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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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Resolution of People's Business Credit (KUR) Breach at BRI Bank, South City N. Moeda, Nur Wulan; Dungga, Weny Almoravid; Elfikri, Nurul Fazri
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29266

Abstract

Kredit Usaha Rakyat (KUR) memegang peranan penting dalam mendukung pertumbuhan usaha mikro, kecil, dan menengah (UMKM) di Indonesia. Namun, sering terjadi wanprestasi sehingga menimbulkan tantangan bagi stabilitas keuangan Bank Rakyat Indonesia (BRI), khususnya di Kantor Cabang South City. Penelitian ini bertujuan untuk mengkaji proses penyelesaian wanprestasi KUR di unit ini dengan menggunakan pendekatan normatif dan empiris. Pendekatan normatif difokuskan pada evaluasi ketentuan yang mengatur penyelesaian wanprestasi, sedangkan pendekatan empiris melibatkan pengumpulan data langsung dari kasus-kasus yang terjadi di Kantor Cabang South City dalam kurun waktu tertentu. Hasil penelitian menunjukkan bahwa meskipun telah ditetapkan prosedur penyelesaian wanprestasi, masih terdapat beberapa tantangan dalam pelaksanaannya. Isu-isu utama yang dihadapi antara lain keterbatasan sumber daya manusia, penyampaian informasi yang kurang efektif kepada debitur, dan keterlambatan dalam proses penyelesaian. Lebih lanjut, penelitian ini mengungkap bahwa tingkat pendidikan debitur berpengaruh signifikan terhadap tingkat keberhasilan penyelesaian wanprestasi, dengan debitur yang berpendidikan lebih cenderung memenuhi kewajibannya dengan lebih efektif. Untuk mengatasi tantangan tersebut, penelitian ini merekomendasikan peningkatan kapasitas sumber daya manusia dan peningkatan program edukasi debitur di Kantor Cabang South City. Penguatan regulasi dan pengembangan kolaborasi antar pemangku kepentingan juga penting untuk memastikan keberlanjutan program KUR dan mendorong pertumbuhan UMKM di Indonesia.
Challenging Corruption: Impacts on State Finances, Economy, and the Ratification of UNCAC Wahyu Agatha, Safira; Puasa Handayani, Emi; Mardian Yoel, Siciliya
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.16576

Abstract

This study aims to analyze the differences in meaning between "causing financial losses to the state" and "causing economic losses to the state" as stipulated in Law Number 20 of 2001 on the Eradication of Corruption (Anti-Corruption Law) and the implications of the ratification of the United Nations Convention Against Corruption (UNCAC) 2003 on the provisions of the law. The research employs a normative juridical method with a legislative and conceptual approach. The findings indicate that the term "causing financial losses to the state" has a narrower scope compared to "causing economic losses to the state," which encompasses broader dimensions. UNCAC 2003 does not explicitly define either term but categorizes any form of harm to state assets as corruption. Additionally, UNCAC establishes five formats for international cooperation, including extradition and joint investigations, which can strengthen anti-corruption efforts. In conclusion, harmonizing the provisions of the Anti-Corruption Law with UNCAC is necessary to clarify definitions, enhance legal certainty, and promote economic stability. It is recommended to implement stricter measures regarding UNCAC's cooperation framework.
Ideal Arrangements for Fines to Enhance Legal Awareness and Minimize Waste Effectively in Society Rauf, Abdusalam; U. Puluhulawa, Fenty; Ahmad, Ahmad
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.28916

Abstract

The implementation of fines as a legal instrument plays a crucial role in shaping public behavior concerning waste management. Despite the existence of numerous regulations governing waste management, the effectiveness of imposing fines remains limited in raising legal awareness and reducing waste volume in society. This study aims to explore the ideal framework for implementing fines to enhance legal awareness and minimize waste, emphasizing more effective and systematic law enforcement. Utilizing a normative juridical and sociological approach, the study analyzes existing regulations and identifies obstacles in the application of fines in Indonesia. The findings reveal that while fines have the potential to reduce waste, the main challenges include insufficient public education, weak law enforcement, and inconsistencies between the amount of fines imposed and their intended deterrent effects. The study recommends strengthening waste management regulations, increasing community participation, and implementing proportional fines coupled with stringent monitoring systems to achieve significant waste reduction. With a more ideal regulatory framework, it is hoped that public legal awareness will improve, paving the way for sustainable waste management practices.
Implications of Standard Clause Changes in Grab Challenge Program on Consumer Rights Pandju, Sherly Putri; Cherawaty Thalib, Mutia; T. Mandjo, Julius
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29123

