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[Analysis Of The Role Of Traffic Units Against Offenders Of Speed Limit Violations That Cause Accidents ]]>
<![CDATA[Ari Yoga Pasambuna]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12886
<![CDATA[This study aims to find out how the analysis of the role of traffic units against criminal offenders of vehicle speed limit violations that cause accidents in Kotamobagu and what are the obstacles faced in minimizing traffic accidents due to speed limit violations in Kotamobagu and using this type of empirical legal research using qualitative approaches. This method of empirical legal research serves to see the law in reality in the community by collecting data and results with sources. The results of the research obtained the role of the Kotamobagu Resort Police Unit, namely preventive efforts (prevention) in the form of socialization and education to the community of road users and traffic engineering and repressive efforts (enforcement) in the form of Arrangements, Guarding, Escorts, and Patrols and enforcement against perpetrators of traffic accidents. Then the obstacles faced are the lack of facilities and infrastructure and lack of legal awareness in the community. Keywords: Satlantas; Speed Limit; Accident.]]>
<![CDATA[Criminal Act of Destruction of Campaign Props of Candidates for dark election 2019 Gorontalo province ]]>
<![CDATA[Mohamad Rama Perdana Tangahu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 2 JUNI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i2.13204
<![CDATA[Abstract: This study aims to find out what factors are behind the perpetrators of the destruction of campaign props belonging to the Dprd Candidate in the 2019 General Election in The Gorontalo Province General Election Supervisory Agency and to find out how law enforcement efforts against criminals damage the campaign props of the DPRD Candidate in the 2019 General Election are reviewed from Law No. 7 of 2017 concerning general elections. The results of this study show: First,law enforcement efforts carried out by The Election Supervisory Agency together with gakumdu in handling election crimes against perpetrators of APK destruction in accordance with the applicable regulations as the provisions of Article 486 of Law No. 7 of 2017 concerning General Elections, Election Supervisory Agency Gorontalo Province and Regency / City in handling findings / reports of alleged election crimes including destruction of APK then enforcement The law is carried out jointly with the police and prosecutors through the Integrated Law Enforcement Center (Sentra Gakkumdu); Second,the factors behind the perpetrators doing damage to campaign props belonging to the DPRD Candidate in the 2019 General Election are (1) Weak awareness and knowledge of election law; (2) The existence of fanatical and anti-presidential behavior against certain Candidates / Election Participants; (3) The influence of liquor so that the perpetrators do damage to campaign props (billboards) belonging to one of the legislative candidates. Keywords: Destruction, APK, Legislative Member, Elections]]>
<![CDATA[Efforts to Optimize the Office of Religious Affairs of Paleleh District Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic ]]>
<![CDATA[Risky Yanto Yunde]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Dolot Alhasni Bakung]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19704
<![CDATA[Early marriage experienced by adolescents under 19 years old is still a phenomenon in several regions in Indonesia. Early marriage is more likely to occur in any Religion Paleleh sub-district, Buol Regency is one of the sub-districts where the number of cases of early marriage is quite high and has increased after the co-19 pandemic. This needs to be prevented by all actions, activities, or efforts carried out by the Regional Government, community, family, and parents as well as all stakeholders to reduce the rate of early marriage. The purpose of conducting this research is to find out the efforts of the Religious Affairs Office of Paleleh District, Buol Regency in overcoming the increase in early marriage after the Covid-19 pandemic. Using a sociological juridical research method, using a descriptive qualitative research approach and interactive analysis techniques. The results of the research conducted stem from the responses of various elements of the Paleleh District community regarding early marriage, which contain a lot of speculation, namely positive and negative responses. Responses from rural communities where people are still less aware and less compliant with the law. Early or underage marriages that still occur are often due to factors caused by the social model of young people who are too free with the opposite sex. However, it is all returned to the parents. For the people of Paleleh Subdistrict who have low economic constraints who cannot afford to send their children to school, especially for women, supported by the negative stigma factor that there is no point in going to high school and the kitchen will be the place to return to.]]>
