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 Coping With The Case Of Thuggery In The Batudaa Sub-District ]]>
<![CDATA[Arjun Setiawan Zakaria]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.14224
<![CDATA[The implementation of this research was to find out and analyze how the role of the police in coping with thuggery cases in the Batudaa sub-district and to find out the factors that cause thuggery cases in the Batudaa sub-district. This type of research was empirical research. The results of the study showed that the role of the police in coping with thuggery cases in the Batudaa sub-district has been carried out by taking pre-emptive, preventive, and repressive actions. Meanwhile, the factors that caused the occurrence of thuggery cases in the Batudaa sub-district were the low level of public awareness due to several factors that caused the occurrence of criminal acts of thuggery, namely economic factors, understanding of the law, as well as unsupportive culture, and community environment.]]>
<![CDATA[Penguasaan Kawasan Hutan Oleh Masyarakat Sebagai Lahan Garapan Pertanian ]]>
<![CDATA[Zulfikri Trumpi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18784
<![CDATA[Abstract: Penelitian bertujuan untuk mengetahui penguasaan kawasan hutan oleh masyarakat sebagai lahan garapan pertanian. Metode yang digunakan dalam penelitian ini yaitu metodologi penelitian empiris dan menggunakan pendekatan kualitatif serta teknik analisis deskriptif dan kualitatif. Hasil penelitian ini menunjukan bahwa Indikator masyarakat masih menguasai tanah di kawasan hutan lindung pertama adalah karena mereka memiliki sertifikat atas tanah yang dimiliki secara temurun. Olehnya mereka memiliki kepastian hukum terhadap tanah yang digarapnya. Kedua adalah ketidakjelasan batas kawasan hutan yang setelah ditunjuk oleh pemerintah melalui satelit. Jika merujuk pada regulasi dimana setelah melakukan penunjukan lahan harus disertai pula dengan mengumumkan rencana batas Kawasan Hutan yang tertuang pada peta penunjukan kawasan hutan secara digital, terutama pada lokasi-lokasi yang berbatasan dengan tanah hak. Namun sebagaimana yang dijelaskan oleh masyarakat yang menempati kawasan hutan bahwa batasan batasan tersebut tidak ada, sehingga mereka masih saja melakukan garapan tanah di kawaaasan hutan tersebut.Kata Kunci: Indikator; Penguasaan; Hutan;]]>
<![CDATA[Authority Of the National Land Agency in The Implementation Of Mediation On Land Disputes In The City Of Gorontalo ]]>
<![CDATA[Sri Listiani K. Umar]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Nirwan Junus]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12865
<![CDATA[This research aims to find out the authority of the National Land Agency in the implementation of mediation on land disputes and the obstacles of the Gorontalo City National Land Agency in the implementation of mediation against land disputes. The research method used is empirical. The results of the research obtained by the author include the Authority of the National Land Agency whose rights are attached to the Gorontalo City Land Office, is the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning the Settlement of Land Cases is valid based on applicable laws and regulations. So that the Land Agency must resolve disputes that are complained about by the community without having to go through the judiciary if the parties are willing to be mediated by officers in the Land Office in question. Furthermore, the obstacles of the Gorontalo City Land Agency are still a lack of public awareness and understanding of mediation, the absence of the parties to the dispute, as well as the appointed mediator parties, still, the lack of certified mediator personnel and administrative complaints filed by complainants are incomplete.]]>
<![CDATA[Tracing the Legal Consequences of Refusing Covid-19 Vaccinations ]]>
<![CDATA[Suleman Ibrahim]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13275
<![CDATA[This study is intended to find out how the legal impact of the rejection of the vaccination policy by the people of Gorontalo. The type of research used is normative-empirical legal research. Namely, research that focuses on the existence of the mandate of legal norms (laws and regulations) with facts or patterns that exist in the field. While the approach used is a statutory approach and a case approach. The data sources used are primary data sources as the main data and secondary data sources as supporting data consisting of documents and scientific works related to the problems being discussed. The results show that the legal impact of refusing the vaccination policy by the public is the existence of administrative sanctions, sanctions, fines, and criminal sanctions for those who refuse the implementation of the Covid-19 vaccination policy, as specified in the legislation.Keywords: Legal impact; Policy; Covid-19 Vaccination]]>
<![CDATA[The Effectiveness of Otanaha Compliant Operations in Preventing Traffic Violations ]]>
<![CDATA[Cipto Kai]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18347
<![CDATA[Abstract: Purposeful researchknow ethe effectiveness of the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo and what are the inhibiting factors for the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo. This type of research uses empirical research methods carried out with a qualitative approach to primary and secondary data. The research was located at the Gorontalo City Police, the data used in this study were obtained using interview techniques. The results of this study can be concluded that The effectiveness of the implementation of the Otanaha Obedience Operation in Preventing Traffic Violations in the City of Gorontalo, namely: Lack of awareness from the public,The weather factor is not supportive, the community is not orderly towards traffic order, there is a lack of awareness of road users. The inhibiting factors for the implementation of Otanaha compliance operations in preventing traffic violations in the city of Gorontalo are: Helping the community in safety and public order in driving on the road, Reducing the number of road accidents, Increasing legal awareness indriving people,Socializing and notification of operations to the community.]]>
