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[Children as Perpetrators of Crimes of Abuse (A Review of Restorative Justice Completion in Indonesia) ]]>
<![CDATA[Moh Husen Alhasni]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20149
<![CDATA[This research aims to explain the phenomenon of children as perpetrators of violent crimes and examine the restorative resolution approach in Indonesia. In recent years, there has been an increase in the number of cases of violence involving children as perpetrators in Indonesia. The existence of children as perpetrators of violent crimes raises serious concerns about the future of the younger generation and the security of society. The research method used in this writing is Juridical Sociological research and uses a qualitative research approach that is descriptive in nature and uses interactive analysis techniques. the research findings show that the restorative resolution approach has been recognized as a more effective alternative and focuses on victim recovery, offender development, and social reintegration. Restorative resolution involves a process of mediation and dialogue between the victim, offender and the community. The results show that this approach provides space for juvenile offenders to understand and take responsibility for their actions, while victims can express the psychological and emotional impact they have experienced.]]>
<![CDATA[Fulfillment Of The Right Of Justice When Persons With Disabilities Commit Criminal Acts ]]>
<![CDATA[Febriyanti Bulo]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13027
<![CDATA[This study aims to find out the fulfillment of the right to justice when people with disabilities commit criminal acts. The research method used is empirical research by conducting sample withdrawal using purposive sampling and data analysis using qualitative research approaches. The results showed that the fulfillment of the rights of persons with disabilities in the batucada police jurisdiction is less than optimal even though the police have carried out their role as law enforcement by carrying out the process of investigation and investigation on a person with disabilities as a criminal perpetrator. However, it has not been fully maximized in fulfilling the rights of justice of persons with disabilities themselves because it can be seen based on the data and information obtained that when persons with disabilities face the law, in this case, is a criminal offender, the police only focus on the use of regulations that are generally without being supported by special regulations, in this case, is law No. 8 of 2016 concerning Persons with Disabilities which explains About the rights of a disabled person. Police, especially investigators, can better understand law number 8 of 2016 on persons with disabilities so that in the process of examination in the police the right to justice of a person with a disability can be more fulfilled as a whole.]]>
<![CDATA[Law Enforcement Efforts for Child Murder ]]>
<![CDATA[Wahyu Latief]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20409
<![CDATA[The purpose of this study was to find out what are the factors that cause children to commit murder crimes, as well as to find out what efforts are made by the Gorontalo City Police in overcoming the occurrence of a murder crime committed by children. This research was conducted using empirical legal research methods. The results of this study can be seen that the factors that cause children to commit murder are internal factors which include unstable emotional factors, misunderstanding factors, vengeful factors, psychological factors, and weak faith factors. While on external factors, namely family factors, economic factors, alcoholic beverage factors, and child neglect factors. While the countermeasures carried out by the Gorontalo City Police are pre-emptive efforts which are basic actions in the form of appeals, then preventive efforts are continued efforts preemptive in the form of direct and repressive preventive measures which are punitive efforts or law enforcement efforts]]>
<![CDATA[Return of State Losses In The Investigation Process That Can Eliminate Criminal Perpetrators of Corruption ]]>
<![CDATA[Andi Mirzan Doda]]>;
<![CDATA[Fence M. Wantu]]>;
<![CDATA[Dian Ekawaty Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19935
<![CDATA[The purpose of writing to be achieved in this paper is to know and analyze the return of state losses in the investigation process that can eliminate criminal perpetrators of corruption. This research is a normative legal research using the statutory approach "statute approach", the case approach "case approach", and the conceptual approach "conceptual approach". This study used analytical descriptive analysis techniques. The results of this study show that the return of state financial losses in the investigation stage of corruption can stop the process of handling criminal acts through police discretion. One of the elements of corruption is the element of state loss, meaning that when it has been returned, it means that the element has been lost, meaning there is no loss as a logical consequence of the Constitutional Court decision No. 25/PUU-XIV/2016. But with the condition that it must be before the investigation stage through police discretion and if it is based on the Lex Posterior Derogate Lege Priori, meaning that the new law overrides the old law, meaning that the new regulation ignores or overrides the old regulation in the same respect]]>
<![CDATA[Legal Protection for Victims of Domestic Violence ]]>
<![CDATA[Sarjono Sarjono]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20464