<![CDATA[The Countermeasures Against Alcohol Abuse in Central Buntulia ]]>
<![CDATA[Viergiawan Makmur]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12807
<![CDATA[The use of liquor in Central Buntulia is still a bad habit that is often practiced by children, teenagers, and adults. The cause of liquor in the Central Buntulia environment is one of the problems that are troubling to the surrounding community, as well as to people who visit it because many people do not care about the bad effects of liquor which is very dangerous and detrimental. This research aims to know the prevention of liquor in Central Buntulia. Based on the title raised in this article, the researcher uses the type of empirical research. The process of collecting data from the object studied in this study is to use observation techniques, interviews, and literature study so that the data obtained by the researcher was analyzed descriptively. The results of the study showed that there were several countermeasures against liquor in Central Buntulia, starting from the efforts of the village government to the efforts of the police.]]>
<![CDATA[Legal Protection for Children as Victims of the Crime of Sexual Intercourse ]]>
<![CDATA[Firda Salam]]>;
<![CDATA[Lisnawati W. Badu]]>;
<![CDATA[Jufryanto Puluhulawa]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16041
<![CDATA[This study aims to determinelegal protection for children as victims of the crime of sexual intercourse.The method used in this research is empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive qualitative analysis techniques. The results of this study indicate thatLegal protection for child victims of the crime of sexual intercourse is given with the aim of protecting victims, especially victims of sexual intercourse in order to get their rights as victims by way of children getting health services as an effort to restore the condition of children as victims of sexual intercourse, children also get legal protection in terms of legal aid, rehabilitation, and prevention. The need for a fair criminal law settlement for victims of sexual intercourse, which adds or considers the rights of victims of sexual intercourse and parents should participate in efforts to provide protection for children by fulfilling children's rights, protecting the best interests of children, and increasing supervision over children. environment and children's play area. ]]>
<![CDATA[Polemic and Existence Marriage Dispensation given Marriage Law ]]>
<![CDATA[Suaib Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13318
<![CDATA[Study this aim for knowing analysis juridical Impact Marriage Dispensation Against The existence of Law no. 16 of 2019 regarding Marriage ( Study Analysis in the Legal Area of the Gorontalo Religious Court. the type which research _ used is research Law research empirial . Study law empirical or normal also called Research law sociological this dotted reject from primary data. Primary data is data obtaindirectlyect the from Publa ic as usourceirst with through study the field thbe analyzedanalyzed with use approach Later legislation _ described qqualityBased o ativeresults study that Impact marriage dispensation against existemarriageact ccoul dd total happening marriage under ag . In position, Marriage dispensation is one of the legal instruments presented in Constitution purposeful marriage _ forgivingeforgett for citizens who are urgent focarryingry out marriage However still blocked with provision limit set age _ in Constitution mariagmarriageevHoweve rremovingside marriage dispensation canBecomes a reasonable justification for children under age for dodoingonnection forbidden although by law still belong to in child age early orunderagee. The reasons that become base consideration in grant application marriage dispensation at the Gorontalo Religious Court , namely: for preventing happening association free to be result in happening pregnancy out of wedlock which thing this Becomes parents ' worries to his son who has dating and often together so that big opportunity fall into it child in do connection sex outside _ legal marriage . _ where is Adalah Case this is a judgenoto only based on the la , but the judge tries to for perform ijtihad in set something based on benefit mursalah The judge must notice the impact that will cbe aused by something that has it is set .]]>
