Estudiante Law Journal
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.
Articles
382 Documents
<![CDATA[Analysis of Decisions Granting Child Custody to the Biological Father ]]>
<![CDATA[Syahrial Nugraha Rahman]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.20712
<![CDATA[Article 105 of the Compilation of Islamic Law provides that custody of a child who is not yet mumayyiz belongs to the mother, yet in Decision Number 470/Pdt.G/2022/PA.Gtlo the Gorontalo Religious Court awarded custody to the biological father. This article examines the legal basis on which child custody is determined and the considerations that led the court to depart from Article 105. The study uses normative legal research drawing on statutory provisions, the court decision and secondary legal materials, supported by information from the court registrar. It finds that the mother’s priority in hadhanah is not absolute: where the mother is shown to be unfit, custody passes to the nearest relative who satisfies the requirements under Article 156 of the Compilation of Islamic Law, and a child who is mumayyiz may choose between the parents, subject to the chosen parent’s capacity to guarantee the child’s physical and spiritual welfare. Islamic law, the Compilation of Islamic Law, the Marriage Law and the Child Protection Law converge on the best interests of the child, which justified the court’s contra legem reasoning in this case.]]>
<![CDATA[Legal Review of Donation-Based Crowdfunding Arrangements in Indonesia ]]>
<![CDATA[Wandi Laiya]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.18159
<![CDATA[Online fundraising through donation-based crowdfunding has grown rapidly in Indonesia, but the misappropriation of donations by the Aksi Cepat Tanggap foundation exposed the weakness of the governing rules. This article examines the legal arrangements for the donation-based crowdfunding system under Indonesian positive law and the legal responsibility of online fundraisers operating that system. The study uses normative legal research with a statutory approach; legal materials were collected through documentary study of legislation, journals and books and were analysed qualitatively. The study finds that Indonesia already has regulatory instruments for the collection of donations, namely Law Number 9 of 1961, Government Regulation Number 29 of 1980 and Regulation of the Minister of Social Affairs Number 11 of 2015, but that these instruments regulate licensing and administration only and do not fully guarantee legal protection for donors, because the form and mechanism of enforcement against the suspected misuse of donated funds remain unclear. Legal responsibility currently extends no further than the obligation of foundations to submit audited annual financial statements.]]>
<![CDATA[Unraveling the Issue of Divorce Mediation in the Gorontalo Religious Court ]]>
<![CDATA[Adriani B. Halid]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.18154
<![CDATA[Mediation is mandatory in every civil case examined by an Indonesian court under Supreme Court Regulation (PERMA) Number 1 of 2016, yet divorce cases at the Gorontalo Religious Court Class I A continue to be resolved almost entirely by adjudication rather than by settlement. This article examines the effectiveness of mediation in resolving divorce cases at that court and identifies the factors causing the high rate of mediation failure. The study applies empirical normative legal research, combining statutory and conceptual analysis with field data obtained through interviews with the vice chief judge, mediator judges, the court registrar and former mediation participants, direct observation of divorce hearings, and documentary study of the court’s mediation reports for 2018 to 2022. The data are analysed descriptively and assessed against Soerjono Soekanto’s theory of legal effectiveness. The study finds that mediation is procedurally effective because it is conducted in conformity with PERMA Number 1 of 2016, but ineffective in outcome, since only 45 of 670 mediated divorce cases were settled. Four of Soekanto’s five elements are not satisfied. Failure is driven mainly by the parties’ entrenched intention to divorce, absence of good faith, limited mediator capacity, a single mediation room, and family influence.]]>
<![CDATA[The Problem of Uncertified Waqf Land in Gorontalo City ]]>
<![CDATA[Muh Rezqy Musa]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.26510
<![CDATA[Law Number 41 of 2004 on Waqf and Government Regulation Number 42 of 2006 require waqf land to be registered and certified, yet a substantial part of the waqf land in Gorontalo City, including land on which mosques stand, remains uncertified. This article identifies the factors that inhibit the protection of rights over uncertified waqf land in Gorontalo City. The study uses empirical legal research with a qualitative approach; data were obtained through interviews, observation and documentary study, and were analysed descriptively. Three inhibiting factors are identified. First, limited public understanding and awareness, so that land is given in waqf without the proper legal procedures of registration and certification. Second, the complexity of the administrative and legalisation procedures, compounded by cumbersome bureaucracy and the absence of technical support, which leaves nazhirs unable to satisfy the administrative requirements. Third, the weak protection afforded to rights over uncertified waqf land, which leaves such land poorly managed and prevents its social and religious]]>
<![CDATA[Factors Underlying Marijuana Use: A Case Study of a Criminal Court Decision ]]>
<![CDATA[Shidqi Rivandra]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.26401
<![CDATA[Law Number 35 of 2009 on Narcotics classifies marijuana as a Class I narcotic and prohibits its use absolutely, including for medical purposes, even though the United Nations Commission on Narcotic Drugs removed cannabis from Schedule IV of the 1961 Single Convention in 2020 and research increasingly recognises its therapeutic value. This article examines the factors underlying marijuana use in Decision Number 830/Pid.Sus/2020/PN Kpg and asks whether the absolute prohibition of Class I narcotics in Indonesia remains proportionate. The study uses normative legal research with statutory and case approaches; the court decision and the relevant legislation are analysed descriptively together with secondary legal materials. The study finds that the defendant’s use of marijuana was motivated by therapeutic rather than recreational purposes, yet the classification of marijuana as a Class I narcotic left the court no room to take that motive into account. The article argues for a more proportionate and evidence-based narcotics policy that permits scientific research and controlled medical use while retaining strict safeguards against abuse and illicit distribution]]>
