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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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Integration of Legal Philosophy Through Manners, Ethics, Aesthetics in Intellectual Awareness Heru Romadhon, Ahmad; Kaluku, Julisa Aprilia; Arafat, Yasser; Birahayu, Dita; Siswanto, Carissa
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.v7i3.30821

Abstract

This study examines the role of moral, ethical, and aesthetic values in building intellectual awareness in higher education, aiming to form individuals with ethical character. With a philosophical and empirical approach, this study shows that 61.3% of respondents agree and 27.8% strongly agree with the importance of these values in the academic ecosystem. Qualitative analysis of lecturer and student interviews highlights the application of these values in academic and social interactions. This study also integrates character education with the challenges of the digital era, emphasizing the importance of digital ethics in the curriculum so that students can apply traditional values in cyberspace. These findings underline that the integration of moral, ethical, and aesthetic values not only supports moral learning but also creates graduates who are ready to contribute ethically in a dynamic global society.
Comparison of Political and Legal Dynamics in the Impeachment Process: A Case Study of Indonesia and Brazil Rivera, Kevin; Iqbal Mustapa, Muhammad
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.v7i3.31090

Abstract

Impeachment is a constitutional mechanism in presidential systems designed to hold presidents accountable, yet its execution is often shaped by political dynamics rather than purely legal considerations. This study compares the impeachment cases of Indonesia’s President Abdurrahman Wahid (2001) and Brazil’s President Dilma Rousseff (2016), revealing how political interests significantly influenced both processes. In Indonesia, Wahid’s removal stemmed largely from executive-legislative tensions and party-political maneuvering, with weak legal grounds. In Brazil, Rousseff’s impeachment was driven by intense government-opposition conflict, amplified by media narratives and public opinion, leading to heightened polarization. Despite constitutional frameworks, both cases illustrate how impeachment can be weaponized as a political tool rather than a legal safeguard. The study highlights the blurred boundary between law and politics in impeachment proceedings and underscores its consequences for democratic stability and institutional credibility. Findings suggest that when impeachment is motivated by partisan agendas, it risks eroding public trust in legal institutions and weakening governance. To preserve democratic integrity, impeachment processes must adhere to principles of objectivity, transparency, and fairness, ensuring they serve accountability not political expediency.
Cloud Computing: A Threat or a Boon for Government Administration in the Digital Age? Yassine, Chami
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.v7i3.31089

Abstract

The implementation of cloud computing in government administration in the digital era presents both opportunities and challenges. This technology offers a range of benefits, including enhanced operational efficiency, cost savings, improved inter-agency collaboration, and the provision of public services in a faster and more transparent manner. Cloud computing enables centralized data management and real-time access to information, thereby supporting digital government (e-government) initiatives. However, its application also introduces risks related to data security and the privacy of highly sensitive information, such as citizens’ personal data and critical information pertaining to government policies. Dependence on third-party cloud service providers exacerbates the threat to data sovereignty and increases the risk of unauthorized access. This study aims to explore the benefits and challenges faced by governments in implementing cloud computing and to identify mitigation measures that can be adopted to ensure robust data protection. The methodology employed in this study is normative, involving an analysis based on literature, legal regulations, and policies related to cloud computing and data protection in the public sector. The study examines the regulations, policies, and best practices implemented by several countries in managing government data stored in the cloud. The findings reveal that although cloud computing offers efficiency and ease in data management, challenges related to data security, privacy, and dependence on cloud service providers must be addressed with clear policies and stringent security systems. With appropriate policy implementation, cloud computing can be a boon for government administration; however, if not managed carefully, it may pose a threat to public data security
Excise Regulation For Single-Use Plastics As An Effort To Reduce Environmental Pollution In Indonesia Maisyarani, Ghina; Istislam, Istislam; Indra Rahmawan, Triya
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.v7i3.32882

Abstract

This study examines the legal vacuum in the regulation of excise duty on single-use plastics in Indonesia. The accumulation of poorly managed plastic waste has become a serious threat to the environment, but until now there has been no strong legal basis to deal with this problem. Although single-use plastics meet the criteria of excisable goods (BKC) as stipulated in Article 2 Paragraph (1) of Law No. 39 of 2007 on excise, until now it has not been regulated in excise regulations. Therefore, the imposition of excise duties is a strategic step in controlling the consumption of single-use plastics and reducing the impact of environmental pollution. This study uses normative juridical method with comparative approach to law and legislation approach. Legal material is collected through the study of literature and internet sources, then analyzed by prescriptive techniques as well as through systematic interpretation. The results show that the urgency of regulating excise duty for single-use plastics can be viewed from a philosophical, juridical, and sociological perspective. This regulation is in line with the values of Pancasila, the existing legal framework, and efforts to overcome environmental pollution in Indonesia. A comparative analysis of excise policy in Ireland and Denmark provides insight into applicable regulatory models. As a recommendation, This study proposes a draft clause in the excise law to support the expansion of the types of excisable goods, which is currently still under discussion.
Analysis of the Constitutional Court Decision on Election Campaigns at Educational Institutions from the Perspective of the Purpose of Law Radjak, Sarmila; I. Rahim, Erman; Ahmad, Ahmad
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.v7i3.34243

