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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 Use of Digital Evidence in Law Enforcement Efforts in Human Trafficking Cases Djamadi, Noval; W. Badu, Lisnawaty; Towadi, Mellisa
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.v7i3.33365

Abstract

This study aims to determine the efforts of law enforcement in using digital evidence to prove human trafficking cases in Indonesia. This study is a normative study analyzed descriptively qualitatively. The results of the study indicate that law enforcement efforts in utilizing digital evidence include digital data seizures, electronic communication tracking, digital financial transaction analysis, and the involvement of digital forensic experts in authenticating evidence submitted to the court. Although the national legal framework, such as the ITE Law and Law Number 21 of 2007, has recognized the validity of digital evidence, its implementation in the field still faces various obstacles both in terms of technical, regulatory, and human resources. Law enforcement officers still need to increase their capacity in handling digital evidence professionally and proportionally
A Study on the Implementation and Legal Protection of Electronic Land Registration in Gorontalo City Nur Khairia Podungge, Lini Lisa; Yutye Imran, Suwitno; Taufiq Zulfikar Sarson, Mohamad
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.v7i3.32504

Abstract

This study aims to examine and analyze the implementation of the electronic land registration system at the National Land Agency (BPN) Office of Gorontalo City, as well as the forms of legal protection provided to land rights holders in the event of errors in the system. This research adopts a normative-empirical legal approach, utilizing statutory, conceptual, and case study methods. Primary data were obtained from the Gorontalo City BPN Office, while secondary data were sourced from legislation, literature, and relevant research findings. All data were analyzed using a descriptive-qualitative method. The findings indicate that the implementation of the electronic land registration system in Gorontalo City has generally been in accordance with the applicable regulations, although it still faces various challenges from both the public and the internal operations of the BPN. The registration process continues to adhere to the fundamental principles and objectives of land registration. Legal protection for land rights holders is provided optimally through a correction mechanism in cases of errors in physical or juridical data, referring to the land register stored at the land office. Furthermore, the security features of electronic certificates are considered adequate, difficult to forge, and capable of preventing overlaps or duplication of certificates.
Legal Aspects of Business Dispute Resolution through Alternative Out-of-Court Settlements Manopo, Jusril D.; G. Baharu, Wiranto
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.v7i3.32439

Abstract

Legal aspects in business dispute resolution through alternative dispute resolution (ADR) play an essential role as they offer a more efficient, flexible, and lower-cost solution compared to litigation processes in court. Various ADR methods, such as mediation, arbitration, and negotiation, are governed by legal regulations aimed at ensuring fairness for all parties involved. Key legal aspects of ADR in Indonesia include the legal foundations in the Civil Code, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, and other related regulations. Mediation and arbitration have become preferred choices for business dispute resolution due to their time and cost efficiency, as well as their ability to preserve relationships between the parties involved. However, challenges in its implementation, such as the lack of public awareness, inconsistent application of legal provisions, and limited professional capacity of mediators or arbitrators, continue to hinder the optimal utilization of ADR mechanisms. Furthermore, the enforceability of ADR outcomes particularly arbitral awards often faces procedural barriers and resistance from parties unfamiliar with non-litigation solutions. Despite these obstacles, the development of ADR in Indonesia continues to show promise, supported by judicial encouragement and increasing inclusion in contractual clauses. In conclusion, strengthening the legal framework, enhancing professional standards, and promoting ADR literacy among stakeholders are crucial steps in advancing effective business dispute resolution outside the courtroom.
Juridical Analysis of Unregistered Marriages' Effects on Children's Legal Status and Civil Rights Ismail, Rifki; Mustapa, Agil
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.v7i3.32282

Abstract

Unregistered marriages, commonly known as Nikah Siri, remain widespread in Indonesia despite conflicting with formal legal norms. Although religiously valid, such marriages do not provide legal protection for women and children born from these unions. This paper aims to examine the legal consequences of unregistered marriages on the status and rights of children. Using a qualitative descriptive method with statutory and case study approaches, this research analyzes legal protections available to children from these marriages. The study finds that Constitutional Court Decision No. 46/PUU-VIII/2010 enables children born out of wedlock to establish civil relations with their biological fathers if scientifically proven. The findings reflect a shift in legal perspective toward a more humanistic and justice-oriented approach in protecting children’s rights.
Challenges in the Implementation of Consumer Legal Protection in Indonesia: A Case Study on Regulatory Gaps and Enforcement Issues R.Tomelo, Aprillia
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.v7i3.31673

Abstract

Legal protection for consumers is important in maintaining consumer rights in the market. The purpose of this study is to analyze the form of legal protection provided to consumers and the obstacles faced in its implementation. The method used is a descriptive approach with a case study, where data is collected through observation and interviews with consumers and business actors. The results show that although there are regulations governing consumer protection, there are still obstacles in its implementation, such as lack of consumer awareness and weak supervision from the authorities. Effective legal protection is needed to ensure fairness and consumer welfare in economic transactions.
Juridical Analysis of a Criminal Offense Involving Sexual Intercourse with a Child Djabar, Oktavia
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.v7i3.31347

