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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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Police Performance Against the Implementation of Investigation of Children as Perpetrators of Obscenity Muhamad Vikram Ahmad
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v0i0.14986

Abstract

Abstract: This study aims to find out how the police's efforts in investigating children as perpetrators of criminal acts of obscenity and knowing the factors that hinder the police in investigating children as perpetrators of sexual abuse in Gorontalo. The type of research used in this article is empirical legal research using a qualitative approach. The results of this study indicate that the investigation of children as perpetrators of criminal acts of obscenity is regulated in Law Number 11 of 2012 concerning the Criminal Justice System for Children based on the principles of protection, justice, non-discrimination, best interests of children, respect for children's opinions, survival and growth. child development, child development and guidance, proportionality, deprivation of liberty and punishment as a last resort, and avoidance of retaliation. There are two stages of investigation of children as perpetrators of criminal acts, namely investigation, and investigation. The investigation is more directed at searching and finding events that are suspected of being criminal acts, while investigations are more directed at searching and finding evidence to arrest suspects which include summons, arrests, searches, confiscations, detentions, and examinations. Then the inhibiting factors in carrying out investigations of children as perpetrators of criminal acts of obscenity are the lack of witnesses in the obscenity case and the lack of time efficiency between the investigator and BAPAS (Penitentiary) to work together in resolving the obscenity case. 
Legal Process for Banking Negligence in Violations of Customers' Privacy Rights and Personal Data Pulubolo, Rifky; Thalib, Mutia Cherawaty; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24195

Abstract

This research aims to find out and analyze the legal process for banking negligence in violating privacy rights and personal data.This research is classified as normative research with a statutory approach and a case approach. The research results show that personal data subjects have the right to sue and receive compensation for violations of the processing of personal data about themselves in accordance with statutory provisions. This is stated in Article 64 Paragraph (1) of Law no. 27 of 2022 concerning Personal Data Protection, "Personal Data dispute resolution is carried out through arbitration, court, or other alternative dispute resolution institutions in accordance with statutory provisions. Non-litigation resolution is through arbitration or alternative dispute resolution institutions. Meanwhile, for settlement through litigation, criminal liability can be carried out or through civil lawsuits.
Legal Review of Ferdy Sambo Decision From the Perspective of Justice of the Offender Riskiqa Sekarsari, Nesha Sarah; Puluhulawa, Jufryanto
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.23642

Abstract

Abstract: The purpose of the research is to find out what factors influence the imposition of sanctions for illegal mining crimes in decision No. 177/Pid.Sus/2022/PN Gto. The research method used in this research is the normative research method by taking a statutory approach. The results of this study Illegal mining has a detrimental impact, both for official permit holders and the environment. Perpetrators of illegal mining can be subject to criminal sanctions in accordance with the provisions in Law Number 4 of 2009 concerning Mineral and Coal Mining. Criminal sanctions that can be given include imprisonment and fines. The factors that influence the decision of Decision Number 177/Pid.Sus/2022/PN Gto are laws and regulations, violation of the law, involvement of the defendant, absence of a valid permit, level of loss and environmental impact, and mitigation factors.
Analysis of the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area Siti Nur Magfirah A. Hudodo; 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.v5i3.24033

Abstract

The purpose of this research is to find out the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area. In this research, the author uses normative research method or normative juridical research. This normative research includes library research or document study, because the object studied is in the form of public official documents, namely official data from the Gorontalo Religious Court. The results of this study researchers found preliminary data in the Gorontalo Religious Court, there is 1 (one) case of Itsbat Nikah application which is contrary to Article 3 and Article 9 of Law Number 1 of 1974 jo. Law Number 16 of 2019 concerning Marriage, as well as Article 40 of the Compilation of Islamic Law (KHI) but by the panel of judges the case was granted and there was 1 (one) itsbat nikah case Number 255/Pdt.P/2022/PA.Gtlo with the same type of application case but there were differences in the judge's consideration in deciding the case with the ruling not accepted.
Measuring the Role of the Police in Preventing Criminal Acts of Obscenity Ambarani Shelia, Putri; Ekawaty Ismail, Dian; Yutye Imran, Suwitno
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.18351

Abstract

This study aims to determine the police's efforts in tackling the crime of child abuse, and to find out the factors that hinder the police in handling cases of child abuse in the jurisdiction of the Bone Bolango Police. The type of research used is empirical research with a case approach. The results of the study show that the police's efforts to deal with criminal acts of child molestation are carried out through preventive and repressive efforts. Preventive efforts are anticipating sexual immorality by providing legal counseling, the negative effects of promiscuity among students, and carrying out raids or patrols to ensure a sense of security in society. Repressive efforts, namely by disclosing the occurrence of criminal acts of obscenity by conducting investigations,
The Crime of Land Grabbing from a Criminological Perspective Ahmad, Moh. Nur Sidik; Puluhulawa, Moh. R. U; Achir, Nuvazria
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24184

