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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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Failure to Pay Claims of Insurance Policyholders Seen from the Principle of Absolute Responsibility Yakob, Mita Rofiana
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.v6i3.21698

Abstract

This study aims to analyze aspects of the mechanism for implementing the principle of absolute responsibility of life insurance companies pt. Life insurance for default on the policyholder's claim. The type of research used by researchers in compiling this research is a type of normative legal research. The results showed that the form of legal responsibility of PT. Life Insurance against policyholders when the company defaults on the incapacity of PT. AsuransiJiwasraya in fulfilling its obligations can be said to be an act of default and includes violations of Law Number 40 of 2014 Article 31 paragraph (3) which explains that insurance companies are required to handle claims and complaints through a fast, simple, accessible, and fair process and also violate Article 31 paragraph (4) which states that insurance companies are prohibited from taking actions that can slow down the settlement or payment of claims,  or not doing the action that should have been done. Due to the absence of an article regarding legal liability in the Super Jiwasraya Plan insurance policy, violations of Article 31 paragraphs (3) and (4) should be the basis for sanctions to be imposed on insurance companies contained in Article 71 in the form of written warnings, restrictions on business activities for part or all of business activities, prohibitions on marketing insurance products or sharia insurance products for certain business lines,  revocation of business licenses, administrative fines
Termination Of Employment (PHK) And The Realization Of Severance Rights From The Perspective Of Labor Law Fatria Ntobuo, Deby
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.v6i3.29989

Abstract

Termination of Employment (PHK) is a critical issue in the world of labor that often leads to conflicts between workers and employers. This study aims to examine the process of PHK and the implementation of workers' severance rights from the perspective of Indonesian labor law, particularly based on Law No. 13 of 2003 on Employment and the Job Creation Law. The research method used is juridical-normative with an approach to regulations and case studies. The results of the study show that the PHK process must be carried out in good faith and through mechanisms regulated by law, such as mediation and bipartite negotiations. However, in practice, many PHK cases do not meet legal procedures, resulting in harm to workers, including the failure to fulfill severance rights fairly. The Job Creation Law introduces several changes that may offer flexibility to employers but also create new challenges regarding the protection of workers' rights. This study recommends strengthening labor supervision and enhancing legal understanding for both workers and employers to create a harmonious industrial relationship.
Deconstruction of the Purpose of Marriage in the Legal Perspective in Indonesia Hasan, Rifal; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31012

Abstract

The childfree phenomenon, which refers to the decision of couples not to have children despite being married, is increasingly growing in Indonesia, presenting challenges in both social and legal aspects. This study aims to examine the factors driving couples to choose the childfree lifestyle, including awareness of personal well-being, economic challenges, environmental consciousness, and health reasons. Additionally, this research seeks to explore the social views that still consider marriage without children as a failure, as well as how Indonesian law, particularly Law No. 1 of 1974 on Marriage, provides space for couples to choose whether or not to have children. The method used is a descriptive qualitative approach, with data collection through literature studies and in-depth interviews with couples who choose to live childfree, as well as legal practitioners. The results of the study show that while Indonesian law does not force married couples to have children, social pressure based on traditional norms still remains strong, perceiving marriage without children as a failure. However, as times progress, more couples are choosing the childfree path, and society, especially in major cities, is becoming more open to this choice. This research suggests that Indonesian law should be more inclusive in accommodating such life choices and educate society to better respect individual freedom in determining their own life path. The childfree phenomenon prompts further reflection on the meaning of family, happiness, and marriage in modern society.
Catcalling as a Human Rights Violation: An Examination of Law and Regulation in Public Spaces Antungo, Titin
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.v7i1.30754

