cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad
Contact Email
estudiante02lawjournal@gmail.com
Phone
+6281213569044
Journal Mail Official
ahmad_wijaya@ung.ac.id
Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo
Location
Kota gorontalo,
Gorontalo
INDONESIA
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
 29   30   31   32   33 
The Urgency of Religious Marriage Registration in Population Administration Regulations for Legalization and Granting Permits Palilati, Nur Fika; Kasim, Nur Mohamad; Abdussamad, Zamroni
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.v7i1.30521

Abstract

The purpose of this study is to further analyze the urgency of recording interfaith marriages in population administration regulations for legalization and licensing. The research method used is a normative legal research method with a statutory approach. The results of this study found that the registration of interfaith marriages is an important aspect to ensure the formal legality and protection of the civil rights of couples, such as inheritance rights, joint property, and child status. However, interfaith couples often face legal obstacles because population administration regulations do not explicitly accommodate interfaith marriages. As a result, they often have to resort to the courts to obtain legalization. The role of the court is crucial in granting permission for registration, although decisions vary depending on the interpretation of the judge. While some are successful, the process still poses legal and social challenges for couples.
Factor affecting Implementation Diversion To Child Perpetrator Action Criminal Distribution of Pornographic Videos in the Gorontalo Regional Police Mokodongan, Indryati; Puluhulawa, Fenty U.; Mamu, Karlin Z.
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.v7i1.30109

Abstract

This research aims For discussing the application of diversion for children who are perpetrators of the crime of distributing pornographic videos from the perspective of legal protection against children's rights as victims and causal factors . The method used in the research is legal empirical with qualitative descriptive data analysis that describes and explains data and field facts. The results of the study show that the application of diversion to children who are perpetrators of the crime of distributing pornographic videos, viewed from the legal protection of children as victims in Gorontalo, is basically to protect children as perpetrators of crimes and provide them with the opportunity to improve themselves and not affect their future. This is also one of the legal policies in the context of protecting children as perpetrators of pornography crimes. However, the implementation of diversion still has an impact on the existence of mental/psychological and physical pressure on children as victims. Therefore, from the aspect of protection for victims, the implementation of diversion in cases of the distribution of pornographic videos does not pay enough attention to the rights and mentality of the victim, because the perpetrator continues to distribute the video to his friends during the mediation process. However, the PPA unit of the Gorontalo Regional Police prioritizes the resolution of children's cases outside the court through this diversion and is the main choice in its resolution, on the grounds that there is no deviation from the requirements of diversion, namely criminal acts with a threat of less than 7 years and not a repetition of the crime. The factors that influence the implementation of diversion against children who are perpetrators of the crime of distributing pornographic videos at the Gorontalo Regional Police are the Intention of the Perpetrator and Family and economic capacity limitations; Lack of public understanding; and The absence of LPSK in Gorontalo thus hindering and influencing the provision of decisions on compensation that must be received by families and victims of the distribution of pornographic content in Gorontalo.
Efforts of the Office of Religious Affairs in Reducing Underage Marriage Rates Ramadhani S, Sufina Anugerah; Junus, Nirwan; Meiske Kamba, Sri Nanang
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.v7i1.30039

Abstract

Abstract: This study aims to examine the role of the Office of Religious Affairs (Kantor Urusan Agama or KUA) in reducing underage marriage rates and to identify the factors that hinder the execution of its duties. The research employs a qualitative approach with a descriptive method. Primary data were collected through in-depth interviews with KUA officials, community leaders, parents, and underage marriage participants, while secondary data were gathered from official documents, annual reports, and relevant literature. The findings reveal that KUA has implemented various measures to prevent early marriages, such as stringent administrative document verification, community outreach, and premarital counseling. However, KUA faces several challenges, including limited human resources, cultural resistance, and a lack of cross-sectoral collaboration, which hinder its effectiveness in combating underage marriages. This study recommends strengthening institutional capacity, enhancing cross-sectoral collaboration, and leveraging digital technology to support education and prevention efforts. With a holistic strategy and strong support from various stakeholders, underage marriage rates can be significantly reduced.
Conflict Resolution Efforts Linked to the Principle of Legal Certainty Umar, Mohamad Gusnal; Mohamad Kasim, Nur; Mustika, Waode
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.v7i1.29974