Abstract

This research aims to determine the factors behind the criminal act of land grabbing in the jurisdiction of the Gorontalo Regional Police. The type of research used is empirical legal research with a qualitative approach. The results of the research show that the factors behind the occurrence of criminal acts of land grabbing in the jurisdiction of the Gorontalo Regional Police are; Firstly, economic problems that force someone to commit acts of seizing and taking away the rights of other people, whether they are close or related or not. Second, the condition of abandoned land, namely people's ignorance of the assets they own. Third, lack of legal awareness, and fourth, land remains fixed while the population increases, which indicates a condition where population growth is increasingly rapid so that numbers increase and production of fixed land areas even decreases. Conflicts in the land sector are driven by interests so one of the parties even commits criminal acts in the land sector.
A Comparative Study Of The Implementation Of A Closed Proportional System In The Perspective Of A Country With A Presidential System Kolopita, Kurnia Ningsih Kolopita; Rahim, Erman I.; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24858

Abstract

This research aims to analyze the comparison of the implementation of a closed proportional system between Indonesia and countries that adhere to the presidential system through normative research methods with a fact approach and conceptual approach. By using the theory of elections, the theory of political parties and the theory of justice. Legal materials are collected through literature study and then analyzed and compared based on the object of research. The results of this study found several differences in the implementation of proportionality systems in several countries such as Mexico, Brazil and Argentina, each of which applies a proportional system based on the needs and conditions of the country.
Factors Hindering the Settlement of Inherited Land Disputes Due to Forgery of a Will Through the District Court Miftahuljannah Sidik; 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.v5i3.24113

Abstract

This research aims to identify the inhibiting factors in the settlement of inheritance land disputes caused by forgery of wills through the district court. The research uses an empirical method by analyzing interview data and a copy of case number 44/Pdt.G/2011/PN.Gtlo. The inhibiting factors are grouped into two, namely internal factors originating from the disputing parties, and external factors originating from outside the disputing parties, especially from the court. Internal inhibiting factors included the lack of witnesses, lack of good faith, lack of understanding from the parties, chaos in the trial, and lack of evidence. While external inhibiting factors include a lack of legal certainty and a shortage of Human Resources (HR) in handling land dispute cases. The results showed that legal uncertainty and lack of human resources on the part of the court had a significant impact on the process of resolving inheritance land disputes. Therefore, it is suggested that there should be improvements in the judicial system, an increase in the number and quality of human resources in the courts, as well as efforts to increase legal certainty in the handling of inheritance land dispute cases involving forged wills.
Obstacles in Preventing Action Against a Gambling Crime Hida, Rian Yunus
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.18279

Abstract

Abstract: This study aims to determine precautions Against A Gambling Crime. The method in this research is empirical research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study are precautions against gambling crimes committed by the police are that the public hide information related to these crimes, insufficient evidence, and a lack of investigative resources. Some of these points in general can provide obstacles for law enforcers in carrying out their duties and responsibilities. In carrying out these duties and authorities, the Indonesian National Police always acts based on legal norms and respects religious norms, decency, decency, and upholds human rights. The public should not be secretive and be more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live, 
Legal Analysis of Non-Performing Loans of Bank Sulut - Limboto Branch: Impact and Civil Perspective Muhammad Tahta A.R; Weny Almoravid Dungga; Sri Nanang Meyske 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.v5i3.24091

Abstract

settlement of bad debts made by debtors, is a violation of the program credit distribution program against sulut-go bank which has generated a lot of speculation about the rules of civil law. The problem is the enforcement of the law against the debtor allegedly with the issue of the article on the crime of corruption article 2 paragraph 1. The purpose of this research is to find out thoroughly about the enforcement of bad credit in the review of civil law. bad credit in the review of civil law and judge's decision, the problem of bad credit, and default. and default. Bank Sulut-Go which is in limboto branch against debtors who have bad credit. and discussion of the research that there is an imprudence that is done by the bank regarding the credit process by pledging something that does not belong to the debtor, but is processed.belonging to the debtor, but processed. Furthermore, that this contract occurs contract with a repayment duration that is not yet due but has already entered the court. The conclusion drawn by the researcher is that when a case that still has a contract it includes default and is a problem of bonding between people because it arises due to the cideranya promise, whose resolution path must be the civil realm. Default in bad credit can be recognized when there is an error.

Page 26 of 36 | Total Record : 358

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