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[Inhibiting Factors in the Prevention of Threatening Crimes in Paguyaman Pantai Sub-District ]]>
<![CDATA[Niuwa, Riyan]]>;
<![CDATA[Aprilia Kaluku, Julisa]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.25297
<![CDATA[The purpose of this research is to identify the factors that hinder the efforts to overcome the criminal act of threatening. The research method used by the author in this research is an empirical research method by taking a qualitative approach. The result of this research is that the prevention efforts carried out by the police initiative aim to handle and prevent the occurrence of criminal acts in an area, especially in Paguyaman Pantai Sub-district. However, countermeasures and prevention efforts are not only the responsibility of law enforcement officials, but can also be carried out by all members of the surrounding community. In Law Number 2 of 2002 concerning the Indonesian National Police, the roles and responsibilities of police officers are explained in accordance with the provisions in Article 13. In his case, the threats used included defamation through oral or written means, as well as threats to reveal secrets. The perpetrator also forces a person to give goods, in whole or in part, which belong to that person or another person. These threats also include attempts to get the person into debt or to cancel a debt.]]>
<![CDATA[Arrangements for the Distribution of Song Royalties as Joint Property Are Regulated in Copyright Law ]]>
<![CDATA[Yusuf, Nurullah Wahdania]]>;
<![CDATA[Almoravid Dungga, Weny]]>;
<![CDATA[Fazri Elfikri, Nurul]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i2.26796
<![CDATA[The purpose of this research is to be able to understand how the regulation of the distribution of song royalties as joint property according to Law Number 28 of 2014 concerning Copyright. The research method used in this research is the type of legal research used in this research is normative legal research. Normative legal research can also be referred to as doctrinal legal research. In this study, law is often conceptualized as what is written in laws and regulations (law in book) or law is conceptualized as rules or norms that are a benchmark for community behavior towards what is considered appropriate. The results of this study on the regulation of the distribution of song royalties as joint property in divorce cases are not specifically regulated in the Law. However, some of the provisions described in Law Number 28 of 2014 concerning Copyright can be a guide in this regard, especially Article 18 and Article 30 of the Copyright Law. These articles stipulate that after a period of 25 years, the economic rights to song creations that were previously transferred will return to the creator or performer. This is intended to protect the economic rights of the creator or performer over their work and prevent the transfer of economic rights that are permanent or indefinite to other parties.]]>
<![CDATA[The Challenges of Diversion at LKS Ummu Syahidah Gorontalo For Juvenile Offenders ]]>
<![CDATA[Maku, Dwi Citra Maharani]]>;
<![CDATA[Ekawaty Ismail, Dian]]>;
<![CDATA[Apripari, Apripari]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i2.26899
<![CDATA[The purpose of this research is to determine the implementation of diversion efforts against children who commit crimes at LKS Ummu Syahidah Gorontalo. The research method used in this research is an empirical research method using a qualitative approach. The results of this research are that the application of diversion in resolving criminal acts of abuse committed by children at LKS Ummu Syahidah Gorontalo is not yet optimal because from 2021 to 2023 there are only nine criminal acts that meet the requirements for diversion. One of these criminal acts was abuse committed by L who was under 17 (seventeen) years of age. However, in terms of compliance with procedures and regulations, all stages of diversion at LKS Umm Syahidah Gorontalo are in accordance with applicable laws and regulations by the child perpetrator or family, such as asking for compensation that is too large which the child perpetrator or party cannot afford. family so that the implementation of diversion does not reach a successful agreement.]]>
<![CDATA[Legal Protection Of The Gorontalo City Police Against Debtors Who Transfer Fiduciary Vehicles Without The Consent Of The Fiduciary Recipient ]]>
<![CDATA[Puluhulawa, Sitty Masitha Syeila]]>;
<![CDATA[W. Badu, Lisnawaty]]>;
<![CDATA[Meiske Kamba, Sri Nanang]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.24193
