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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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The Creditor's Role as the Fiduciary Guarantee Recipient in Movable Property Rights Protection System Rauf, Nur'Ainun Sri A.; Abdussamad, Zamroni; Fazri Elfikri, Nurul; Fathurrohman, Aulia
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.v7i2.31593

Abstract

The execution process of fiduciary guarantees in bankruptcy cases in Indonesia faces significant legal challenges. Although Law No. 42 of 1999 on Fiduciary Guarantees grants priority rights to creditors holding fiduciary guarantees, its implementation is often hindered by unclear procedures and inconsistencies between fiduciary guarantee law and bankruptcy law. This study aims to analyze the obstacles creditors face in executing fiduciary guarantees in bankruptcy cases and to find legal solutions to enhance legal certainty for creditors. The research method uses a normative approach, analyzing relevant regulations and court rulings, and comparing fiduciary guarantee law with bankruptcy law. The results indicate that legal uncertainty, a 90-day execution suspension after bankruptcy, and the role of the receiver, which delays the execution of fiduciary guarantees, are the main barriers. Therefore, it is recommended to implement legal reforms that provide clearer and more efficient execution procedures and ensure better protection of creditors' rights in bankruptcy situations. Thus, this study contributes to improving the fiduciary guarantee legal system in Indonesia.
The Dilemma of Handling Cases of Child Copulation: Obstacles, Strategies, and Gorontalo Protection Mointi, Nurul Ananda Sahwa; U. Puluhulawa, Moh. Rusdiyanto; Apripari, Apripari; Devi, 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.v7i2.31615

Abstract

Cases of sexual intercourse involving minors are one of the legal challenges that require serious attention, both in terms of prosecution and protection of children's rights. The public prosecutor plays a key role in the prosecution of these cases, not only in drafting the indictment and laying charges, but also in safeguarding the rights of children as victims and perpetrators. This study aims to analyze the role of public prosecutors in the prosecution of cases of child sexual intercourse and the obstacles faced in the prosecution process. The research method used is a qualitative approach with an empirical study, collecting data through interviews with public prosecutors and other related parties, as well as analyzing case documents. The results showed that prosecutors at the Gorontalo District Public Prosecutor's Office faced a number of internal obstacles, such as limited human resources competent in handling juvenile cases, as well as a lack of training related to child psychology and rehabilitative approaches. In addition, external obstacles faced are the legal culture of the community that does not fully support the protection of children's rights, as well as the social stigma against children involved in criminal acts. This study suggests the need for increased training for prosecutors in handling children's cases, as well as the importance of socialization to the community regarding the protection of children's rights. With these efforts, it is hoped that the prosecution of child sexual abuse cases can be more effective and fair.
The Legal Standing and Regulation of Legal Counsel for Members of the Indonesian National Police Rasyid, Rahmat Eka Putra; W. Badu, Lisnawaty; Apripari, Apripari
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.v7i2.31652

Abstract

This article aims to analyze the regulation of legal counsel within the profession of the Indonesian National Police (Polri), as well as to examine the legal basis that enables Polri to provide legal assistance. This study adopts a normative legal research method, utilizing statutory and conceptual approaches. Legal materials were collected through document studies and analyzed prescriptively. The findings indicate that the role of legal counsel in Indonesia is generally governed by Law Number 18 of 2003 concerning Advocates and Article 1 paragraph (13) of the Indonesian Criminal Procedure Code (KUHAP). However, Polri also has its own internal regulations regarding legal counsel, particularly Regulation of the Chief of the Indonesian National Police Number 2 of 2017 on the Procedures for Providing Legal Assistance by Polri, especially Article 1 paragraph (6) and Article 5 paragraph (2). This regulatory framework raises juridical issues as it is not fully aligned with the provisions of the Advocates Law, particularly Article 3 paragraph (1) letter c, which stipulates that only licensed advocates have the right to provide legal services. Therefore, a legal review of conflicting norms is necessary to ensure legal certainty and to prevent overlapping authority between the advocate profession and legal counsel within Polri.
Examining Copyright Protection for Open Source Software: Legal Implications in Indonesia Farishi, Salman; Ayu, Cica Kusmira Sagita
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.v7i2.31640