<![CDATA[Impact Of Implementation Of Decision Number: 150/Pid.B/2019/Pn.Lbo In The Case Of Employment Of Position ]]>
<![CDATA[Riskawati Malapo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13025
<![CDATA[Embezzlement is one of the criminal acts that can harm many people, especially if it is done by taking advantage of positions as regulated in Articles 372-376 of the Criminal Code. One of them in the decision 150/pid.b/2019/pn.lbo seen legal norms that were ignored by the judge, namely the norms of certainty, justice and benefit. pid.b/2019/pn.lbo and to find out the impact of the application of sanctions on the decision number: 150/pid.b/2019/pn.lbo. The research method used is normative legal research with a statutory approach. The results of the research show that the punishment in Decision Number: 150/pid.b/2019/pn.lbo has not fulfilled justice and legal certainty because the sentence imposed by the judge is only 10 months in prison. Meanwhile, legal benefits have been achieved because of the punishment imposed because later the cooperative and the victim will feel more calm and secure in conducting transactions at the Karya Cipta Savings and Loans cooperative. Furthermore, the juridical implications that arise are the non-fulfillment of the mandate of Article 374 of the Criminal Code regarding embezzlement with weights. The fact is that the defendant structurally has a position in the Karya Savings and Loans Cooperative which makes the sentence more severe.Keywords: Criminal Code, Embezzlement, Decision Number : 150/pid.b/2019/pn.lbo]]>
<![CDATA[Review Of Islam Law On The Impact Of Thrift Selling Of Goods In Gorontalo City ]]>
<![CDATA[Salim Alidrus]]>;
<![CDATA[Nur Mohammad Kasim]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23402
<![CDATA[The purpose of this study is that this research discusses the review of Islamic law on the impact of buying and selling thrift goods in Gorontalo City . As for the objectives of this research are: to find out how the review of Islamic law on the impact of buying and selling thrift goods 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 Saturday and Sunday Markets in Gorontalo City. The results obtained from this study are that in Islamic law the practice of selling is not in accordance with one of the pillars and conditions of the contract, namely Ma'qud alaih (object), because the goods are not clearly specified. Sellers and buyers do not know clearly the quality of goods with certainty or gharar. Therefore, this thrift sale and purchase is included in the ghajr sahih fasid contract because one of the pillars is not fulfilled and ghair shahih , a vanity contract because it is not clearly specified so that it does not have a legal impact.]]>
<![CDATA[Victimological Review Of The Criminal Offence Of Child Abuse By Father And Step-Uncle ]]>
<![CDATA[Rizal Alulu]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23118
<![CDATA[Abstract: This study aims to determine the victimology review of victims of criminal acts of child molestation committed by their stepfather and uncle. This research raises two issues, namely how to review the victimology of victims of criminal acts of sexual abuse and the form of legal protection for children who are victims of criminal acts of sexual abuse. This research uses empirical legal research methods with a descriptive approach. The results of this research show that children who are victims of criminal acts of sexual abuse have a passive role in that they do not act, but with their attitude they push themselves to become victims, resulting in crimes occurring against them, whose nature and character tend to be weak physically and in terms of their thinking power. The legal protection provided is contained in Law Number 35 of 2014 in place of Law Number 23 of 2002 concerning Child Protection. Protection efforts include the rehabilitation of children who are victims and providing protection for the broadcast of victims' identities to prevent labeling of children which affects the future of children who are victims of criminal acts of sexual abuse.]]>
<![CDATA[Legal Measures to Prevent and Overcome the Occurrence of Drug Crime ]]>
<![CDATA[Indriyanti Agustina Rahjm]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18493
<![CDATA[The purpose of this research is to find out and analyze the legal efforts that have been made in preventing and overcoming drug crimes in the city of Gorontalo.This research uses a type of empirical legal research that uses facts in the field as the main data in compiling the research. The type of data used is primary data consisting of interviews with respondents, observation and documentation; and secondary data consisting of books, scientific articles, and other data sources that are considered related to the issue being discussed. The results of the study show that first, the factors that cause drug crime in Gorontalo City are economic factors, psychological factors, and environmental factors.Second,the legal remedy carried out by the investigator at the Gorontalo City Police for drug crimes is to take action as determined.]]>
<![CDATA[Judge's Decision on Child Crimes ]]>
<![CDATA[Sulastri Arfan Gani]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18350
<![CDATA[This study aims to determine judges’ decisions on criminal acts of juvenile delinquency. The method used in this study is normative research methodology and uses a statutory and shirt approach as well as descriptive analysis techniques. The results of this study indicate that the judge's considerations in deciding cases of crimes of violence committed by children can be seen from the two decisions by looking at the facts of the trial where the evidence submitted by the public prosecutor and the evidence was acknowledged by the defendant and also looking at the testimony of witnesses which also adds to the arguments against the defendant so that in the court process the judge is stronger in the judge's conviction to decide on the case on a fair basis seeing in the defendant, the judge does not find justification or pardon that can relieve the defendant from his case so that he must be held accountable.]]>