Abstract

This study aims to analyze the implications of changes to the standard clauses of the Grab challenge program on consumers. The research method used is normative with a statutory approach.The results of the study show that the implications of the standard clause on the Grab challenge program for consumer protection are that the clause contains several things that are detrimental to consumers, such as limiting Grab's liability, providing disproportionate compensation, and the existence of clauses that burden consumers. This is contrary to the principles of consumer protection. Changes to the standard clauses on the Grab challenge program affect consumer rights and obligations, where consumers have more limited rights, such as the right to choose, the right to information, and the right to security. On the other hand, consumer obligations become more burdensome, such as the obligation to accept unilateral changes and the obligation to resolve disputes through alternative dispute resolution.
Protection and Punishment of Domestic Violence Victims by the Gorontalo City Resort Police Department Sifat, Ditasya Amalia R.; W. Badu, Lisnawaty; Mandjo, Julius T.
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.28868

Abstract

The purpose of this study is to analyze the legal protection provided by Gorontalo City Resort Police to victims of domestic violence (KDRT) and evaluate the extent to which the protection is in accordance with applicable legal provisions. Based on the study of the implementation of legal protection, there is a discrepancy between the policy stipulated in Law No. 23/2004 on the Elimination of Domestic Violence and the practice in the field. This research uses a qualitative approach with the method of interviewing the local police and analyzing the data obtained. The results showed that the protection provided by the police was limited to the trial process, without any further assistance for victims, especially in post-incident trauma recovery. The main factor inhibiting further assistance is the limited budget owned by the police. Therefore, this study suggests the need for synergy between the police, social services, protection agencies, and other related parties to provide more comprehensive protection to victims of domestic violence, as well as strengthen the implementation of police duties in protecting the community
Fixed-Term Employee Layoffs: A Repercussion of the Company's Sustained Financial Losses Chusmayanti, Amalia Destyna; Khayatudin, Khayatudin; Yoel, Siciliya Mardian
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.16571

Abstract

Progress in a company, entrepreneurs need workers to be able to help the company operate and make a profit . In reality, sometimes problems and financial crises are also experienced by companies. Suppose the company experiences continuous losses and is unable to pay the wages of all employees so that the company takes steps to reduce the number of its employees. The existence of a Fixed-Term Employment Agreement (PKWT) where the general term is contract workers, is considered very profitable. The Manpower Law Number 13 of 2003 and the Job Creation Law Number 11 of 2020 have regulated the workforce and termination of employment (PHK). The weakness of this law results in uncertain laws that require workers to accept layoffs. Can a company lay off workers because of continuous losses in the company and how are the regulations for workers' rights for a certain period after being laid off in the perspective of Government Regulation number 35 of 2021. There are also the results of this study, namely that companies that continue to experience losses for 2 consecutive years are allowed to lay off workers, but with this regulation, companies cannot be arbitrary in carrying out layoffs, and workers are bound by work agreements at a certain time according to the rules set by the government must receive compensation if the worker is laid off. The rules that have been set so far are not biased towards workers, which gives companies or employers the freedom to lay off workers.
Protection of Heirs' Rights in the Transfer of Inheritance without Agreement Dango, Novita
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30633

