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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 373 Documents
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Analysis of Decisions on Cases Granting Child Custody to Biological Fathers Syahrial Nugraha Rahman
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.20712

Abstract

The purpose of this research is to find out how to review the determination of child custody based on laws and regulations. The type of research used in this study is normative legal research, namely a type of legal research obtained from literature studies, by analyzing a legal issue through statutory regulations, court decisions, research on literature and other reference materials related to Revocation of child custody as stated in decision No. 470/Pdt.G/2022/PA.Gtlo. The results of this study indicate the Islamic concept of child custody known as hadanah, the criteria for divorce, explicitly it is the mother who is given the right to care for the child according to the rules, that the child is not yet mumayyiz and if the mother does not meet the requirements as the holder of custody, then the right foster care is transferred to the closest relative who fulfills the requirements, as required by article 156 of the Compilation of Islamic Law (KHI). As for custody of children who are mumayyiz, they are given the option to choose between the father or the mother. However, the option right is not absolute. This means that the child's choice can be granted as long as the person chosen has the ability to guarantee the physical and spiritual safety of the child he is caring for. Between Islamic law, the Compilation of Islamic Law (KHI), Law No. 1 of 1974 concerning marriage, international conventions and several laws, there is a similarity of view between the principle of the best interests of children which is based more on considerations of benefit. Juridically, if there is a dispute regarding child custody for those who have not mumayyiz, then the court will decide based on the interests of the child.
Legal Review of donation-based crowdfunding system arrangements in Indonesia Wandi Laiya
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18159

Abstract

This article aims to find out how the legal review of the regulation of the donation-based crowdfunding system in Indonesia and find out how the legal responsibility of online fundraisers to the donation-based crowdfunding system in Indonesia. This research uses normative methods, and data sources are obtained from primary and secondary data, primary data consists of laws and regulations, and official records.  Dor secondary i.e. books, journals, and other relevant sources.  The results obtained from this study are that Indonesia already has regulatory instruments for donation collection activities, but has not fully guaranteed legal protection for donors considering that there are still unclear rules regarding the form and mechanism of enforcement against alleged misuse of donation funds. In addition, legal responsibility for the online donation-based crowdfunding system according to positive law in Indonesia has been in the form of accountability arrangements for platform operators, or fundraising in the form of annual financial statements by foundations to be audited by public accountants
Unraveling the Issue of Divorce Mediation in the Gorontalo Religious Court Adriani B. Halid
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18154

Abstract

The purpose of this author is to find out How Divorce In Gorontalo Religious Court is In Mediation Of Case Settlement.  The type of writing used is the author of an Empirical Normative.  Data collection techniques are carried out using interviews, observation, and literary techniques. Then the data is analyzed descriptively or provides an overview or exposure to the subject and object of the author as the result of the author’s done. The results of this author show that the effectiveness of mediation in resolving divorce cases in the Gorontalo class IA religious court has not been fully said to be effective, due to its legal factors, law enforcement factors, facilities and facilities factors, community factors, and cultural factors. Therefore, it can be concluded that the process of implementing mediation can be said to be effective while the results of the mediation carried out have not been effective. Then the factors that cause the many failures of mediation carried out by the Gorontalo Religious Court, namely factors in divorce cases, factors from litigants, factors from mediators, factors where mediation is carried out, and environmental factors.
The Problem of Uncertified Waqf Land in Gorontalo City Muh Rezqy Musa
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.26510

Abstract

This research aims to determine the factors that cause waqf land to be uncertified in Gorontalo City. The research method used is empirical with a qualitative approach and then the data will be analyzed descriptively. The results of this research show that the factors inhibiting the protection of uncertified waqf land rights are: first, lack of public understanding and awareness which results in waqf land being given without going through proper legal procedures, such as obtaining certificates and official registration. Second, the complexity of administrative and legalization procedures resulting from complicated bureaucracy and lack of technical support from the government are additional factors that make it difficult to process waqf land certificates. Convoluted processes and lack of access to technical assistance mean that Nazirs often have difficulty understanding the necessary administrative requirements. Third, the limited protection of waqf land rights means that waqf land often remains uncertified and not managed well, causing the potential social and religious benefits of waqf to not be felt optimally by the community.
Factors Underlying Marijuana Use: A Case Study of a Criminal Court Decision Shidqi Rivandra
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.26401

Abstract

Technological and societal developments have generated significant benefits for modern society; however, they have also contributed to increasingly complex forms of criminal activity, including narcotics-related offenses. In Indonesia, the development and circulation of narcotics have been influenced by technological advancement, which has facilitated new methods of communication, distribution, and illicit transactions. The growing prevalence of narcotics abuse, as reflected in numerous cases investigated and prosecuted by law enforcement authorities, has become a serious concern due to its implications for public health, social order, and criminal justice. Narcotics and other addictive substances constitute not merely a domestic problem but also a transnational challenge, particularly because their production, distribution, and consumption frequently involve networks operating across national borders. In response, states have adopted various measures to prevent and combat the illicit trafficking and abuse of narcotics through international and regional cooperation, as well as through the enactment of specific domestic legislation. Nevertheless, the strict prohibition of certain narcotics also raises legal concerns when substances classified as prohibited narcotics possess potential therapeutic benefits. This article examines the regulation of Class I narcotics in Indonesia, particularly marijuana, in relation to their potential use for medical purposes. By examining the existing legal framework and developments concerning the therapeutic use of cannabis, this article argues for a more proportional and evidence-based approach to narcotics policy. In particular, it emphasizes the importance of scientific research and regulatory reform to accommodate the controlled medical use of certain narcotic substances while maintaining strict safeguards against abuse and illicit distribution
Causes of Non-fulfillment of Article 1 of the Underage Marriage Law Ferawati Lasimpala
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18444

