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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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Juridical Analysis of the Position of PTUN in Resolving State Administrative Disputes Ali, Safitri
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.v7i2.31026

Abstract

This study analyzes the position of the State Administrative Court (PTUN) in resolving state administrative disputes by highlighting its role, function, and authority in protecting citizens' rights. Using a normative juridical method, this research examines the legal basis, principles, and practices of PTUN in upholding the rule of law, including case studies to understand its legal implementation in court. The findings indicate that PTUN plays a crucial role in overseeing government actions to ensure compliance with the law and good governance principles, despite challenges related to independence, effectiveness, and public accessibility. Therefore, enhancing judicial capacity, simplifying procedures, and strengthening institutional independence are necessary for PTUN to function optimally. In conclusion, PTUN serves as a vital judicial control mechanism within Indonesia’s legal system, and strengthening this institution is essential to fostering a more transparent, accountable, and just government.
The Role of the Administrative Court in Protecting Citizens' Rights from Harmful Administrative Actions Kau, Paramita
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.v7i2.31023

Abstract

The State Administrative Court (PTUN) plays a crucial role in ensuring legal certainty for citizens in administrative disputes. This article examines its role within Indonesia’s legal system and how PTUN ensures that government administrative actions remain within the bounds of applicable laws. This study employs a normative legal research method with a literature review approach. The findings indicate that PTUN functions as a mechanism to oversee administrative decisions and actions that may be detrimental to citizens. Through transparent and accountable legal procedures, PTUN ensures that government decisions are made in accordance with the law, are not arbitrary, and provide protection for the rights of individuals and legal entities. PTUN also contributes to building a fairer, more transparent, and accountable government by upholding the principles of the rule of law and good governance. With PTUN in place, the public has a clear legal avenue to challenge harmful administrative decisions, thereby strengthening legal certainty and social justice in governance
Hostage Taking (Gijzeling) in Tax Law Tax: A Perspective on the Protection of State Interests Ikbal, Moh; A'la, Nurul
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.v7i2.31614

Abstract

Gijzeling or detention in Indonesian tax law is an instrument used to ensure compliance with tax obligations by Taxpayers who have not settled their tax debts. Based on Law of the Republic of Indonesia Number 6 of 1983 concerning General Provisions and Tax Procedures, which was amended by Law Number 28 of 2007, gijzeling is applied when a Taxpayer has tax debt of at least Rp100 million and fails to meet the payment obligation after collection efforts have been made. This study aims to analyze the procedure and implementation of gijzeling in Indonesian tax law, as well as to evaluate the legal basis for the use of this instrument, including the procedures that must be followed to avoid violating the Taxpayer's rights. The methodology used in this study is a qualitative approach with normative legal research, which focuses on the analysis of applicable regulations, legal doctrines, and the practice of implementing gijzeling. The primary data sources come from relevant regulations, particularly the Tax Law and Director General of Tax Regulation Number PER-29/PJ/2015. The research findings indicate that while gijzeling is a valid instrument in enforcing tax law, its implementation must follow clear and fair procedures. Strict supervision from both internal and external parties is crucial to prevent abuse of power. Gijzeling can only be applied after all other collection efforts have failed and must respect the Taxpayer's rights, applied in a proportional and prudent manner to achieve fiscal justice.
The Evolution of Restorative Justice in the National Criminal Justice System Zubedi, Zulfikar; Aji Prasetyo, Achmad
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.v7i2.31632

Abstract

 The transformation of law enforcement in Indonesia is an effort to create a fair and effective legal system, but the journey towards it is faced with major challenges between ideal expectations and existing realities. Although various reforms of law enforcement institutions and the application of technology in the legal process have been carried out, inequality in access to justice, political intervention, and low integrity of officers are still significant problems. This article aims to analyze the dynamics of law enforcement transformation in Indonesia by looking at the gap between public expectations of the supremacy of law and the reality that occurs in the field, as well as identifying inhibiting and driving factors in realizing effective and just law enforcement. Based on a juridical-sociological approach, this study critiques developments and provides recommendations for strengthening legal institutions in order to realize a better legal system in Indonesia.
Greenwashing as Environmental Fraud: Highlighting the Lack of Regulation and Law Enforcement in Indonesia Lebie, Romansyah Fitra; Br. Sihombing, Rio Riccha
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.v7i2.31612

Abstract

Greenwashing is a practice that is increasingly prevalent in Indonesia, along with increasing consumer awareness of environmental sustainability. This phenomenon occurs when companies claim that their products are environmentally friendly, but the claims are not supported by legitimate evidence or are merely a marketing strategy. This article aims to explore the greenwashing phenomenon in Indonesia, identify its impact on consumers and the environment, and analyze the lack of regulation and law enforcement governing sustainability claims. Based on descriptive qualitative research, it was found that greenwashing harms consumers financially and undermines their trust in legitimate sustainability claims. In addition, greenwashing also hinders progress in environmental protection efforts by diverting attention from more effective solutions and reducing the competitiveness of truly green products. The lack of clear regulations and adequate oversight by relevant agencies in Indonesia exacerbates this problem. Therefore, strengthening more specific regulations and stricter law enforcement are urgently needed to create a more transparent market and support true sustainability. This article recommends improved regulations, increased capacity of oversight agencies, and more severe sanctions to address greenwashing practices and support broader environmental protection
Discourse on the Absolute Competence of the State Administrative Court Post-Birth of Government Administrative Law Valin Ismail, Nur; So Young, Choi
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.v7i2.31636