Abstract

This study aims to analyze the protection of heirs' rights in the transfer of inheritance that occurs without mutual agreement. Ambiguity in the division of inheritance often leads to disputes and conflicts among heirs, which can potentially damage family relationships. The methodology used in this study is a qualitative approach with a juridical analysis of civil law and religious law regulations, particularly Islamic inheritance law (fiqh waris), as well as various dispute resolution mechanisms accessible to heirs. In this context, Indonesian civil law provides guidelines for inheritance division based on applicable provisions, while Islamic law offers more detailed portions for division according to fiqh waris. This study also emphasizes the importance of a will as a tool to avoid conflicts by providing clear instructions on how the inheritance should be divided. The findings of the study indicate that although there are regulations governing inheritance division, the practice of transferring assets without agreement still causes injustice and prolongs disputes among heirs. Therefore, protective measures for heirs' rights, such as mediation, will creation, and dispute resolution through legal channels, are necessary to ensure fair inheritance division and avoid the abuse of heirs' rights. Overall, this study underscores the importance of wisely resolving inheritance disputes based on applicable laws to maintain family harmony and fairly protect heirs' rights
Juridical Analysis of Judges Legal Considerations on the Reconvention Lawsuit for Transfer of Property Certificates Pagari, Fidya Maulidiani; Cherawaty Thalib, Mutia; Fazri Elfikri, Nurul
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30559

Abstract

This research aims to analyze the legal considerations provided by the panel of judges in the reconventional claim case related to the transfer of the Certificate of Ownership (SHM) in a land sale transaction. Specifically, this study examines how the judges assess the evidence presented in the reconventional claim and how the legal procedures related to the transfer of SHM are applied in the case of Court Case Number: 8/Pdt.G/2023/PN.GTO. The method used is normative research with a statutory, case, and conceptual approach, utilizing primary legal sources such as laws, court decisions, and secondary legal materials like books and journals. The results of the study show that the judges rejected the plaintiff's lawsuit because it did not meet the formal and substantive requirements outlined in civil law, such as the absence of a valid sale agreement and the failure to include all parties involved in the sale transaction. Additionally, the plaintiff failed to prove whether the defendant had committed unlawful acts or breached the contract, which should have been the basis for the lawsuit. As a result, the judges granted the reconventional claim filed by the defendant, who argued that the plaintiff's lawsuit was legally flawed. This research highlights the importance of fulfilling both formal and substantive requirements in civil lawsuits, as well as providing valid evidence in disputes regarding the transfer of land rights. The legal considerations of the judges demonstrate the application of the principles of legal certainty and justice to ensure that the decision made aligns with the applicable legal provisions and is accountable.
Justice and Legal Certainty in Case of Novel Baswedan Tatang, Leonando S.
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.20728

Abstract

This study aims to determine justice and legal certainty in the case of Novel Baswedan. The legal research used in this paper is normative legal research using statutory and case approaches. Furthermore, using the technique of analysis of legal materials Interpretation. The study results show that the Novel Baswedan Persecution Case, Seen from the Perspective of Justice and Legal Certainty, is applied to Court Decision Number 372/Pid.B/2020/PN.Jkt.Utr. It has many irregularities, as is the case with the application of articles that do not have clear legal certainty or the application of articles that are not following what the defendant did. From a justice point of view, the public prosecutor's indictment did not reflect a sense of justice for the victim, where the defendant should have been subject to premeditated serious maltreatment. However, the public prosecutor was only subject to ordinary maltreatment. All stakeholders within the scope of law enforcement, including the police, public prosecutors, legal advisors, and judges, must represent the values and legal norms that apply to create legal certainty and justice for people who are dealing with legal proceedings, both as perpetrators and victims in general.
The Influence of Digitalization in Encouraging Crime: A Criminological Perspective Balqis, Ainun Agustina Atiqah; W. Badu, Lisnawaty
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.27964

Abstract

Digitalization has a significant impact on the increase in crime, especially through the phenomenon of criminal imitation models spread on the internet. This research aims to analyze the influence of digitalization on crime from a criminological point of view. The methodology used is a qualitative approach with a descriptive design and normative data collection techniques. The results showed that the development of digitalization triggered an increase in imitative criminal behavior, as shown by police data indicating an upward trend in crime in the last five years. Social media, especially TikTok, is the main platform for disseminating content that encourages imitation of criminal acts. These findings confirm the importance of strengthening regulations and prevention strategies to mitigate the negative impact of digitalization on criminal behavior

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