<![CDATA[The purpose of writing this article is to determine the efforts that can be prevented by the police against fiduciary acts in the transfer of fiduciary objects in the jurisdiction of Gorontalo City. The method used in this study is to use empirical research methods with a qualitative approach. HasiL research on this case fiduciary receiver or 2nd party raises the issue of the possibility of a crime in the field of fiduciary. This event is where the 2nd party makes a car loan at a financing company or individual with an installment payment system in accordance with the agreement specified in the agreement and for a certain time. In fact, after the credit agreement is running, the 2nd party (fiduciary recipient) does not perform its obligations as agreed between the twelve fiduciary parties to the fiduciary recipient to pay the installments, but resells the goods that are the object of fiduciary security to the 3rd party without the knowledge of the 3rd party whose vehicle is still in the installment financing 2nd (fiduciary recipient) to the First party (fiduciary giver).]]>
<![CDATA[Legal Protection Against Auction Prices of Goods Through Instagram in Review of Law Number 8 of 1999 concerning Consumer Protection of Goods and Services ]]>
<![CDATA[Pulumoduyo, Anggun]]>;
<![CDATA[Abdussamad, Zamroni]]>;
<![CDATA[Elfikri, Nurul Fazri]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.25941
<![CDATA[the purpose of this research is to find out the legal protection of auction prices of goods through Instagram in review of law number 8 of 1999 concerning consumer protection of goods and services. The research method used in this research is normative research method with qualitative approach. The results of this study Selling or conducting auction activities through social media instagram is not legal because there are no regulations governing and not in accordance with the regulations for the implementation of auctions in Indonesia. Whether through class I auction officials or class II auction officials who do not use the auction hall remains invalid. If this phenomenon occurs, there is a risk, if the loss is no legal protection because the auction via social media instagram does not provide legal certainty. In the Minister of Finance Regulation No. 213 / PMK.06 / 2020 concerning Guidelines for the Implementation of Auctions, there is no legal protection that can be given to Instagram auction accounts. This case the perpetrator clearly violates consumer rights, one of which is stated in Article 4 of the Consumer Protection Law "the right to choose goods and / or services and to obtain these goods and / or services in accordance with the exchange rate and the conditions and guarantees promised and the right to correct, clear, and honest information about the conditions and guarantees of goods and / or services." In Article 7 of the Consumer Protection Law "Provide correct, clear and honest information about the conditions and guarantees of goods and / or services and provide explanations for use, repair and maintenance, Treat or serve consumers correctly and honestly and non-discriminatory, and provide compensation, compensation and / or replacement if the goods and / or services received or utilized are not in accordance with the agreement."]]>
<![CDATA[Is It Possible for Children with Dual Citizenship to Get Inheritance Rights in Indonesia? ]]>
<![CDATA[Massie, Fitri Hidayah]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.18295
<![CDATA[This study aims to determine and analyze how the legal settlement process in Indonesia is related to the inheritance rights of children with dual nationality. Researchers use normative juridical research. The analysis technique used is descriptive analysis, namely by analyzing by describing the regulations related to the position of inheritance rights of children with dual nationality. The results of this study are that Indonesia does not yet have special rules regarding the Inheritance Rights of Children with Dual Nationality, especially in International Civil Law which explains that the regulation of inheritance law follows the national law of the heir. Therefore, couples who enter into a mixed marriage must pay more attention to what impacts will be faced in the future if this event occurs because Law Number 12 of 2006 concerning Citizenship also only regulates the status of children from mixed marriages, namely children will be given the privilege of having limited dual citizenship and then when they are 18 years old the child is free to choose whether to follow the citizenship of the father or mother, regarding other rights the law in Indonesia has not regulated clearly]]>
<![CDATA[Law Enforcement against the Crime of Threatening in Paguyaman Pantai Sub-District ]]>
<![CDATA[Niuwa, Riyan]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.26152
<![CDATA[The purpose of this study is to understand how law enforcement against criminal acts of threatening in the coastal paguyaman sub-district. The research method used in this research is empirical research method using qualitative method, an approach that produces information in the form of information, described in writing, and associated with other data to obtain a more comprehensive understanding of the reality that occurs. The results of this research show that not all cases of criminal threats can be resolved through mediation; selection of cases to be handled needs to be done. Police at Paguyaman Pantai Police Station first evaluate the impact on the victim of the case. If the case is considered minor and can be mediated, the police will try to resolve it through mediation. However, cases involving repeat offenders are not suitable for mediation. Mediation also depends on the willingness of the victim, as the final decision remains with the victim, while the police can only try to encourage it. In this case, the police use their discretion to facilitate penal mediation, acting as a mediator between the two parties. When the victim and the offender agree to mediation, the role of the police as mediator is to connect them and help formulate goals so that an agreement can be reached.]]>
