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[Problems of Investigators in the Legal Process Against Children as Perpetrators of Abuse ]]>
<![CDATA[Putri Mulya Pulukadang]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18652
<![CDATA[This study aims to determine investigators’ problems in the legal process against children as perpetrators of abuse. The research method used is empirical research descriptive qualitative research approach and using descriptive data analysis techniques. The results of this study indicate that there are two problems faced by investigators in the legal process against children as perpetrators of abuse, namely internal problems,s and external problems. Internal problems of course consist of several things, including investigator resources, the lack of an investigative budget, and the lengthy stages of the legal process. While the external problems faced are the lack of community support, the legal awareness of the community is still minimal, and the problem of evidence and technological developments is increasingly sophisticated.]]>
<![CDATA[Factors That Cause Families To Commit Crimes Against Children ]]>
<![CDATA[Zhakilla Salsabilla Rizky Imani Pulubuhu]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23588
<![CDATA[This research aims to find out what factors cause families to commit criminal acts against children. This research uses empirical research methods by taking a qualitative approach. The results of this research found that cases of criminal acts against children occurred twice at the Gorontalo City Police in the past 3 years. In the child kidnapping case handled by the Gorontalo City Police, this case has become a case that has shocked Gorontalo residents recently. There was talk of a six year old child with the initials NV who suddenly disappeared and had even been searched for but not found around the city of Gorontalo until it was recently discovered that he had been taken by his aunt to Jakarta without his parents knowing. The perpetrator has been arrested by the Gorontalo City Police and stated that this case is currently in the second stage, namely the prosecutor's handling stage. Meanwhile, in the case of abuse that resulted in death, a five year old child died as a result of torture which caused several lacerations and bruises until the victim finally died. The perpetrators of this case are known to be the victim's step-grandmother, the victim's step-mother and none other than the victim's biological father.]]>
<![CDATA[Legal Protection Of Personal Data According To Financial Services Authority Regulation ]]>
<![CDATA[Lidwina Savira Nurulhaq]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23833
<![CDATA[the purpose of this study is to determine the legal protection of personal data of bank customers according to Law No. 8 of 1999 on Consumer Protection and how the implementation of the Financial Services Authority (OJK) Regulation No. 12/PJOK.03/2021. The method used is using sociological juridical research method, using a descriptive qualitative research approach and interactive analysis techniques. The result of this research is that it arises because the issue of data protection and customer information in Indonesia has become a new problem in the banking world. On the other hand, adequate forms of protection for a customer's privacy rights have not been implemented into legal instruments. Similarly, the existence of various laws (UU) that have the authority to manage one's data and information, are not given limits to avoid violations that result in unprotected data and information of a person.]]>
<![CDATA[The Crime of Embezzlement in Criminology Studies ]]>
<![CDATA[Hairunnisa Ismail]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18336
<![CDATA[This study aims to identify and analyze the factors causing the crime of embezzlement of money and steps to deal with the crime of embezzlement by the Gorontalo City Police. The type of research used is Emperis research or field research with a case approach. The results of this study indicate that There are 2 factors causing the crime of embezzlement in Gorontalo City, namely internal factors and external factors. Whether it's because of economic, environmental, or educational factors and committing crimes: the efforts made by the Gorontalo City Police in dealing with embezzlement of money, namely by taking preventive steps by conducting patrols, education and legal counseling and repressive (enforcement) provide strict sanctions in accordance with applicable rules]]>
<![CDATA[Responsibility for Village Financial Management in Dutuno Village, Paleleh District, Buol Regency based on Permendagri ]]>
<![CDATA[Muhammad Nur Iman Odja]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.22467
<![CDATA[The purpose of this study was to determine the accountability of Village Financial Management in Dutuno Village, Paleleh District, Buol Regency according to Permendagri No. 20 of 2018. This study uses empirical research methods with a qualitative approach. The results of this study, namely village financial management accountability is a problem until now in Dutuno Village, Paleleh District, Buol Regency, because the village government is not open to the public in terms of informing village financial management accountability reports in accordance with Permendagri No. 20 of 2018 on Village financial management accountability in Dutuno Village, Paleleh District, Buol Regency, of course, this a problem when the accountability of village financial management is not carried out according to applicable rules.]]>
<![CDATA[Legal Considerations in the Disparity of the Judge's Decisions Have Fulfilled a Sense of Justice ]]>
