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Estudiante Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 2987114X     DOI : 10.33756
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 358 Documents
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Socio Juridical Review Of The Criminal Action Of Embraction Of Fiduciary Objects (Case Study Of Kabila District, Bone Bolango District ) Hadrian Abdjul
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20533

Abstract

This research aim to find out Socio - juridical review of the crime of embezzlement of Fiduciary Guarantee objects . This study raises two issues, namely how the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects and what are the causative factors. This study uses an empirical legal research method with a sociological jurisprudence approach . The results of this study indicate that the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects in Kabila District, Bone Bolango Regency is based on the socio-juridical scope, namely, first the law, Second , state institutions that function to form or make and enforce the law , and Third , the interactive relationship between the formal legal system and the legal order of society. Factors causing the crime of embezzlement of Fiduciary Guarantee objects, namely First, economic factors, where the provision of fees is one of the reasons KN is willing to lend his identity to be used in Fiduciary Guarantee agreements by AHI. The second is the social environmental factor, where the friendship relationship that exists between the perpetrators of embezzlement of Fiduciary Guarantee objects is one of the reasons KN is willing to lend his identity to be used by AHI in the Fiduciary Guarantee agreement.
Legal Implications of Differences in Goods Price Labels in Shop Cashier Showcases for Entrepreneurs Suci Laboro; Nurul Fazri Elfikri
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v4i2.18462

Abstract

The purpose of this research is to know and analyze about iThe legal implication is that there is a difference in the price tag of goods on the window display and the shop cashier for entrepreneurs, which has implications for the provisions of the Consumer Protection Act and Permendag No. 35 of 2013 which can result in criminal sanctions and administrative sanctions as well as payment based on the lowest price tag. Based on the aspect of responsibility as a business actor, namely public accountability and private responsibility, it has implications for law enforcement (criminal sanctions and administrative sanctions). The problem of price differences in shop windows and during the payment process at the cashier also has implications for the course of the buying and selling process in social life, among other things, has implications for price uncertainty, injustice for consumers, and has implications for benefits that only benefit business actors... 
Legal Implications of the Judex Facti Decision that acquits the Defendant of Fraud in an Agreement Nurul Iin Pratiwi
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21797

Abstract

This study aims to determine the legal implication of the judex facti decision that acquits the defendant of the criminal act of fraud in an agreement. The research method used is a normative legal research method using an approach law (statute approach) and the case approach (case approach).The results of this study show the legal implications of the Judex Facti decision which acquitted the accused of the crime of fraud in an agreement in Decision Number 208/Pid.B/2019/PN Gto, even though it had been decided it was a civil case and freed the defendants from criminal charges, even at the next level in Cassation Decision Number 277 K/Pid/2020 related to the request for a criminal case at the cassation level that was requested by the Public Prosecutor, the decision rejected the cassation request from the cassation applicant. Therefore, the legal implications of the Judex Facti decision that acquitted the accused of fraud in an agreement had implications for legal certainty, as well as implications for the re-submission of lawsuits from criminal to civil.Keywords: Implication; Crime; Fraud; Agreement
Analysis of Factors Causing the Decline of the Oversight System of the Consultative Body of Malenge Village, Tojo Una-Una Regency Wahyu Hidayat N. Ahmadong
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i1.20917

Abstract

The purpose of this research is to find out the causal factors that influence the effectiveness of the supervision system for the Malenge village government, Tojo Una-una Regency. The research method used is an empirical research method using a qualitative approach. The results of this study are that the productivity of BPD performance in Malenge Village is still less efficient in carrying out its daily tasks and functions. This can be seen from the many (input) aspirations of the people who entered the BPD, only one was produced. Against the relatively large differences between the actual use carried out. Some of the examples are the regulations implemented by the BPD, only the Perdes regarding the Village Revenue and Expenditure Budget. From the results of the discussion above, we can conclude that the productivity of the BPD in Malenge Village is not good. Because it is not able to produce products of legislation for the Village in accordance with what is expected by the community. 
Legal Protection for Women as Victims of Domestic Violence Based on Article 1 of Law No. 23 of 2004 Cindra Ningsih Kohongia
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21807

Abstract

This study aims to analyze and find out the implementation and implementation of women's protection related to Law Number 23 of 2004 where families are harmonious, happy and love each other. It is everyone's goal to carry out their household life as expected. The results of the study show that family conflict has always been a supporting factor for the occurrence of acts of domestic violence, among which there are still many people who do not understand that if a conflict occurs, women and children are very vulnerable to becoming victims. This happens because the thought that everything that happens within the family sphere is a secret that cannot be known by the public (other people) and it is a disgrace for a husband and wife to tell about their household problems. Even so, violence is often used to describe behavior, both open violence where violence is seen, for example in fights. violence is closed, hidden, not done directly, as in threatening behavior.
Judge's Considerations in Granting the Request for Marriage Dispensation Sintiarawati Abdullah
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21486