Abstract

This research aims to analyze the legal aspects and social implications of catcalling as a form of human rights violation, as well as identify shortcomings in existing regulations to protect victims from verbal harassment in public spaces. The method used is a qualitative approach through the analysis of legal documents, literature review, and case studies of catcalling incidents in several major cities, which allows researchers to explore in-depth the public perception, cultural norms, and the application of laws related to sexual harassment. The research examines laws and regulations governing harassment and discrimination, comparing Indonesia's legal protection mechanisms with practices in other countries, to highlight weaknesses and opportunities for improvement in the national legal system. The results show that catcalling is a manifestation of human rights violations that undermine dignity, safety and gender equality, as the practice not only inflicts psychological trauma on victims, but also creates an atmosphere of insecurity in public spaces. The findings also indicate that while there is a legal framework on sexual harassment, its implementation and enforcement remain weak, influenced by social norms and gender stereotypes that consider such behavior as normal. Therefore, this study recommends reviewing existing regulations, raising public awareness through education, and implementing stricter legal sanctions, as strategic steps to address catcalling and realize an inclusive and safe social environment for all citizens
Comparison of Indonesian and South Korean Criminal Systems in Child Crime: Restorative Justice Review Abdullah, Nadia Rahmatiya
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.v7i1.30755

Abstract

This study explores the implementation of restorative justice in Indonesia's juvenile justice system, focusing on the challenges and opportunities for improving the rehabilitation of juvenile offenders. Restorative justice, a model that emphasizes repairing harm through dialogue and mutual agreement between offenders, victims, and the community, offers an alternative to punitive measures traditionally used in criminal justice systems. The research examines the legal framework provided by the Indonesian Juvenile Justice System under Law No. 11 of 2012 and its application in practice. Despite the positive intentions of the law, several obstacles hinder the effective implementation of restorative justice, including inadequate rehabilitation facilities, a lack of understanding and training among law enforcement officers, and a prevailing punitive culture within the judicial system. The study highlights the need for greater access to rehabilitation programs, comprehensive training for legal practitioners, and increased public awareness of the benefits of restorative justice. Additionally, it emphasizes the importance of including victim participation and family involvement in the restorative process to enhance its effectiveness. The findings suggest that, with the appropriate reforms, restorative justice can provide a more rehabilitative approach to juvenile crime in Indonesia, offering a pathway for young offenders to reintegrate into society and avoid the negative consequences of imprisonment
Corporate Legal Liability for Environmental Damage Utiarahman, Nuraisah Masita
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.v7i1.30768

Abstract

This study aims to examine the legal liability of companies for environmental damage and its implications for financing sustainable education. The main focus of this study is to understand how companies can contribute through Corporate Social Responsibility (CSR) programs that support sustainability based education initiatives, and to identify challenges and opportunities in their implementation. The method used in this study is a literature study, by reviewing various related regulations, including Law No. 32 of 2009 and Government Regulation No. 27 of 2012. This study also uses a qualitative approach to analyze the implementation of corporate CSR programs in the sustainable education sector, as well as the challenges faced in implementing this policy. This study found that corporate legal liability for environmental damage can be utilized to fund sustainable education through CSR. Companies can contribute by providing funds for curriculum development, environmentally friendly educational facilities, and training that increases environmental awareness. However, the main challenge found is the lack of clear regulations regarding the use of CSR funds for education that supports sustainability. Clearer policies are needed to ensure that corporate contributions are more focused and impactful
Fraud and Digital Crime: Challenges and Solutions in the Era of Blockchain Technology Sahwa Mointi, Nurul Ananda
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.v7i1.30794

Abstract

This study aims to identify the challenges in combating fraud crimes involving blockchain technology and explore effective solutions to address these issues. The research uses a descriptive qualitative approach with a case study. Data is collected through a literature review of relevant literature on blockchain, digital fraud, as well as regulations and policies implemented in various countries. The findings of this study reveal several key challenges in addressing fraud crimes involving blockchain. First, the anonymous nature of blockchain transactions makes it difficult to track and identify fraudsters. Second, the decentralized nature of blockchain reduces the role of central authorities in overseeing and controlling transactions. Third, the lack of clear regulations in several countries regarding the use of blockchain and cryptocurrency. Proposed solutions include the use of analytical technology, such as blockchain forensics, to track transaction traces, as well as strengthening regulations on cryptocurrency, including identity verification and reporting suspicious transactions. Additionally, education and digital literacy for the public are essential to raise awareness about digital fraud risks and provide a better understanding of how to protect oneself in the blockchain world
Notary Liability for Authentic Deed via Video Conference Tombiling, Marcella Natalia; Thalib, Mutia Cherawaty; Zulfikar Sarson, Mohamad Taufiq
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.v7i1.30795

