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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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Analysis of Factors Impeding Legal Optimization in the Settlement of Land Disputes through Mediation in Biau District, Buol Regency Mohamad Ifan Ridwansyah
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.v5i2.22500

Abstract

The purpose of this study is to determine what factors impede the optimization of the law of land dispute resolution through mediation in biau district, buol Regency. This study uses empirical research methods using a qualitative approach. The result of this study is that the Biau District Office of Buol Regency has performance problems in resolving land disputes through mediation which is an important factor because it is one of the districts located in the capital of Buol Regency. The Biau district government in handling land dispute mediation cases is not optimal and efficient in its performance of its duties, especially in resolving disputes will greatly affect the success of agrarian cases in biawu district. One of the main problems that occurred in 2018, 2019, and 2020 is a problem that almost every year increases. This can be a reference to Article 12 paragraph 5 which states that disputes or conflicts are not the authority of the Ministry of Agrarian affairs, for that the district government can mediate against people who have cases or agrarian problems.
The Role of Legal Aid Station in Legal Aid Services in District Courts Gorontalo City Irawati Salim Ismail
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.v5i2.18480

Abstract

This study aims to find out how Legal Aid Services are provided by the Legal Aid Station at the Gorontalo City District Court and the obstacles in Legal Aid Services by Legal Aid Station at the Gorontalo City District Court. This type of research is Empirical Research with a descriptive approach. The results of the study show that Legal Aid Services by the Gorontalo District Court Legal Aid Station are not yet fully effective. Many people do not know about the existence of Legal Aid Station because of a lack of socialization in the community, more cases are handled and almost all of them are appointments of judges, the location of the Legal Aid Station is less strategic, lack of communication between the Legal Aid Station and the Court, the number of human resources is not proportional to the number of cases, as well as income that is disproportionate to expenses, especially civil cases. But in this case, the services in the field of providing information, consulting, and making legal documents are going well. The Legal Aid Station of the Gorontalo District Court needs to provide education in the form of outreach to the public as well as a thorough evaluation of legal services for the less fortunate.
Causative Factors of Criminal Acts Teacher Mistreatment of Students Siti Adira Yahya Putri; Suwitno Yutye Imran; Julisa Aprillia Kaluku
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23729

Abstract

This study investigates the impact of providing restitution on child victims of pornographic video distribution, utilizing empirical legal methods and case-based analysis. The study explores the implementation of restitution for children under Article 7A of Indonesia's Law No. 31/2014 on Witness and Victim Protection and Government Regulation No. 43/2017 on Restitution for Child Victims of Criminal Acts. The research identifies factors influencing the restitution process, including a lack of legal understanding among children, parents, and families of both perpetrators and victims, as well as challenges arising from government regulations on restitution. Restitution, governed by legal frameworks, is recognized as insufficient to eliminate the crime or case resolution. Challenges in restitution fulfillment also stem from the absence of a Witness and Victim Protection Agency, leading to delays in awaiting decisions and assessments from the Central LPSK. Economic capacity and the perpetrator's willingness further impact the restitution process
Action Management of Commercial Sex Worker Cases Kurniawan Gumalangit
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.v5i2.18592

Abstract

This study aims to determine qualitative study of handling cases of commercial sex workers.The method used in this study is empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study indicate thatLaw Enforcement in Handling Commercial Sex Workers (PSK) in Gorontalo City is carried out in two ways, namely preventive enforcement and repressive enforcement. Preventive enforcement of course there are various steps taken to prevent the practice of prostitution, namely legal counseling, conducting patrols and giving warnings. Meanwhile, repressive enforcement is carried out in two ways, namely coaching and inviting parents. So that from law enforcement it can be seen that there has been no implementation of the provisions of regional regulations that have been made such as the imposition of criminal sanctions, but only the imposition of social sanctions by the law enforcers themselves. 
Juridical Analysis of Minors' E-Commerce Transactions Are Related To Article 1320 of the Civil Code's Agreement Terms Aditya Algifari Badu; Mutia Cherawaty Thalib; Abdul Hamid Tome
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23069

Abstract

The purpose of this study is to determine the validity of the Terms of Agreement on Transactions through e-commerce conducted by minors, which is divided into two sub-discussions, namely first how the validity of agreements in e-commerce transactions according to Article 1320 of the Civil Code and second how the legal protection of the parties in conducting e-commerce transactions conducted by minors. This type of research is a qualitative literature research with a juridical-normative approach. The results of this study show that agreements through e-commerce are declared valid and declared born when an agreement is reached regarding the object being promised, and cannot be separated from what has been basically stated by Article 1320 of the Civil Code by using electronic media so that the contract is not realized in writing. E-commerce transactions are carried out by parties, one of which is under age, the agreement is considered valid as long as it does not harm both parties, and the underage party understands the agreement that must be fulfilled and is responsible for what has been agreed upon.
Providing Restitution to Children Victims of Pornographic Video Distribution Riski Mohamad Rasjid; Suwitno Yutye Imran; Nuvazria Achir
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23730