<![CDATA[Causes of the Non-fulfilment of Article 1 of the Marriage Law in Underage Marriage ]]>
<![CDATA[Ferawati Lasimpala]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.18444
<![CDATA[Article 1 of Law Number 1 of 1974 on Marriage defines marriage as a physical and spiritual bond intended to form a happy and lasting family, yet underage marriages in Batudaa District frequently end in divorce. This article identifies the factors that cause the purpose set out in Article 1 not to be attained in underage marriages. The study uses normative-empirical legal research with statutory and case approaches; secondary legal materials are combined with field data obtained from parties to underage marriages, and the materials are analysed deductively. The study finds that the purpose of marriage under Article 1 has not been realised in Batudaa District because of three recurring factors: poor communication between spouses, the failure of husband and wife to discharge their respective rights and obligations, and interference by parents or parents-in-law. These factors are aggravated by the emotional immaturity of spouses who married below the minimum age set by Law Number 16 of 2019, which indicates that the raising of the marriageable age must be accompanied by pre-marital guidance if the objective of Article 1 is to be met.]]>
<![CDATA[Soaring Marriage Dispensation Due to Changes in the Marriage Age Limit ]]>
<![CDATA[Wahyuni Kiayi]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.18262
<![CDATA[Law Number 16 of 2019 raised the minimum age of marriage for women from sixteen to nineteen years, and the number of applications for marriage dispensation rose sharply thereafter. This article examines the effect of that change on applications for marriage dispensation and identifies the factors supporting the increase. The study uses empirical legal research with a descriptive qualitative approach; the population comprises all marriage dispensation applications filed between 2019 and 2021 in Bone Bolango Regency, within the jurisdiction of the Suwawa Religious Court, and the sample consists of three judges, one registrar, three substitute registrars and ten applicants. The study finds that raising the minimum age has significantly increased the number of dispensation applications, driven by the rise in the statutory age threshold itself, by public ignorance of the amendment, and by inadequate socialisation of the new rule by the authorities. Three further factors support the increase: pre-marital pregnancy, the effects of the Covid-19 pandemic, and parental anxiety about promiscuity.]]>
<![CDATA[Law Enforcement against the Destruction of the Tanjung Panjang Nature Reserve in Randangan District ]]>
<![CDATA[Ridwan Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.20727
<![CDATA[Article 19 of Law Number 5 of 1990 on the Conservation of Living Natural Resources and Their Ecosystems prohibits any activity that alters the integrity of a nature reserve, and Article 40 paragraph (1) attaches a maximum penalty of ten years’ imprisonment and a fine of IDR 200,000,000. Nevertheless, 93.31 per cent of the Tanjung Panjang Nature Reserve in Randangan District, Pohuwato Regency, has been cleared for fish ponds. This article examines how the law is enforced against the destruction of that reserve and identifies the factors that inhibit enforcement. The study uses empirical legal research; primary data were obtained through observation, interviews at the Pohuwato Resort Police and documentary study, supported by secondary legal materials. The study finds that enforcement is pursued preventively, through outreach and education for the surrounding community, and repressively, through criminal process. Enforcement is inhibited by difficulties in gathering evidence and completing case documents, difficulty in securing expert testimony, the absence of the alleged perpetrators from the site, and weak coordination between law enforcement agencies and the institutions concerned.]]>
<![CDATA[Legal Protection of Performing Rights Royalties for Commercial Music Concerts in Gorontalo City ]]>
<![CDATA[Mohamad Ma'rif Yahya]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.20719
<![CDATA[Article 9 paragraph (2) of Law Number 28 of 2014 on Copyright requires any person exercising the economic rights in a musical work to obtain the author’s permission, and Article 87 assigns the collection of royalties to collective management organisations. In Gorontalo City, however, music concerts organised commercially rarely generate any royalty payment. This article examines the regulation and the practical collection of performing rights royalties for music at commercial concerts in Gorontalo City, and the efforts made to overcome the obstacles to that collection. The study uses empirical legal research; primary data were obtained through interviews with event organisers together with observation and documentary study, and were analysed descriptively using a qualitative approach. The study finds that legal protection for performing rights royalties has not been realised in accordance with the Copyright Law, principally because users are unaware of their royalty obligations and because no collective management organisation operates in Gorontalo. The obstacles can be addressed by systematic socialisation and by establishing a branch office of a collective management organisation in the region.]]>
<![CDATA[Limitations of Police Discretion in the Settlement of Domestic Violence Cases ]]>
<![CDATA[Rivaldi Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v8i1.20714
<![CDATA[Police discretion is an accepted instrument of criminal law enforcement in Indonesia, but its use in domestic violence cases is contested because informal settlement may expose the victim to further harm. This article identifies and analyses the use and application of police discretion in the settlement of domestic violence offences and the limits to which that discretion should be subject. The study is normative legal research using statutory and case approaches, drawing on the Criminal Procedure Code, Law Number 2 of 2002 on the Indonesian National Police and Law Number 23 of 2004 on the Elimination of Domestic Violence. The study finds that police discretion has a clear legal basis and is exercised on the principles of necessity, the interests of duty, purpose and proportionality, and that it is limited generally by the public interest, by the circumstances of necessity, and by legislation and codes of ethics. For domestic violence, the article argues that the limits of discretion require explicit legal determination: because the offence is a complaint offence, discretion must be victim-oriented, and victims should be kept away from informal peace settlements that allow the violence to recur.]]>