Abstract

The creation of authentic deeds through video conferencing has become increasingly popular amidst technological advancements and the need to adapt to social distancing restrictions due to the pandemic. This study aims to identify the challenges and risks faced by notaries in the creation of authentic deeds online and to find solutions for maintaining the validity and integrity of the deeds. The method used is a descriptive qualitative approach with a case study, where data is collected through literature review and interviews with notaries and legal practitioners. The results of the study indicate that the main challenges in the creation of authentic deeds via video conferencing include technical issues, the difficulty of verifying identities without face-to-face interaction, and the risks of fraud or coercion of the parties involved. Proposed solutions include the use of secure identity verification technologies such as electronic signatures and biometrics, as well as the implementation of clearer regulations regarding online authentic deed creation. Additionally, the importance of maintaining process integrity by involving witnesses virtually and ensuring transparency is emphasized. This study concludes that although the creation of authentic deeds through video conferencing presents various challenges, with the proper application of technology and careful oversight, the resulting deeds remain valid and legally binding
Digital Privacy Crisis: Legal Protection of Social Media Users' Data in Indonesia's 2022 Law Lihawa, Rahmad
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.v7i1.30980

Abstract

This study analyzes the challenges in implementing Indonesia's Law Number 27 of 2022 on Personal Data Protection (PDP Law) and explores the roles of stakeholders in ensuring its effectiveness. The research identifies obstacles in the law's implementation and highlights how collaboration between electronic system organizers, the government, legal practitioners, and the public can improve personal data protection in the digital era. Using a qualitative approach with descriptive analysis, data is gathered from literature studies, legal documents, reports, articles, and interviews with legal professionals, regulators, and companies operating electronic systems. Content analysis is used to identify key issues related to the PDP Law’s implementation, challenges, and stakeholder roles. A comparative approach is also applied to evaluate how the PDP Law compares to other regulations, such as the EU’s GDPR. The findings indicate that while the PDP Law provides a solid legal framework, its implementation faces challenges, including limited resources at the Personal Data Protection Agency (BPDP), low public awareness, and inconsistencies between Indonesian policies and international platforms. Additionally, there are differing interpretations of personal data management policies between regulators and electronic system organizers. The study stresses the need for collaboration among stakeholders, increased legal education, and stricter supervision to ensure the law's effective implementation
The Role of the State Administrative Court as a Control Mechanism Over Government Administration Akuna, Sandrawati
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31024

Abstract

The State Administrative Court (PTUN) plays a central role in upholding the rule of law and good governance by providing oversight of government administration. PTUN serves as a judicial institution authorized to resolve disputes between citizens or private legal entities and state administrative bodies or officials concerning state administrative decisions (KTUN). This study aims to analyze the role of PTUN in protecting citizens' rights and enforcing the principles of good governance. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that although PTUN holds absolute competence in resolving administrative disputes, the effectiveness of its rulings still faces challenges, including government non-compliance with court decisions. Additionally, the enactment of Law No. 30 of 2014 on Government Administration has expanded PTUN’s authority, particularly in assessing the presence of abuse of power by state administrative officials. However, the implementation of this regulation still requires strengthening in terms of transparency and accountability. Therefore, enhancing PTUN’s institutional capacity is necessary to ensure legal certainty and justice for the public. In conclusion, PTUN plays a strategic role in maintaining the balance between governmental power and the protection of citizens’ rights, thereby fostering a more transparent, accountable, and just administrative system

Page 32 of 36 | Total Record : 358

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