Abstract

This study aims to determine the effect of providing restitution on child victims of the distribution of pornographic videos. This research uses empirical legal methods and is based on cases that occur, then analyzed descriptively. The results of the study that the implementation of Restitution of Children as Victims of the Distribution of Pornographic Videos based on Article 7A of the Law of the Republic of Indonesia Number 31 of 2014 concerning the Protection of Witnesses and Victims and PP No.  43 of 2017 concerning the Implementation of Restitution for Children Victims of Criminal Acts. Factors Affecting the Provision of Restitution to Child Victims Distribution of Pornographic Videos, where children and parents or families of both perpetrators and victims do not understand the law, and the existence of Government Regulations (PP) regarding the provision of restitution that must be received by victims. Restitution is certainly not to remove the crime and the process of solving a case. The problem that affects the fulfillment of restitution is also due to the absence of the Witness and Victim Protection Agency so it must wait for the decision and the results of the Central LPSK assessment. In addition, it is also determined by the economic ability and the will of the perpetrator.
The Role of the Police in Settlement of Land Confiscation Cases in Buol District Mega Cahyani Y. Datu
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.v5i2.18538

Abstract

This study aims to find out the role of the Police in solving land grabbing criminal cases, as well as what factors are the obstacles for the police in resolving land grabbing criminal cases. In this study, researchers used empirical research. This research was conducted at the Buol Polres, which was then conducted by looking at data on reports of cases of land grabbing in Buol district, as well as interviews with the Buol Resort Police. From the results of the study it can be seen that the police are very careful in resolving cases of criminal acts of land grabbing in Buol district. In the process of resolving cases of land grabbing by the Buol Resort Police, the reporter always prioritizes the importance of completing the data.
Implementation Of Occupational Safety And Health Management System At PT. Port Indonesia IV (Persero) Gorontalo Branch Margaretha Husain; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23606

Abstract

Pelabuhan Indonesia IV (Persero) Gorontalo Branch is one of the State-Owned Enterprises engaged in Port Services, Ship Services, Goods Services, and Container Terminals. PT Pelabuhan Indonesia IV Gorontalo branch is also one of the companies in Gorontalo that implements an occupational safety and health system in the company's operational processes. The company needs to prepare facilities and infrastructure as well as programs that can minimize the number of work accidents in the company, preparations made to anticipate and reduce the number of work accidents caused by hazard factors and the risk of work accidents consist of hazard identification, assessment of potential hazards, organization and means of operational supervision of emergency action planning, dissemination of information to employees and the surrounding community regarding company actions in an effort to prevent the emergence of environmental pollution hazards generated by the company. ensure occupational safety and health in the company and reduce the risk of accidents in the work environment. Therefore, the Occupational Safety and Health Management System is very important for companies and workers to minimize the occurrence of work accidents in the work environment. We cannot underestimate all matters relating to work safety.
Studying the Steps of the General Election Commission in Responding to the Recommendations of the Election Supervisory Body Bintang Muhamad Hendri; Ahmad Ahmad
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.v5i2.18726

Abstract

This research is to find out the GEC's steps in responding to Election Supervisory Body (ESB) recommendations of the Gorontalo Regency in the 2020 Pilkada. The method used in this research is a normative research type that uses a statutory and case study approach. The results of this study indicate that in responding to the Gorontalo ESB recommendation letter, the Regency GEC Gorontalo held a plenary meeting with the ability to conduct consultations with the Gorontalo Provincial GEC, then the Gorontalo Regency GEC asked for information from the election candidate as the reported party, then the GEC asked for information as well as consulted with experts including legal lecturers and also related officials who ultimately poured out the results of the study by making the Gorontalo Regency GEC decision Number: 658/KPU-Kab/X/2020 concerning Follow-Up of the Recommendations of the Gorontalo Regency Election Supervisory Body (ESB) Against Alleged Election Administration Violations, dated 17 October 2020 in Fo Form PATL-2 based on the provisions of Law Number 1 of 2015 and GEC Regulation Number 13 of 2014.
Application of Criminal Sanctions Against Illegal Mining Perpetrators According to Law Number 3 of 2020 Laras Cipta Ilahi; Nirwan Junus; Jufryanto Puluhulawa
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23259

Abstract

The purpose of this study is to determine and analyze the application of criminal sanctions against illegal mining actors according to Law Number 3 of 2020 in Dengilo District, Pohuwato Regency, and to determine and analyze the impact of illegal mining in Dengilo District, Pohuwato Regency. The type of research used in this study is empirical legal research using data collection techniques through direct observation and interviews with related parties. The results of this study show that the application of criminal sanctions in Kec. Dengilo is still not optimal, because there are still many perpetrators who continue to carry out activities secretly at the mine site. The miners carried out mining activities at night using heavy equipment even though it had been prohibited by the authorities. The government of Dengilo District, Pohuwato District, has made socialization efforts to the community regarding the provisions governing mining problems and sanctions for those who violate these provisions and has collaborated with the Pohuwato Regional Police in following up perpetrators of illegal gold mining crimes by the provisions of Law Number 3 of 2020. The impact caused by illegal gold mining in Dengilo District is positive: increasing local income, accommodating labor, and increasing community income. Negative impacts: river water pollution, damage to agricultural land, destruction of forest areas, causing casualties, causing landslides, and disrupting public health. Therefore, the government should facilitate and determine community mining areas. 

Page 24 of 36 | Total Record : 358

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