<![CDATA[Nur Risqy Afieany Rahim]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18486
<![CDATA[The purpose of this research is to know and analyze aboutthe cause of the disparity in judge decisions that occurred in narcotics abuse cases with case number 94/Pid.Sus/2018/PN.Gto and number 138/Pid.Sus/2019/PN.Gto and to find out and analyze whether the sentence imposed by the judge In this disparity case, it is in accordance with justice or not with normative research methods using a case approach. The technique used is a systematic technique through literature study and using descriptive analysis techniques as a support.The results of the analysis in the resulting research are first in the disparity case number 94/Pid.Sus/2018/PN.Gto and number 138/Pid.Sus/2019/PN. Gto there are factors that influence the judge's decision including legal factors, factors evidence, and individual historical factors or trial facts. The two criminal sentences carried out by the judge, in this case, are considered to be far from justice because the results of the judge's decision are far greater in the second case than the first due to several influencing factors]]>
<![CDATA[Implementation of Investigations into the Crime of Incest by the Biological Father Against the Child Incest ]]>
<![CDATA[Safrizal W. Yantu]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Avelia Rahmah Y. Mantali]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23029
<![CDATA[The main problem in this research is the process of investigating criminal acts of incest committed by the biological father against the child in the jurisdiction of the East City Police. biological father of the child at the East City Police. The aim of the research is to find out and explain the implementation and investigation of criminal acts of incest committed by the biological father against the child (Incest) at the East City Police. The results of the research are that the process of investigating the criminal act of incest by the biological father against the child is carried out in stages, making a report, conducting an investigation, carrying out a Visum et Repertum, sending a letter notifying the start of the investigation, conducting examination of witnesses, carrying out a case title to determine the suspect, carrying out coercive measures, examination of suspects, collection of evidence, filing.]]>
<![CDATA[Loss of Child Custody to a Father ]]>
<![CDATA[Mohamad Rizaldi Fitra Abadi]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.18338
<![CDATA[This study aims to determine the transfer of child custody to a father. 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 according to the Compilation of Islamic Law, the custody of a child to a father after a divorce is the right of the mother to take care of a child who is not yet mumayyiz or not yet 12 (twelve) years old. But if you look at the contents of decision number 448/Pdt.G/2018/PA. But where the judge imposes child custody on a father, after analysis that the judge does not only refer to the applicable laws and regulations, but the judge has the authority to assess, analyze and decide under the facts presented in court and prioritize the interests and welfare of children.]]>
<![CDATA[Noodweere: A Challenge of Justice for Investigators ]]>
<![CDATA[Sadarudin Babuta]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 2 JUNI 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i2.18607
<![CDATA[This study aims to analyze the primary considerations for the police to determine the victim of abuse as a suspect in a crime related to noodweer, as well as to examine the legal remedies that can be taken in determining him as a suspect for the alleged crime of persecution that was carried out by force. This type of research is normative-empirical legal research. The approach used is the Statute Approach; and the case approach. The results of the research show that the primary considerations of investigators in determining someone to become a suspect, even if the person concerned is a victim in the crime of persecution, are determined by the results of the visum et repertum and two sufficient pieces of evidence and two witnesses. A person who is arrested/detained after being named as a suspect, can carry out a pre-trial if the act of arrest/detention is deemed illegal, and violates the provisions of the applicable laws and regulations. ]]>
<![CDATA[Application of Regional Regulations on Public Order in Handling Homeless and Beggars ]]>
<![CDATA[Alhimny Fitrah Janu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.20549
<![CDATA[The purpose of this research is to find out what is the effectivenesstackling homeless and beggars in Gorontalo City based on Article 23 of Regional Regulation No. 1 of 2018 concerning Public Order. Then also to know and explain what are the factors that hinder the handling of homeless people and beggars. The results of the study show that the prevention of homeless people and beggars in Gorontalo City has not been effective. This is due to the fact that the efforts being made are limited to repressive efforts by using the Civil Service Police Unit as a government apparatus based on the Gorontalo City Regional Regulation Number 1 of 2018 concerning Public Order. Then the factors that hinder the handling of homeless and beggars are divided into internal factors, including: limited operational costs, lack of facilities and infrastructure, lack of agencies involved, and leakage of information to the public. The external factors are: the presence of persons coordinating the homeless and beggars, and the habit of the people who like to give.]]>
