to how the actions of the police before the occurrence of a crime, namely the police coordinate with the local government in order to issue a letter to every existing health center. , not to open a health practice without a permit. Then when it is known that there is a place of practice that does not have a permit, the police will carry out an investigation process in accordance with the provisions of the law or what is called a repressive effort. Actions from the police are more emphasized in terms of taking action to deal with health practices that do not have permits. Because in providing legal firmness and providing a sense of security for legal services, firmness is needed to make efforts or actions from the police to minimize the existence of malpractice victims by going directly in the field in disciplinary efforts for health workers who do not have permits. Actions from the police are more emphasized in terms of taking action to deal with health practices that do not have permits. Because in providing legal firmness and providing a sense of security for legal services, firmness is needed to make efforts or actions from the police to minimize the existence of malpractice victims by going directly in the field in disciplinary efforts for health workers who do not have permits. Actions from the police are more emphasized in terms of taking action to deal with health practices that do not have permits. Because in providing legal firmness and providing a sense of security for legal services, firmness is needed to make efforts or actions from the police to minimize the existence of malpractice victims by going directly in the field in disciplinary efforts for health workers who do not have permits.Keywords: Countermeasures; Permission; Health Practice]]>
<![CDATA[Gorontalo Local Government's Response To Legal Vacuum On Electric Bikes ]]>
<![CDATA[Fitriana Nur Biya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (490.072 KB)
|
DOI: 10.33756/eslaj.v1i2.13035
<![CDATA[The purpose of this study is to find out the attitude of Gorontalo local governments to address the legal vacuum towards electric bicycles. The methods used in this study are normative research and The types of approaches used are the legal approach, the conceptual approach, and the case approach. The technique of analyzing legal materials in this study uses systematic interpretation methods. The results showed that the Gorontalo regional government in addressing the legal vacuum regarding the regulation of electric bicycles in the Gorontalo area is first to take precedence over what is the main problem, then trace whether the transportation has reached 50% of users for the entire Gorontalo area. This needs to be known so that it can be regulated by the local government without limiting the space of the community. Thus, holding regional rules related to the regulation of electric bicycles is still an obstacle from the point of view of the provincial DPRD why the use of such vehicles is considered to have not reached an effective amount causing the need for regional rules to regulate the use of such vehicles. With the advancement of transportation in a region, the local government should have taken steps first before it becomes a result of an event that is not organized by the local government. With this problem, the government cannot suppress the public and carry out doctrinal laws related to the rules of the use of electric bicycles, so that the theory of repressive laws cannot be implemented. The law should be able to regulate society to be able to comply with existing rules, but the rules can not be implemented. Keywords: Attitude; Responding; Electric Bicycle ]]>
<![CDATA[Kajian Yuridis Pemutusan Hubungan Kerja Oleh Perusahaan Terhadap Pekerja Yang Menolak Mutasi ]]>
<![CDATA[Hanifah Hasna Hanifah]]>;
<![CDATA[Khayatudin Khayatudin]]>;
<![CDATA[Sicilya Mardian Yoel]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (445.529 KB)
|
DOI: 10.33756/eslaj.v3i3.16431
<![CDATA[Abstract: This study discusses the legal certainty related to Termination of Employment by the company to workers who refuse transfers which until now there is no absolute regulation, even in Law Number 13/2003 concerning Employment Law. The cases raised in this research are Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn/Pbr. The formulation in this research, is the act of Termination of Employment on the grounds of refusal to mutation can be justified based on the provisions of Law Number 13/2003 concerning Employment Law? And what is the basis for the judge's consideration to accept and reject the lawsuit against workers who were laid off for refusing a mutation in Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn /pbr? The purpose of this study is to examine how the implementation of law in Indonesia and the legal protection about termination of Industrial Relations by the company to workers who refuse mutation. To analyze the reasons for accepting and rejecting the judge's decision related to termination of employment by the company against workers who refuse to mutation with the Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu, Study Number:85/Pdt.Sus.Phi/2019/Pn/Pbr, based on Employment Law. This research is used normative method, which examines the judge's decision juridically using Law No.13/2003 concerning Employment Law. The results of this study indicate that the mutations by the company in Study Number:53/Pdt.Sus.Phi/2018/Pn.Palu and Study Number: 85/Pdt.Sus.Phi/2019/Pn/Pbr violate Article 32 of the Employment Law. because the mutation did not pay attention to the workers' rights based on the principles of being open,free,objective,fair,and equal without discrimination.Keywords: Criminal; Replacement; Corruption;]]>
<![CDATA[Empirical Review Causes Of Hit And Run That Lead To The Victims Death ]]>
<![CDATA[Devina Sesilia Ginoga]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (434.774 KB)
|
DOI: 10.33756/eslaj.v0i0.15018
<![CDATA[This study aims to determine the cause of the hit and run resulting in the victim's death. 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 the causes of hit-and-run resulting in the victim's death are basically caused by several things, including First, the lack of legal awareness of the perpetrators, this is certainly influenced if they do not have formal education. The two perpetrators were afraid when they experienced a collision, so according to him, to avoid the legal process and public outcry, the solution was to run away from responsibility for their actions. Third, the streets are quiet so that when you are driving a motorbike it exceeds the average speed. Handling traffic by creating accident-prone service posts in accident-prone areas, and deploying traffic accident service centers to make it easier for the public to report traffic accidents, especially hit-and-run. ]]>