Abstract

This study aims to analyze the juridical aspects of criminal offenses involving sexual intercourse with a child, particularly within the framework of Indonesian criminal law. The objective is to understand the legal foundations, application of statutory provisions, and legal consequences imposed on perpetrators. The research employs a normative juridical method with statutory and case approaches, focusing on the analysis of legal norms and court decisions to assess how these laws are implemented in practice. The findings reveal that such offenses are governed by the Indonesian Penal Code (KUHP) and Law No. 35 of 2014 on Child Protection. In practice, challenges include inconsistencies in sentencing, evidentiary barriers, and the psychological vulnerability of victims. This study underscores the need for a firmer and more consistent application of the law to ensure justice and deterrence. The novelty of this research lies in its critical examination of judicial reasoning in selected verdicts, exposing gaps and disparities in legal interpretation and sentencing. This analysis contributes to the discourse on child protection by offering legal insights that promote uniformity and fairness in handling such cases. In conclusion, the study recommends reforms in judicial practices, the implementation of child-friendly legal procedures, and stronger enforcement of sentencing guidelines to better safeguard children’s rights.
Juridical Review Of Fine Art Works Created Using Artificial Intelligence Technology Art Generator D. Matona, Marshanda Adella; Almoravid Dungga, Weny; Fazri Elfikri, Nurul
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.v7i3.31295

Abstract

This study examines legal challenges surrounding AI-generated artworks, focusing on copyright protection in Indonesia. AI art raises concerns about authenticity and ownership, prompting an analysis of existing copyright laws through a normative juridical approach and literature review. Findings show that many AI-created works fail to meet originality criteria under current laws, exposing regulatory gaps. The study also addresses issues with using copyrighted works as AI training data, particularly regarding royalties and protection on social media. Results highlight insufficient policies for creators and developers, emphasizing the urgent need for clearer legal frameworks to safeguard rights and support fair AI use in creative fields.
Assessing the Effectiveness of the Enforcement Mechanisms for Electoral Offenses in Indonesia Mantali, Rinoldi
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.v7i3.31251

Abstract

This study aims to assess the effectiveness of enforcement mechanisms for electoral offenses in Indonesia. The main issues examined are the extent to which the current system can effectively address violations and the challenges faced in its implementation. This research adopts a socio-legal approach using qualitative methods, including literature review, legal analysis, and case studies of electoral violations. The findings reveal that the enforcement system continues to face several obstacles, such as overlapping institutional mandates (between Bawaslu, the police, and the prosecution), limited resources, and weak coordination and consistency in applying sanctions. These factors contribute to a lack of deterrent effect, allowing violations to persist across election cycles. The study recommends strengthening inter-agency coordination, restructuring the legal framework, and enhancing institutional capacity to establish a more effective and credible enforcement system for electoral justice.
Challenges and Perspectives of Banks in Accepting Crypto as Collateral for Banking Transactions Herliono, Anggun Angriani Putri; Junus, Nirwan
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.v7i3.28893

Abstract

The rapid development of digital technology has led to the emergence of crypto assets as a new financial instrument that is starting to be considered as collateral for banking transactions in Indonesia. Although crypto has been recognized as a digital commodity that can be traded on futures exchanges, there are currently no specific regulations explicitly governing its use as collateral for bank loans. This study aims to analyze the legal aspects, practical challenges, and risk management faced by banks in accepting crypto as collateral. The research method used is a normative legal method with a statutory and conceptual approach, supported by a literature review and comparative analysis of international practices. The results show that although crypto meets the criteria for collateral from a civil law perspective, banks still face several significant challenges, such as high price volatility, digital security risks, and the lack of standard operating procedures related to the assessment and execution of crypto collateral. Therefore, banks tend to position crypto as additional collateral, rather than primary collateral, to minimize the risk of loss. This study recommends the need to establish a more comprehensive and adaptive legal framework, strengthen technological infrastructure, and improve digital financial literacy to support the safe and effective implementation of crypto as collateral. Thus, synergy between regulators, industry players, and the public is essential to create an inclusive and sustainable digital financial ecosystem in Indonesia.
Urgency of Recognizing Dayak Customary Communities and Land Rights in Central Kalimantan Nathaniel, Ditto
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.v7i3.32774

Abstract

This study found that there is a legal vacuum related to the determination of the Dayak Customary Law Community (MHA) as a legal subject along with legal vagueness related to the object of law, namely customary land based on regional regulation no.16/2008 Jo. PERDA No.1/2010 on Dayak customary institutions and PERGUB No.13/2009 Jo. PERGUB No.4/2012 on customary land and customary rights on land in Central Kalimantan, so that it does not meet the principle of legal certainty of customary land rights for Dayak Indigenous Peoples. This article aims to explain the urgency of establishing Dayak customary law and customary land rights for Dayak Indigenous people in Central Kalimantan. This study uses normative Research Methods with the approach of legislation, conceptual and historical.  Through the results of this study, it is advisable to immediately recognize and establish the Dayak Customary Law community as a subject of law through PERDA No. 2/2024 concerning recognition and protection of Dayak Customary Law communities and establishing Customary Land legal objects based on ATR/BPN regulation no. 14 of 2024 concerning the implementation of Land Administration and Land Registration of Customary Rights.

Page 35 of 36 | Total Record : 358

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