Abstract

The social conflict in Pohuwato Regency, involving local communities and mining companies, reflects the tensions between formal law and customary values. This conflict is triggered by power imbalances, a lack of recognition for customary rights, and minimal transparency in natural resource management. This study aims to analyze the root causes of the conflict, evaluate the role of law in creating social justice, and identify solutions based on the principle of inclusive legal certainty. The research methodology employs a qualitative approach with data collection techniques including interviews, observations, and document analysis. The study's findings indicate that formal law often overlooks local norms, thereby exacerbating tensions between the community and companies. Resolving the conflict requires the integration of customary values into formal policies, transparency in mining management, and the establishment of independent mediation institutions involving all parties. Additionally, economic empowerment of the community and legal education are strategic steps to enhance the community's capacity to handle conflicts. The research recommendations include strengthening the government's role as a neutral facilitator, developing local policies based on community participation, and ensuring that companies commit to relevant social responsibility programs. In conclusion, resolving the conflict in Pohuwato can serve as a model for managing similar conflicts in other regions, while supporting social harmony and sustainable development.
Aspects of Victimology in Legal Protection for Victims of Grooming Pakaya, Arista
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.v7i1.30640

Abstract

This study aims to determine what forms of legal protection are available for victims of criminal acts of ganging up when viewed from the victimology aspect. This study uses the research method normative conducted by reviewing legal facts in the field as well as theories, concepts, laws and so forth related to this research. The results of the study indicate that victim protection must be given both physical suffering and losses to their property as intended by the Victimology study by considering the elements contained in the criminal act of assault in the Criminal Code. In the concept of the principle of benefit, the principle of justice, the principle of balance and the principle of legal certainty which demands that all forms of protection must be provided fairly and in balance which guarantees legal certainty.
Legal Analysis of Consumer Protection against Companies Not Fulfilling Consumer Obligations Yusuf, Athiyyah Safirazkiya
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.v7i1.29907

Abstract

: This study analyzes consumer legal protection against Commanditaire Vennootschap (CV) entities that fail to meet their obligations under Indonesia's Consumer Protection Law (UUPK). It examines challenges in implementing the UUPK and evaluates the effectiveness of legal sanctions in improving CV compliance. Using a qualitative approach, the research employs descriptive analysis and case study methods. Data were gathered from literature reviews, legislation analysis, case studies of CV violations, and interviews with legal experts, business operators, and consumers.  Findings highlight challenges, including limited awareness among CV operators of legal obligations, resource constraints, and low consumer awareness of rights. The effectiveness of UUPK sanctions is hampered by slow enforcement, lack of transparency, and inadequate law enforcement support. Despite administrative and criminal sanctions, these measures have yet to provide a significant deterrent effect, allowing violations to persist.  This study recommends a holistic approach to strengthen UUPK implementation. Key strategies include enhancing law enforcement capacity, providing continuous education for business operators and consumers, and offering incentives for regulatory compliance. Collaboration among government, institutions, business associations, and operators is essential to improve consumer protection and establish a fair, transparent, and sustainable business environment in Indonesia
Comparison of Division of Joint Property after Divorce in Indonesia and Malaysia Afrijal, Afrijal; Kharisma Radhityas, Nuryasinta
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.v7i1.29305

Abstract

This study compares the legal and regulatory frameworks for the division of joint property after divorce in Indonesia and Malaysia, and analyzes the social and economic factors that influence the process. In Indonesia, the division of joint property is regulated by Law No. 1 of 1974 on Marriage and Law No. 23 of 2004 on the Elimination of Domestic Violence, which accommodate the diversity of customary law and secular approaches. Meanwhile, in Malaysia, the division of joint property is more influenced by Sharia law integrated with the common law system, providing a more structured and consistent procedure for Muslims. The study also identifies social and economic factors such as gender roles, education level, economic conditions, employment status, cultural norms, and power dynamics in the marital relationship as key determinants of the division of joint property. The results show that although both countries have similar cultures and are predominantly Muslim, differences in the integration of Sharia and secular law as well as socio-economic factors create significant variations in the implementation of the division of joint property. To improve fairness and efficiency, it is recommended that Indonesia adopt Malaysia's more structured procedures, while Malaysia can take advantage of the flexibility of Indonesia's mixed legal system. This collaboration is expected to produce a system for the distribution of joint assets that is fairer, more consistent and more responsive to evolving social and economic needs
Protecting Migrant Workers' Rights in Overseas Work Accidents under Article 17(1) Permenaker No. 18/2018 Ardhiyanti, Fitri; Khayatudin, Khayatudin; Mardian Yoel, Siciliya
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.v7i1.16451

