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[Unraveling The Efforts of Gorontalo's POM Office Against Consumers Who Are Lost Due to Problematic Cosmetics Promotion on Instagram ]]>
<![CDATA[Yutika Fitriyani Tomoolango]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12927
<![CDATA[Abstract:The purpose of this study was to find out how the Gorontalo’s POM Office efforts towards consumers who were harmed by the promotion of problematic cosmetics on Instagram. This study uses an empirical legal research method, which puts field facts as data. Sources of data used are primary data as the main data (the results of observations and interviews in the field), and secondary data such as legislation, and scientific works. Meanwhile, the population and the sample used were Gorontalo POM Office. The results showed that the efforts made by Gorontalo POM Office against consumers who were harmed by the promotion of cosmetics on Instagram were carried out in 2 (two) ways, namely legal protection with preventive measures by carrying out socialization, and other actions deemed correct and relevant; and legal protection with repressive measures carried out by providing guidance to business actors, confiscation of goods, to imposing sanctions and other measures deemed relevant.Keywords: Legal Protection; Consumer; Responsibility]]>
<![CDATA[The Increased Business of Edged Weapon Without Authorizations via Social Media in Gorontalo Province ]]>
<![CDATA[I Komang Kris Kamisma]]>;
<![CDATA[Moh. Taufik Zulfikar Sarson]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16168
<![CDATA[This study aims to find out and analyze how the role of the police in dealing with cases of selling sharp weapons without a permit through social media, as well as to find out the obstacles in the process of handling these cases. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the Gorontalo Provincial Police, and data obtained directly through social media. The results of the study show that there has been no action against the perpetrators of selling sharp weapons on social media which is actually a criminal act as regulated by law. This is one proof that law enforcement in Indonesia, especially in the matter of criminal acts committed in social media or cyberspace, is not implemented properly. The lack of supervision and seriousness of law enforcers in implementing the law is the cause of many cases that are not handled.As for the obstacles in law enforcement against the case in question due to the lack of experts in the cyber field, weak government supervision in the virtual field, people who do not understand and care, as well as the limitations of laws that discuss and regulate criminal acts of selling sharp weapons, especially through social media.]]>
<![CDATA[Criminal Liability Case Of Underage Motorcyclist Who Resulted In Death ]]>
<![CDATA[Herson Tamutu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.12920
<![CDATA[The purpose of this study is to find out how criminal liability in the accident of the passage of underage motorcyclists resulted in the death of the victim and know how the form of sanctions against minors who ride motorcycles resulted in the victim died in a traffic accident. This research uses normative research types or library research methods. Using several approaches, namely: the legal approach (statue approach), the case approach (case approach). First, the criminal liability of children in traffic accidents that result in the death of others is that the child can be criminally responsible for a separate process that is not the same as processing an adult. This is based on the provisions of Law No. 11 of 2012 in Article 2 in the implementation of the Criminal Justice System of Children is carried out based on the principle, protection, justice, non-discrimination, best interests for children, appreciation of opinions for children, survival and child development, development and guidance of propositional children, deprivation of independence and punishment as a last resort, and avoidance of retaliation. Second, that the form of punishment or sanctions and legal proceedings in cases of violations of the law by children is different from cases of violations of the law adults, in the investigation of cases of minors who commit criminal acts then investigators must apply restorative justice by seeking a diversion system processed by Law No. 11 of 2012 on the Child Justice System.Keywords: Accountability; minors; Laka lalu]]>
<![CDATA[Strengthening Bumdes Governance as A Village Economic Growth Milletle ]]>
<![CDATA[Rahman Towadi]]>;
<![CDATA[Amanda Adelina Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16319
<![CDATA[This study aims to analyze the management of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency, and to find out the constraints of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency. this type of research is a type of empirical juridical research. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and the case approach (case approach). In this case, the data collection that will be used in this study includes several steps, namely through observation, interviews, and documentation. The results of the study indicate that the management of BUMDes in strengthening economic business in the Teratai village has been running effectively, as seen from the several business units that have been run which have been able to increase the economy and village income. There are several obstacles faced in the management of BUMDes, namely human resources and inadequate facilities and infrastructure.]]>
<![CDATA[Tracing the Principle of Balance in Contractual Relationships Betwwen Customers and Indihome Sercvice Providers ]]>
<![CDATA[Arief Nur Amrizal Mooduto]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.13226
<![CDATA[This research is intended to see and find out how the principle of balance between customers and Indihome service providers in the City of Gorontalo. This research uses empirical legal research methods, where facts and events on the ground are used as the main ingredient in determining the truth of the research. The data source used is the primary data source as the main data, and the secondary data source as supporting data consisting of documents and scientific work related to the problem being discussed. The sample (respondents) used in this study is the people of Gorontalo City who are customers of Indihome products and the second is the pewakilan from PT. Telkom Gorontalo Branch as indihome service provider. The results showed that the application of the principle of balance between customers and Indihome service providers in the City of Gorontalo was carried out jointly by the customer and the Indihome service provider. The customer applies the principle of balance by paying internet bills in accordance with the duration of time given. Indihome service providers apply the principle of balance by compensating, repairing networks, and other actions deemed necessary.]]>
<![CDATA[Default In The Agreement For The Results Of Rice ]]>
<![CDATA[Mohamad Saprudin Hasim]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13315