Abstract

The purpose of this research is to find out and analyze the factors causing the non-fulfillment of Article 1 of the Marriage Law on underage marriages. Types of normative-empirical legal research. Normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavior products. The type of data used in this research is secondary data but does not rule out the possibility of conducting field research by examining primary data. The position of Article 1 of Law Number 1 Year 1974 Concerning Marriage in Batudaa District, namely, the purpose of marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming an eternally happy family (household) based on Belief in Almighty God. It has not materialized properly due to household problems that ended in divorce, while household problems can be underlined as; 1, poor communication relations, 2, unfavorable rights and obligations of husband and wife, 3, interference from parents or in-laws.
Soaring Marriage Dispensation Due To Changes In Marriage Age Limit Wahyuni Kiayi
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18262

Abstract

The purpose of this paper is to find out the effect of the soaring marriage dispensation after the change in the marriage age limit after Law No. 16 the Year 2019, as well as what are the other factors of the supporter of the soaring application for marriage dispensation after the   Act said.  This author uses an empirical type of writing.  The results of the authors show that the revision of Act Number 1 of 1974 to Act Number 16 Of 2019 Marriage changing the minimum   age limit for marriage greatly affects the application for marriage dispensation, namely the increase in cases of marriage dispensation due to changes in the marriage age limit. The influence of Acthe t resulted in a significant increase in the number of cases due to the influence of an increase in the age rate, ignorance and lack of public knowledge,s well as a lack of socialization from the authorities to the change. As for the supporting factors for the increase in marriage compensation,  name the injury factor,   The outbreak of the Covid-19 pandemic and parents' concerns about pr, promiscuity, and promiscuity.
Law Enforcement of the Destruction of the Tanjung Panjang Nature Reserve Area in Randangan District Ridwan Harun
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.20727

Abstract

This research aims to find outhow to enforce the law against the criminal act of destroying the Tanjung Panjang nature reserve area in Randangan District, and identify what factors hinder law enforcement. This research uses the type of empirical legal research, namely the type of research that wants to see how the application of law in society through the polarization of attitudes and actions. The data sources used are primary data sources consisting of observations and interviews as well as documentation, and secondary data which are supporting data in this study. The results of the study show that law enforcement is pursued through preventive measures in the form of outreach and education to the community around the area.Then there are also repressive efforts by taking legal channels.Obstacle factorThe problems faced by the Pohuwato Police are the process of proving or completing documents, difficulties in presenting or providing expert testimony, the alleged perpetrators are no longer in the location, and weak coordination between law enforcement officials and related institutions.
How Is The Legal Protection Against Royalty Of Performing Rights Of Music Or Song For Commercial Interests In Music Concerts In The City Of Gorontalo Mohamad Ma'rif Yahya
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.20719

Abstract

The purpose of this research is to find out how the arrangement and implementation of the collection of music or song performing rights royalties at music concerts in the City of Gorontalo. Knowing how to overcome obstacles in collecting Royalty Performing Right music or songs at Music Concerts in the City of Gorontalo.  The type of research used in this research is empirical research, using data types consisting of primary data and secondary data. Data collection techniques are also carried out using interview, documentation and observation techniques. Then the data were analyzed descriptively using a qualitative approach. Legal Protection for Music or Song Royalties for Commercial Interests in Music Concerts in the Gorontalo Region has not been properly realized in accordance with Copyright Law No. 28 of 2014. This can be seen from statements or statements from several resource persons (Event Organizers) in Gorontalo. Where there is still a lack of knowledge of the public or users of music or songs commercially regarding the payment of Royalty Performing Right. This is due to the absence of a Collective Management Institution operating in the Gorontalo area and efforts to overcome obstacles in collecting performing rights royalties for music or songs for commercial purposes at music concerts in the Gorontalo City area, namely by increasing public awareness of royalties through socialization by collective management institutions, as well as establish a branch office of the Collective Management Institution in the Gorontalo Region so as to facilitate the collection and distribution of royalties to Creators.
Limitations of Police Discretion In the Settlement of Criminal Cases of Domestic Violence Rivaldi Abdullah
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.20714

Abstract

This study aims to identify and analyze the Use and Application of Police Discretion in Settlement of Domestic Violence Crimes. Then as one of the efforts to initiate legal determination related to these discretionary limits. This research is classified as normative research with a statute approach and case approach . The results of the study show that the application of police discretion has legality or legal basis according to the Criminal Procedure Code and Law Number 2 of 2002 concerning the Police of the Republic of Indonesia, and is used based on the principles of necessity, duty interests, objectives, and balance. Police discretion is generally limited by the public interest, necessary circumstances, and by laws and codes of ethics. For the settlement of domestic violence crimes, police discretion must be given legal determination regarding the limits, that as a crime the complaint must be victim-oriented, and victims of domestic violence cases must be kept away from so-called peaceful efforts so that the case does not recur.

Page 37 of 38 | Total Record : 373

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