Abstract

This paper analyzes the expansion of the absolute competence of the State Administrative Court (PTUN) based on Law Number 30 of 2014 and its consequences. Using a normative juridical method through literature research, the study finds that the expansion covers several aspects: a broader definition of decisions and government administration, including judicial, executive, and legislative actions, as well as factual acts; examination of administrative effort results; requests for positive fictitious decisions; review of abuse of authority; and testing of discretion. This expansion strengthens PTUN’s role in resolving administrative disputes and protecting public rights. However, it also brings consequences such as potential conflicts with administrative law theory, overlaps with criminal law in authority abuse cases, longer administrative procedures affecting access to justice, and challenges in regulating discretion due to complex legal issues.
Transformation of Law Enforcement in Indonesia: Between Hope and Reality Indra Muliansyah, Muhammad; Rachman, Irma
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.v7i2.31631

Abstract

The transformation of law enforcement in Indonesia is an effort to create a fair and effective legal system, but the journey towards it is faced with major challenges between ideal expectations and existing realities. Although various reforms of law enforcement institutions and the application of technology in the legal process have been carried out, inequality in access to justice, political intervention, and low integrity of officers are still significant problems. This article aims to analyze the dynamics of law enforcement transformation in Indonesia by looking at the gap between public expectations of the supremacy of law and the reality that occurs in the field, as well as identifying inhibiting and driving factors in realizing effective and just law enforcement. Based on a juridical-sociological approach, this study critiques developments and provides recommendations for strengthening legal institutions in order to realize a better legal system in Indonesia
Inconsistency in Law Enforcement on Torture by Authorities: The Urgency of Harmonizing the Criminal Code and the Anti-Torture Convention Humu, Cendris; Fujiyana Khoerunisa, Arien
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.v7i2.31627

Abstract

This article aims to analyze the inconsistency in law enforcement regarding the practice of torture by law enforcement officers in Indonesia, as well as to examine the urgency of harmonizing the Indonesian Criminal Code (KUHP) with the Convention Against Torture. This study uses a normative juridical method with an approach based on legislation, conceptual analysis, and concrete cases. The discussion reveals that the practice of torture by law enforcement officers reflects a systemic pattern of violence, driven by weak regulations in the KUHP, suboptimal monitoring mechanisms, and a strong culture of impunity. Although Indonesia has ratified the Convention Against Torture, the absence of specific provisions on the crime of torture in the KUHP, the failure to ratify the Optional Protocol (OPCAT), and the delayed revision of the Criminal Procedure Code (KUHAP) are the main factors behind the failure to prevent and enforce accountability. This article recommends comprehensive reforms through the revision of the KUHP and KUHAP, ratification of the OPCAT, strengthening independent monitoring bodies, and a shift in the paradigm of law enforcement officials to respect human rights principles in order to effectively eliminate the practice of torture in Indonesia.
Legal Sanctions in Environmental Crimes: Between Effectiveness and Obstacles Bahutala, Andris E.; Aswar, Asrul
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.v7i2.31634

Abstract

The purpose of this paper is to evaluate the effectiveness of the application of criminal sanctions based on Law No. 32 of 2009 concerning Environmental Protection and Management and to identify the obstacles to its implementation in the context of environmental law enforcement in Indonesia. The writing method uses a juridical-normative approach to the study of laws and regulations and a qualitative approach through case studies of environmental court decisions and interviews with law enforcement officers. The analysis and discussion focus on the form of criminal sanctions (imprisonment and fines), the principle of ultimum remedium, the still limited deterrent effect, as well as technical obstacles to proof, coordination between agencies, and low public awareness and participation. Based on these findings, the conclusion states that although the legal framework for environmental criminal sanctions is comprehensive, its effectiveness is still hampered by institutional and procedural aspects; therefore, recommendations are directed at strengthening the technical capacity of officers, harmonizing regulations, and increasing collaboration between agencies and public education so that criminal sanctions can function optimally as an instrument for preventing and eradicating environmental crimes.
Establishing Legal Certainty in the Digital Era: Challenges and Solutions Rahman Toyi, Abdul; Zachra Putri Hamidun, Elmira
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.v7i2.31630

Abstract

This article aims to examine the challenges and formulate solutions in building legal certainty in the digital era in Indonesia. This writing uses a normative legal method with a legislative, conceptual, and comparative case study approach. The analysis shows that the rapid development of digital technology has revealed various legal challenges, such as inconsistencies in regulations before the enactment of the Personal Data Protection Law, the lag of legislation compared to technological innovation, fragmentation of authority between institutions, the dilemma between encouraging innovation and protecting individual rights, and the complexity of jurisdiction in international cyber law. To answer these challenges, comprehensive legal reform is needed, the establishment of an independent institution for personal data protection, regulatory harmonization, and strengthening international cooperation. Furthermore, the concept of Agile Lawmaking, the implementation of Legal Tech and Smart Contracts, and digital legal education reform are the keys to building an adaptive and responsive legal system, as demonstrated by best practices from Estonia and Singapore. As a recommendation, it is necessary to immediately update regulations based on real-time data, develop a national digital legal ecosystem, increase the capacity of legal officers, and actively involve the community in formulating policies to ensure legal certainty while encouraging sustainable digital economic growth.

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