Abstract

This study examines the regulations governing work accident insurance claims issued by BPJS Employment, which serves as a stakeholder for Indonesian Migrant Workers (PMI) in their host countries. Often, PMIs encounter difficulties in claiming the Work Accident Insurance (JKK). The purpose of this research is to elucidate the procedures for filing work accident claims for PMIs. This study adopts a normative juridical method. The findings indicate that there are two stages involved in claiming JKK for PMIs in the host country. The first stage must be carried out within a maximum of seven days after the work accident occurs, accompanied by the required supporting documents. The second stage must be completed within a maximum of seven days after the worker has fully recovered. Furthermore, PMIs who are already in the host country but cannot claim their work accident benefits particularly those requiring treatment in Indonesia are entitled to compensation as stipulated in Article 17 paragraphs (2) and (4) of Minister of Manpower Regulation Number 18 of 2018
Distribution of Inheritance Regarding Child Adoption (Adoption) in Islamic Inheritance and Civil Law Hadiansyah, Andi Fakhrizal Irsam; Nuryasinta, Radhityas Kharisma
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.v7i1.29299

Abstract

The distribution of inheritance for adopted children in Islamic inheritance and civil law in Indonesia is a complex and multidimensional issue, reflecting the dynamics between the principles of religious law and the development of modern secular law. This study aims to analyze the position of adopted children in the Islamic inheritance system and civil law, and to identify the challenges and integrative solutions needed to protect their rights. The method used is qualitative with a descriptive-analytical approach, through literature studies, interviews with legal experts, and analysis of relevant laws and regulations. The results of the study indicate that traditional Islamic law does not automatically recognize adopted children as heirs, except through special mechanisms such as wills, while civil law provides greater flexibility by recognizing the inheritance rights of adopted children as equal to biological children. This difference gives rise to legal conflicts, especially in families that integrate the two legal systems. In addition to legal aspects, social and ethical factors such as cultural stigma also influence the acceptance of adopted children's inheritance rights. This study recommends harmonization between Islamic law and civil law through legal reform and constructive dialogue between stakeholders, as well as increasing education and public awareness regarding the rights of adopted children in inheritance. Thus, it is hoped that a more just and inclusive legal system will be created, which is able to protect the rights of adopted children while maintaining the basic principles of Islamic law.
Legal Implications of Criminal Acts of Falsification of Covid-19 Rapid Test Letter by the Community Deu, Cahyunisa Ramadhani
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.v6i3.26286

Abstract

The definition of the crime of forgery of letters above that the crime of forgery of letters at the present time often occurs in the health order in Indonesia considering that until now Indonesia has experienced the Covid-19 pandemic outbreak that has hit all corners of the country, and the implications require the Indonesian government both central and regional to take various policies in dealing with the Covid-19 problem by issuing a Covid-19 rapid test letter as a certificate that a person's body is reactive or non-reactive in fighting Covid-19 in every person's body, the legal basis for the Decree of the Minister of Health of the Republic of Indonesia Number Hk.01.07/Menkes/247/2020 concerning Guidelines for the Prevention and Control of Coronavirus Disease 2019 (Covid-19), Minister of Health Regulation Number 1501/Menkes/Per/X/2010 concerning Certain Types of Infectious Diseases that can Cause Death. .07/Menkes/247/2020 concerning Guidelines for the Prevention and Control of Coronavirus Disease 2019 (Covid-19), Regulation of the Minister of Health Number 1501/Menkes/Per/X/2010 concerning Certain Types of Infectious Diseases that can Lead to Outbreaks and Countermeasures and high rules in Law Number 6 of 2018 concerning Health Quarantine which regulates and requires a Covid-19 rapid test certificate, rapid test letters are used by the government for everyone who travels across regions and abroad.

Page 31 of 36 | Total Record : 358

 29   30   31   32   33 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue VOL. 7 NO. 3 OCTOBER 2025 VOL. 7 No. 2 JUNE 2025 VOL. 7 NO. 1 FEBRUARY 2025 VOL. 6 NO. 3 OCTOBER 2024 VOL. 6 NO. 2 JUNI 2024 VOL. 6 NO. 1 FEBRUARY 2024 VOL. 5 NO. 3 OCTOBER 2023 VOL. 5 NO. 2 JUNI 2023 VOL. 5 NO. 1 FEBRUARY 2023 VOL. 4 NO. 3 OKTOBER 2022 VOL. 4 NO. 2 JUNI 2022 VOL. 4 NO. 1 FEBRUARI 2022 VOL. 3 NO. 3. OKTOBER 2021 VOL. 3 NO. 2 JUNI 2021 VOL. 3 NO. 1 FEBRUARI 2021 VOL. 2 NO. 3 OKTOBER 2020 VOL. 2 NO. 2 JUNI 2020 VOL. 2 NO. 1 FEBRUARI 2020 VOL. 1 NO. 3 OKTOBER 2019 VOL. 1 No. 2 JUNI 2019 VOL. 1 NO. 1 FEBRUARI 2019 More Issue