<![CDATA[Analysis of Lack of Basis for Judge Considerations in Cases of Abortion by Teenagers ]]>
<![CDATA[LM Ady Saputra]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18339
<![CDATA[The purpose of this writing is to analyze what the judges consider about the crime of abortion (Decision Study Number: 90/Pid.Sus/2021/PN/Gto). The writing method used is Normative writing, using 2 approaches namely; law (statute approach) and a case approach (case approach). The results of this writing show; In decision Number: 90/Pid.Sus/2021/PN/Gto. Judges are not based on strong juridical considerations by applying the principle of lex specialist derogate legi general and the principle of lex posterior derogate legi priori,]]>
<![CDATA[Perlindungan Hukum Terhadap Investor Dalam Transaksi Investasi Bodong (Dalam Perjanjian Investor Dengan Fx Family Di Kec. Batudaa) ]]>
<![CDATA[Nur Rahmawaty B. Wantu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.15782
<![CDATA[Tujuan dari penelitian ini adalah untuk mengetahui bagaimana perlindungan hukum terhadap investor dalam transaksi investasi bodong dalam perjanjian investor dengan admin fx family di kec. Batudaa Kab. Gorontalo dan mengetahui bagaimana mekanisme dalam perjanjian trading forex. Metode penelitian yang digunakan adalah metode penelitian hukum normatif empiris. Dengan menggunakan pendekatan undang-undang dan pendekatan kasus serta Data yang diperoleh dalam penelitian ini dianalisis secara kualitatif, yaitu dengan mengumpulkan data, mengkualifikasikan kemudian menghubungkan teori yang berhubungan dengan masalah dan menarik kesimpulan untuk menentukan hasil. Berdasarkan hasil penelitian mekanisme perjanjian Investasi Fx Family berskema ponzy (Multi Level Marketing) dan tidak mendapat izin dari OJK maupun BAPPEBTI (Bodong) dan bentuk perlindungan hukum yang diberikan kepada investor untuk mengantisipasi investasi ilegal adalah melalui instrumen hukum yang dikeluarkan oleh OJK misalnya Bidang Edukasi dan Perlindungan Konsumen yang bertugas untuk memberikan pengetahuan dan perlindungan kepada masyarakat serta adanya Layanan Sistem Pelayanan Konsumen Terintegrasi Sektor Jasa Keuangan (Financial Customer Care System) yang menerima pengaduan dari masyarakat melaui e-mail, faxmili maupun telepon. Penyelesaian kasus investasi ilegal Fx Family sekarang dilakukan oleh Disreskrinus Polda Gorontalo yang telah melimpahkan berkas kasus investasi bodong Fx Family ke Kejaksaan Tinggi Gorontalo.]]>
<![CDATA[Law Enforcement Against Slavery of Indonesian Crews on Foreign Fishing Vessels ]]>
<![CDATA[Yunandar A. Supu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13265
<![CDATA[Abstract: This study aims to find out about law enforcement against the slavery of Indonesian crew members on foreign fishing vessels. The method used in this research is a type of normative research that uses a law approach and case studies. The results of this study indicate that international law enforcement related to slavery on foreign fishing vessels against Indonesian crew members has been stated in the Universal Declaration of Human Rights, Convention Against Torture and Other Cruel, In Human or Degrading Treatment or Punishment, Convention on The Elimination. of All Forms Of Racial Discrimination, in Fishing Convention, 2007 (No. 188). It is undeniable that these various legal instruments can protect Indonesian crew members who work outside the jurisdiction of Indonesia because the regulations contained therein, such as the ILO Convention Number 188 of 2007 contain requirements for ship conditions, accommodation, and food, safety, and health. employment, health services, and social security. ]]>
<![CDATA[Torture of Suspects in The Investigation Process ]]>
<![CDATA[Rifaldi W. Hasim]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16212
<![CDATA[Abstract: This study aims to analyze the juridical review of acts of violence committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police, as well as to examine the factors that led to violent acts committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police. This type of research is juridical empirical. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and; the Case approach (case approach). The results of the study indicate that the use of violence in the investigation process is prohibited because the suspect still has rights attached to him and guaranteed by the state through Law Number 8 of 1981 concerning the Criminal Procedure Code (Book of the Criminal Procedure Code). The use of violence in the investigation process is caused by the ignorance of the suspect/defendant regarding the law and the rights that are still attached to it.]]>