<![CDATA[Abstract: This paper aims to find out and analyze how the default in the production sharing agreement for cultivating rice fields is viewed from the law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements and the factors that influence the occurrence of default in the production sharing agreement for cultivating rice fields in terms of the Act. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency. This type of research is empirical research.The results of the study show that the default in the profit sharing agreement for cultivating rice fields is viewed from the Law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency are still being finalized by means of customary deliberations involving the village head as a facilitator. Although there are official regulations by the government, namely UU. No. 2 of 1960 concerning Agricultural Production Sharing Agreements which have clearer arrangements, but until now the provisions of the law have not been applied as expected, it can even be said not to apply at all, it's all because of the regulations of the Act. No. 2 of 1960 concerning the Agricultural Production Sharing Agreement concerning the production sharing agreement was felt by the community to be too complicated. Whereas the factors that influence the occurrence of default in the profit sharing agreement for cultivating rice fields are reviewed from the Law. No. 2 of 1960 concerning Agricultural Production Sharing Agreements in Gorontalo Regency is influenced by internal and external factors. Keywords: Wanprestasi, Agreement, Profit Sharing]]>
<![CDATA[Herd Immunity VS Human Rights ]]>
<![CDATA[Djamaludin Habi]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Jufryanto Puluhulawa3]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 3. OKTOBER 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i3.16220
<![CDATA[Abstract: This study aims to analyze law enforcement for people who refuse vaccination from the perspective of human rights, as well as to examine the obstacles faced by law enforcement in enforcing the law for people who refuse vaccination. This type of research is juridical empirical. The approach used in this research is the statute approach and the case approach. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. The results show that the Government and the Covid-19 task force tend to provide education and rewards to people who want to be vaccinated and provide administrative sanctions for those who refuse, especially the space for movement and regulation of vaccine card requirements in receiving public services by the government and the police. The thing that hinders the process of vaccination to the public is the doubts that arise in the community about the safety and halalness of vaccines caused by hoax news from sources that are not credible.]]>
<![CDATA[Performance Analysis of the General Criminal Investigation Directorate in Revealing the Crime of Theft ]]>
<![CDATA[Gita Puspita Masekan]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15030
<![CDATA[Abstract: This study aims to determine the role of the general criminal directorate detective in uncovering the crime of car theft in the Acc Finance warehouse. This type of research uses empirical legal research with a qualitative approach. The results of this study indicate that the efforts made by the Gorontalo Regional Police, especially to prevent the occurrence of car theft crimes, the police conduct raids/control operations on motorized vehicle completeness (sweeping), especially cars on a regular basis in several locations that are known to be places that are prone to car theft crimes. , conduct counseling on the dangers of the crime of theft of motorized vehicles, especially cars, billboards advertising public services with an appeal to members of the public to be more careful in storing and or parking motorized vehicles, especially cars, in collaboration with the surrounding community to prevent crime. the crime of vehicle theft by giving an appeal so that community members remind the security system in their respective environments by means of preventive measures in the form of raids/operations by directly involving community members to further improve security and the environment. their territory by increasing the security system and the active role of community members in an effort to improve security in their respective environments.]]>
<![CDATA[Disparity Analysis of Judge’s Decisions of The Crime of Premeditated Murder ]]>
<![CDATA[febrianti sungo]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13013
<![CDATA[Abstract: This study aims to find out the Disparity analysis of judges' decisions on the crime of premeditated murder in Decision Number 7/Pid.Sus-Anak/PN.Kbj and Decision Number 1/Pid.Sus-Anak/2016/PN.Gto. The method used in this research was normative legal research. The approach used a legal approach or a statute approach and a case approach. The judge in making a decision, of course, first sees whether the act committed by the child is intentional or unintentional so that it can be seen by a judge when enforcing Restitave Justice where one way to move the legal process through the courts is to become a legal settlement outside the court by involving the victim's family as the most important element in the settlement of a crime. However, if you look at the crimes against children that have been committed, diversion efforts are not enforced because the child has committed a very severe crime. The community needs to understand that inequality or disparity is not a bad thing but it is natural for clear legal reasons except arbitrarily, this is normal and is not prohibited by the legal system in Indonesia. The community needs to be informed in advance about the background of the emergence of disparities in decision-making.Keywords: Disparity Analysis, Murder;]]>
<![CDATA[Legal Protection Against Consumers In Illegal Online Loans ]]>
<![CDATA[Indah Aprilia Sidiki]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 2 JUNI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i2.14360
<![CDATA[INDAH APRILIA SIDIKI (NIM :1011418002 ) 2021. “LEGAL PROTECTION AGAINST CONSUMERS IN ILLEGAL ONLINE LOANS”. Supervised by each Supervisor I : Dr. Fence M. Wantu, SH., MH., and Supervisor II : Dolot Alhasni Bakung, SH., MH. Department of Law, Faculty of Law, State University of Gorontalo.This study discusses legal protection for consumers in illegal online loans. The purpose of this research is to find out legal protection for consumers in illegal online loans, and to find out the legal consequences of default in illegal online loans. The method used is normative research using library dataThe results of this study are that online loan service providers have been regulated in Financial Services Authority Regulation Number 77 /POJK.01/2016 concerning Information Technology-Based Borrowing-Lending Services, but not all online loan companies are registered with financial services authorities. Then the legal consequences of default in online loans are not clearly regulated because existing regulations only regulate defaults carried out by legal online loans, while illegal ones are only regulated for reprimands and up to blocking if proven guilty, related to consumers being transferred to the Criminal Code and the Protection Act. consumer.Keywords: Protection, loans, illegal]]>