<![CDATA[Legal Settlement of Cases of Misuse of Personal Data in Prepaid Cellular Card Registration ]]>
<![CDATA[Djasman, Shandy]]>;
<![CDATA[Puluhulawa, Fenty U.]]>;
<![CDATA[Meiske Kamba, Sri Nanang]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i2.26374
<![CDATA[The purpose of this research is to find out the legal settlement process for cases of misuse of personal data in prepaid cellular card registration. Researchers use the type of empirical juridical research is to use the type of field research (field research). By using a descriptive study, a systematic, factual and accurate description or painting of the facts, nature and relationship between the phenomena being investigated. The result of this research is that there are indications of the practice of utilizing customer personal data for the personal interests of unscrupulous outlet officers. Some cases show that customer data, such as phone numbers and addresses, are misused for the purpose of offering other products or services that are not related to cellular card registration. This clearly violates the principle of personal data protection and harms consumer trust. The practice of selling customers' personal data to third parties without the knowledge and consent of the data owner was revealed. Some mobile card registration outlets are known to sell customer data, such as demographic profiles and call history, to marketing companies or other service providers for commercial purposes. This practice not only violates privacy rights, but can also lead to potential misuse of data by irresponsible parties. There have been cases of falsification of customers' personal data by unscrupulous outlet staff for certain purposes. Some reports stated that the outlet staff recorded false or incomplete data in the registration form, hindering the process of identity verification and monitoring by the mobile operator. This practice not only violates the law, but can also trigger various criminal acts, such as identity theft.]]>
<![CDATA[Determination of Marriage Dispensation at Gorontalo Religious Court in Accordance with the Child Protection Law No. 35 of 2014 ]]>
<![CDATA[Hidayat, Hidayat]]>;
<![CDATA[Wantu, Fence M.]]>;
<![CDATA[Ahmad, Ahmad]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i3.29567
<![CDATA[This study examines marriage dispensation at the Gorontalo City Religious Court through the lens of Law No. 35/2014 on Child Protection. Marriage dispensation, while rooted in Indonesia's religious and cultural norms, often conflicts with the Child Protection Law, which prohibits child marriage and sets strict exceptions. Using qualitative methods, including document analysis and interviews with court officials and stakeholders, the study found discrepancies between court practices and legal provisions. Socio-cultural factors such as traditions, economic pressure, and the role of religious leaders influence dispensation decisions. Furthermore, limited understanding of child protection laws among court officials exacerbates these issues. The research highlights challenges in aligning religious and national laws and their implications for children's rights. It recommends training for court officials, clear operational guidelines, and stronger collaboration between religious and government institutions to ensure marriage dispensation aligns with child protection objectives in Gorontalo City.]]>
<![CDATA[Legal Capacity of Afghanistan After the Succession of Government by the Taliban ]]>
<![CDATA[Akbar, Muhammad]]>
<![CDATA[ Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v6i3.18508
<![CDATA[The purpose of this study is to examine how the legal capacity of Afghanistan after the succession of government by the Taliban. This research uses a normative legal research type with a statutory approach (statute approach) and also a historical approach (historical approach). The research results show thatthe phenomenon that occurs in Afghanistan is the succession of government, so basically the principle used is the principle of continuity, so that even though there are changes internally from the Afghan state in the government system, the country is still bound by rights and obligations according to international law. This is as stated in article 11 of the 1978 Vienna Convention which explains that a change in the government of a country does not affect the boundaries set in the agreement and also the rights and obligations set by an agreement. ]]>