Abstract

The conduct of elections in Indonesia as a manifestation of people's sovereignty requires guarantees of justice, legal certainty, and the neutrality of public institutions. The Constitutional Court Decision Number 65/PUU-XXI/2023, which permits election campaigns at educational institutions under certain conditions such as obtaining permission and appearing without campaign attributes has sparked significant debate. This study aims to analyze the court's legal considerations in this decision and evaluate it from the perspective of Gustav Radbruch’s theory of the purpose of law, which encompasses justice, legal certainty, and utility. The research employs a normative juridical method, utilizing statutory and conceptual approaches to analyze the Constitutional Court’s decision, the Election Law, and its implementing regulations. The findings indicate that the decision has established legal certainty by resolving the ambiguity and contradiction between the main provision and the explanatory note of Article 280 paragraph (1) letter h of Law Number 7 of 2017. It also generates societal benefit by opening political education opportunities for young voters, in line with Article 267 paragraph (1) of the Election Law. However, from the standpoint of substantive justice, the ruling risks creating unequal access for legislative candidates with only secondary education and may compromise the neutrality of educational institutions and civil servants. Therefore, while the decision achieves legal certainty and utility, it falls short in fully realizing substantive justice. Strict supervision and further regulatory refinement are needed to safeguard the integrity of democracy
Mitigating Discrimination and Privacy Threats in Algorithmic Pricing through Personal Data Protection Law in Indonesia Aprilinda, Dias Rizki
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.v7i3.32879

Abstract

This research is motivated by the legal ambiguity in Article 34 paragraph (2) letter (a) of Law Number 27 Year 2022 on Personal Data Protection (PDP Law), especially related to the lack of clarity in interpreting the element “automatically” stipulated in the article towards algorithmic pricing. Basically, the article has an important role in preventing problems arising from algorithmic pricing in the form of privacy threats and price discrimination. The purpose of this research is to analyze whether the characteristics of algorithmic pricing can be categorized as an automatic decision under PDP Law and to analyze the recommendation of the appropriate regulatory substance related to automatic decisions in PDP Law against algorithmic pricing. The research method used is juridical-normative by using legislative approach and comparative approach. The result of this study found that algorithmic pricing cannot be categorized as an automatic decision under PDP Law. Therefore, Indonesia can establish an automated decision guideline issued by the Ministry of Digital and Information by referring to the Guidelines on Automated Individual Decision-Making and Profiling for the Purposes of Regulation 2016/679 issued by the Article 29 Working Party in the European Union.
Law Enforcement Efforts for Illegal Electronic Cigarette Distribution without Excise Tax Idham, Gilang Pradana
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.v7i3.20706

Abstract

The purpose of this study is to find out how law enforcement efforts are made against the circulation of illegal electric cigarettes without excise. The research method used is empirical normative namely legal research regarding the enactment of normative legal provisions (codifications, laws or contracts) in action in every particular legal event that occurs in society. Especially on the performance of the Gorontalo customs officers in order to minimize the circulation of illegal e-liquid cigarettes without excise. The results of this study are the lack of supervision of the distribution of illegal e-cigarette tobacco excise products and the absence of direct supervision of sellers who are suspected of being the center of illegal liquid circulation, besides that customs need to socialize the circulation of excise-free e-cigarettes to the public in general either through mass media and other information media so that the public knows that this type of liquid is categorized as illegal goods which are prohibited from being distributed freely.
The effectiveness of special development institutions for child perpetrators of immoral crimes Syahputra, Aryo
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.v7i3.18287

Abstract

This study aims to find out what factors are behind children becoming perpetrators of immoral crimes and what is the pattern of special child development institutions that commit immoral crimes in Gorontalo. The type of research used is the Emperis type of research with a Case approach. The results of this study show that the factors that cause children to be involved in becoming perpetrators of asusisla crimes are: (1) Factors of lack of education from parents, (2) Factors of perpetrators who have sexual disorders and minors who are already dating people who are much more mature, (3) economic factors, (4) educational factors, (5) environmental factors. Effectiveness of the Pattern of Special Development Institutions for Children Who Commit Immoral Crimes in Gorontalo using the System: (1) Inputs, (2) Processes, 

Page 36 of 36 | Total Record : 358

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