Abstract

Implementation of Law No. 16 of 2019 concerning marriage on dispensation of marriage, a factor that was considered by the judges of the Limboto religious court in granting the request for dispensation of marriage after the enactment of UU No. 16 of 2019 concerning marriage.The Limboto Religious Court implements and implements Law Number 16 of 2019 concerning Marriage. The law regulates the minimum age for marriage as stated in article 7 paragraph (1), namely marriage is only permitted if a man and a woman have reached the age of 19. Then in Article 7 paragraph (2) In the event of a deviation from the age requirement as referred to in paragraph (1), the parents of the man and/or the parents of the woman can request dispensation from the Court with very urgent reasons accompanied by sufficient supporting evidence. . Article 7 paragraph (3) states that the granting of dispensation by the Court as referred to in paragraph (2) must listen to the opinions of both bride and groom who will enter into a marriage
Efforts to Overcome the Crime of Fishing Ship Shipping in the Police Area of the Water Police Unit (Polair) of the Gorontalo Regional Police Siti Noor Anizha
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21790

Abstract

This study aims to find out what factors led to the crime of fishing boat shipping without a permit in the police area of the Gorontalo Regional Police Water Police Unit (Polair) and how to deal with the crime of fishing boat shipping in the Police area of the Gorontalo Police Water Police Unit (Polair) . This research is an empirical juridical research which in other words is a sociological research type and can also be called a field research that examines the applicable legal provisions and what happens in reality in society. Based on the results of the study, shipping crimes that occurred in the Polairud Polda Gorontalo area generally arise and develop from several factors that cohere and affect one another, such as environmental factors and low awareness of laws and regulations in shipping crimes . In several laws and regulations as contained in Law Number 2 of 2002 concerning the Indonesian National Police that there are efforts made by the Police of the Gorontalo Police Water Police Unit (Polair), including ; preventive and repressive measures.
Applicability of Article 53 of Law No. 22 of 2001 in Supporting the Effectiveness of the Law Against the Hoarding of Subsidized Fuel Roziah Siti Fatima Yusuf
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.20661

Abstract

This study aims to analyze the applicability of Article 53 Law No. 22 of 2001 in Supporting the Effectiveness of the Law Against the Hoarding of Subsidized Fuel (from now on referred to as BBM) in the Resort Police Region of Gorontalo City and the factors that influence this. This type of empirical or field research uses a case approach and a statutory approach. The results of this study indicate the expected effectiveness of the law because, in terms of implementing the article, it is still challenging to implement and also because the lack of tightness in the distribution of subsidized fuel from Pertamina makes the hoarding easier. What influences the effectiveness of this law are factors such as the community, law enforcement, and sanctions, which still need to be stronger.. 
Revealing Obstacles to the Implementation of Diversion Against Children in Conflict with the Law Larasati Larasati
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21520

Abstract

The purpose of this study was to find out and analyze efforts to implement diversion against children who are in conflict with the law.Children who have violated the rules and are classified as criminal acts. The results of this study, researchers found thatFirst,theeffectiveness of the implementation of diversion for children who are in conflict with the law has not been effective. This is due to the lack of effort on the part of the perpetrator and the perpetrator's family in seeking diversion, the victim and the victim's family do not want to accept diversion, and the low understanding of members of the Gorontalo City Police on Diversion and the lack of welfare of police members have contributed to the process of implementing diversion to become less effective. Second, obstacles in the implementation of diversion against children in conflict with the law are caused by obstacles from the substance of the law caused by the Juvenile Criminal Court System Law itself, obstacles from the legal structure due to low and lack of human resources from the police, obstacles from the public
Causes of Actors Doing Household Abandonment Fitri Amalia Tine
Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i2.21690

Abstract

The purpose of this research is to know and analyze aboutWhat are the factors that cause the perpetrator to commit household abandonmentin Gorontalo and how are the efforts of the Gorontalo Regional Police in tackling cases of neglect in households in the province of Gorontalo. Based on the study conducted by researchers, it can be concluded thatFactors that cause the occurrence of criminal acts of domestic violence in the form of neglectnamely: 1) The public's lack of understanding of legal rules.2) As a result of the husband remarrying to another woman or a third person. The actions taken by the Gorontalo Regional Police in tackling criminal acts of neglect in the household are: 1) through mediation. 2) preventive or prevention. 3) curative namely through directed and integrated actions

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