<![CDATA[The purpose of this research is to find out what is becomingfactors causing violence against women in the household as well as legal protection efforts for victims of violence against women in the household in the Kusambi Police Region, West Muna Regency. The research method used is Empirical. Legal protection efforts that can be given to victims of domestic violence in the Kusambi Police area from the perspective of police victimology in minimizing the incidence of victims of domestic violence in the Kusambi Police area are carried out using a preventive approach, which is a follow-up effort from pre-emptive efforts. which provides counseling and outreach to the community. Meanwhile, repressive efforts are by way of law enforcement against perpetrators of domestic violence in accordance with applicable punishments. ConclusionFrom the point of view of critical victimology, the main factors that cause violence against women contain three points, namely in terms of substance, constraints by law enforcement officials, and the legal culture of society. Forms of legal protection that can be given to victims of domestic violence in the Kusambi Police area from a victimological perspectivenamely preventive efforts andrepressive.]]>
<![CDATA[Legal Protection Model for Victims of Illegal Investment Crimes ]]>
<![CDATA[Agus Susanto]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Dian Ekawaty Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19917
<![CDATA[The purpose of this study is to analyze and construct a model of legal protection for victims of illegal investment crimes. This research is a type of normative research using several approaches, namely the statute approach, case approach, and conceptual approach. The analytical technique used in this study is using analytical descriptive techniques. The results showed that the legal protection model for victims of illegal investment is to reform the Money Laundering Law with an asset recovery approach to the Corruption Eradication Law. The concept contained in Article 18 of the Corruption Eradication Law is an additional crime that can be conceptualized in the provisions of the Money Laundering Law.]]>
<![CDATA[Rights and Obligations of Children to Parents as Objects of Commercial Content on Tiktok According to the Marriage Law ]]>
<![CDATA[Hana Yunita Wagimin]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19944
<![CDATA[This study aims to find out how the rights and obligations of children towards parents as objects of commercial content on TikTok according to the marriage law. The research method used is normative. The results of the study show that the rights and obligations of children towards their parents are based on the Marriage Law; children must respect their parents and obey their good wishes. And if the child has grown up, he is obliged to look after according to his ability, parents and family in a straight line upwards, if they need help. Legal consequences for children who do not carry out their alimony obligations towards parents, namely parents can submit a determination to the District Court and file civil lawsuits regarding unlawful acts (PMH) committed by children due to non-fulfillment of children's obligations in providing care to parents whether it's looking after and caring for parents in a healthy or sick condition, as well as providing a living and other things, including the cost of compensation.]]>
<![CDATA[Criminological Review On The Impact Of The Abuse Of Alcoholic Beverages That Trigger Criminal Actions In The City Of Gorontalo ]]>
<![CDATA[Putri Regina Titania Inggile]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20331
<![CDATA[The purpose of this research is to discuss the impact of alcohol abuse that triggers criminal acts in the city of Gorontalo . The objectives of this research are: to find out what are the factors and impacts of alcohol abuse in Gorontalo City.This study uses empirical legal research methods. Empirical legal study itself is a study that views law as a reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Gorontalo City Police. The results obtained from this study are that the prevalence of alcohol abuse in Gorontalo City occurs due to internal factors such as age, gender, individual norms (personality), education, psychology and others, as well as external factors such as the environment and friendships. The influence of alcoholic beverages can lead to a crime. ]]>
<![CDATA[Legal Review on Online Sales Tax Collection (e-Commerce) at the Pratama Tax Office Gorontalo City ]]>
<![CDATA[Nur Oktapiana S. Tungko]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20069
<![CDATA[Abstract: The purpose of this paper is to identify and analyze the mechanisms for collecting online sales tax (e-commerce) as well as to identify and analyze the constraints and efforts by KPP Pratama Gorontalo in managing online sales tax (e-commerce) at the Pratama Gorontalo Tax Office. The method used in this writing is byempirical legal research methods. The results show that online merchants (e-commerce) are subject to an obligation of Value Added Tax of 11% or Value Added Tax on luxury goods from every sale made. In addition, it is subject to income tax of 0.5% of turnover which is less than 4.8 billion per year. The problem with online merchant tax management is a self-assessment system that allows traders who do not have awareness as taxpayers to register themselves and their businesses as tax objects. Existing regulations do not regulate the certainty of legal sanctions for online traders who do not fulfill tax obligations and taxpayer registration obligations for online traders. Keywords: Tax; Online Sales]]>
<![CDATA[Cultural Heritage Zoning System of Otanaha Fort Gorontalo City: Its Implementation in Regional Regulations ]]>
<![CDATA[Andi Muliadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.20421
<![CDATA[The purpose of this study is to determine and analyze the implementation of the zoning system in the cultural heritage of Fort Otanaha in Gorontalo Province. This research uses a type of normative-empirical (applied) research, which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on a certain legal event that occurs in society. Based on the results of the study, it was concluded that in the application of the zoning system in accordance with the mandate of applicable laws and regulations, it is necessary to have a legal umbrella, namely a derivative regulation that can become a legal umbrella and become an extension to realize the mandate stated in the Cultural Heritage Law so that the cultural heritage of Fort Otanaha can be preserved and passed down from generation to generation.]]>