Abstract

The development of information technology in Indonesia has increasingly driven the use of Open Source Software (OSS), which enables open collaboration among developers worldwide. However, the implementation of copyright protection for OSS in Indonesia faces challenges, as the basic principle of copyright, which grants exclusive rights to creators, contradicts the spirit of sharing that lies at the core of OSS. This article aims to analyze the challenges faced in implementing copyright for OSS in Indonesia and explore how the adaptation of copyright regulations can support OSS development. This research employs a descriptive qualitative approach with document analysis and interviews as data collection methods. Data sources are derived from relevant legal literature on copyright, OSS licenses, and interviews with software developers and legal experts in Indonesia. The findings indicate that the mismatch between the exclusive nature of copyright principles and the collaborative spirit of OSS is the main challenge in legal regulation. Moreover, limited understanding of OSS licenses among software developers in Indonesia exacerbates the potential for copyright violations. Therefore, this study recommends the need for updates to the Copyright Law to better support the concept of open licensing and to provide better education for developers regarding the legal implications of using OSS. Strengthening the monitoring system is also necessary to ensure that OSS developers in Indonesia can continue to innovate safely while respecting copyright.
Motif and Dynamics of Women in Assault Crimes: An Empirical Study at the Gorontalo Resort Police Abdulah, Nadia Rahmatiya; U. Puluhulawa, Moh. Rusdiyanto; Rivadi Moha, Mohamad; Khairunnisa, Riska
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.v7i2.31591

Abstract

The criminal act of abuse committed by women is an intriguing phenomenon to study, particularly in the context of social dynamics and gender roles that influence such actions. This research aims to delve deeper into the factors that drive women to commit violence, as well as the countermeasures implemented by the Gorontalo Police Resort to address this issue. The methodology employed in this study is a qualitative approach with empirical analysis, involving in-depth interviews with law enforcement officers, victims, and perpetrators of violence. Data was also gathered through document studies, including case reports of criminal abuse involving women as perpetrators. The findings reveal that criminal abuse by women is often triggered by emotional factors such as heartache, anger, as well as social and economic pressures. Furthermore, past experiences of violence also contribute to violent behavior in adulthood. In terms of intervention, the Gorontalo Police Resort applies a three-stage approach: preemptive, preventive, and repressive. This approach includes public education, support for victims, and strict law enforcement against perpetrators. Rehabilitation for perpetrators of violence is also an essential part of long-term efforts to prevent recurring violence. This study is expected to contribute to the development of more effective policies aimed at reducing gender-based violence.
Legal Implications of Defendant's Non-Compliance with Child Support Obligations Based on Ruling No. 214/Pdt.G/2023/PA.Gtlo Laya, Putri Nadhia Diannita; Cherawaty Thalib, Mutia; Ahmad, Ahmad; Agustina, Ririn
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.v7i2.31592

Abstract

This study aims to analyze the legal implications of the defendant's non-compliance with child support obligations and the judge's considerations in determining the amount and increase of child support in Decision No. 214/Pdt.G/2023/PA.Gtlo. The background of this research focuses on the issue of non-compliance with child support obligations after divorce, which often leads to negative impacts on the child's well-being and may trigger prolonged legal processes. In this context, it is important to explore how the law responds to such non-compliance and how judges consider various factors in determining fair and sustainable child support. The objective of this research is to examine the legal consequences of the defendant's non-compliance with child support obligations and to understand the basis of the judge's considerations in determining the amount and increase of child support, specifically the annual increase of 20%. The research method employed is empirical legal research with a qualitative approach, combining court decision document analysis and interviews with relevant parties. Primary data is obtained from interviews with judges and lawyers, while secondary data is gathered through relevant legal literature. The research results indicate that non-compliance with child support obligations may result in legal sanctions such as execution or fines, and impact subsequent legal processes. The judge's considerations in determining child support include the defendant's financial capacity, the child's needs, and the principle of social justice. A realistic decision on child support increases is essential for the sustainability of fulfilling the child's rights.
Analysis of the Arrangement of Dress for Women in Sharia Regional Regulations from a Human Rights Perspective Hartina, Hartina; Abdussamad, Zamroni; Achir, Nuvazria
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.v7i2.31524

Abstract

This study aims to analyze the regulation of dress for women in the Sharia Regional Regulation from the perspective of Human Rights by looking at the position of the Sharia Regional Regulation in the national legal system and laws and regulations and analyzing the Mukomuko Regional Regulation Number 5 of 2016, using normative juridical research methods with a Legislative, Historical, and Conceptual approach. This research needs to be carried out because of the large number of Sharia Regional Regulations that have emerged at the central government or local government scales that have the opportunity to trigger political, social and legal problems. Sharia Regional Regulations that enter the private space also harm Human Rights that have been guaranteed by the 1945 Constitution, such as in Mukomuko Regional Regulation Number 5 of 2016 which is found to violate Human Rights in principle. The formation of the Regional Regulation should be adjusted to national laws and regulations, namely paying attention to multicultural aspects and prioritizing the principles of Human Rights.
Legal Accountability for Malpractice in Pet Ownership: A Case Study of Pet Shops Afandy Hermawan, Mohamad; Puluhulawa, Fenty U.; Mamu, Karlin Z.
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.v7i2.32048

Abstract

The phenomenon of violence against pets is increasingly prevalent in Indonesia, including malpractice committed by pet shops that provide medical services without proper authorization. This study aims to analyze the criminal legal liability for pet malpractice by pet shops and to identify the inhibiting factors in law enforcement in Gorontalo City. The research adopts a normative-empirical approach through a two-month field study using purposive sampling techniques involving cat lover communities, victims, and the police. Primary data were obtained through interviews and observations, while secondary data were collected through literature studies. The discussion highlights the case of Liga Pet Shop, which performed tail docking and administered restricted drugs without authorization—acts that fulfilled the elements of actus reus and mens rea, violating Article 302 of the Indonesian Criminal Code (KUHP) and Law No. 41 of 2014 on Animal Husbandry and Animal Health. However, criminal liability was not strictly enforced and concluded only with an apology. Inhibiting factors include weak specific regulations, limited competence of animal forensic officers, lack of investigative facilities, low public legal awareness, and a permissive culture in dispute resolution. The proposed recommendations include strengthening regulations by establishing standard operating procedures (SOPs) for pet shops, enhancing officer competence through animal forensic training, providing adequate investigative infrastructure, and launching public legal awareness campaigns. The study concludes that reforming the animal legal protection system is necessary through an integrative approach combining repressive, educational, and preventive measures to achieve fair and effective law enforcement
Legal Review on Marriage Dispensation and Its Impact on Children's Right to Education Kadir, Muthiara Afdillah; Talib, Mutia Cherawaty; Elfikri, Nurul Fazri
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34206

Abstract

This research examines the impact of marriage dispensation on fulfilling children's right to education within the jurisdiction of the Suwawa Religious Court. Marriage dispensation grants permission for marriage for minors, which has significant implications for children's education, particularly the risk of early school dropout. Empirical data reveals a high number of marriage dispensation requests involving students, potentially hindering children's access to quality education and the optimal development of their potential. Furthermore, this study highlights broader social consequences, including reproductive health risks, psychological pressure, and vulnerability to domestic violence, all of which threaten the well-being of children. From a legal perspective, although the regulation of Law No. 16 of 2019 and PERMA No. 5 of 2019 provides strict guidelines in the dispensation process, practical implementation still faces challenges in ensuring children's rights are heard and their best interests are prioritized. This situation calls for serious attention from the judiciary and relevant stakeholders. The study concludes the need for strengthening judges' capacity through training, legal assistance, and community education to change the social norms still influencing child marriage practices. A comprehensive policy recommendation is aimed at strengthening regulations, improving inter-agency synergy, and ensuring effective supervision to maximize the protection of children's educational rights. This study is expected to contribute to the development of child protection policies and enhance Indonesia's human resources in the future.
Legal Protection Mechanism for Pension Fund Beneficiaries Against Maladministration of Pension Payments Lihawa, Rahmad; Thalib, Mutia Cherawaty; Sarson, Moh. Taufiq Zulfikar
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34058

Abstract

This research discusses the legal protection mechanisms available to pension beneficiaries against maladministration in pension fund payments by partner banks of PT Taspen (Persero), specifically Bank SulutGo in the Gorontalo region. The background of this study stems from the fact that pension funds are a constitutional right of citizens, as stated in Article 28H paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and are also a form of social security guaranteed by Law No. 40 of 2004 concerning the National Social Security System. However, in practice, maladministration cases such as unilateral account blocking, transfer delays, and lack of transparency in information have been found, which cause retirees difficulties in accessing their entitlements. This study uses normative legal research methods with a statute approach and case approach, based on a study of banking regulations, consumer protection, and the social security system. The results of this research indicate that maladministration in pension fund payments can be categorized as a violation of consumer rights as regulated in Law No. 8 of 1999 on Consumer Protection and is contrary to the principles of prudence, transparency, and accountability in banking. The available legal protection mechanisms are divided into preventive measures, such as strengthening regulations and supervision, and repressive measures through internal complaints in banks, dispute resolution through the OJK and LAPS-SJK, up to civil lawsuits in court. However, challenges such as weak supervision, limited legal literacy, and the position of pensioners as vulnerable groups remain the main obstacles. Therefore, comprehensive legal protection needs to be strengthened, involving the government, PT Taspen, partner banks, and law enforcement agencies, to guarantee legal certainty, justice, and benefits for pension beneficiaries.

Page 34 of 36 | Total Record : 358

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