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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 382 Documents
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Obstacles to the Protection of Child Victims of Sexual Violence in Bone Bolango Sri Novita A. Gobel
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.v8i1.18278

Abstract

Article 59 paragraph (1) of Law Number 35 of 2014 on Child Protection obliges the government and regional governments to provide special protection to children, and Article 89 of Law Number 11 of 2012 on the Juvenile Criminal Justice System entitles child victims to all statutory protections. In Bone Bolango, however, child victims of sexual violence frequently do not receive the psychosocial assistance to which they are entitled. This article analyses the factors that inhibit the provision of protection for the rights of child victims of paedophilia in the Bone Bolango region. The study uses empirical legal research; data were obtained through interviews with officers of the Office for the Empowerment of Women and Child Protection and the integrated service centre, together with documentary study, and were analysed descriptively. The study finds that protection has not been provided optimally because of internal factors, notably the absence of a resident psychologist and of a dedicated counselling room for children, and external factors, in particular the refusal of some families to accept psychosocial assistance because of the shame attached to what has happened to the child.
Criminal Sanctions for Perpetrators of Motor Vehicle Theft Accompanied by Threats of Violence Moh Agung S. Moo
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.v8i1.18275

Abstract

Theft of motor vehicles accompanied by threats of violence remains frequent in the jurisdiction of the Gorontalo Regional Police, yet the sanctions actually imposed are often far below the statutory maximum. This article examines the criminal sanctions applicable to perpetrators of motor vehicle theft accompanied by threats of violence and analyses their application in Limboto District Court Decision Number 107/Pid.B/2020/PN Lbo. The study uses normative-empirical legal research with statutory and case approaches, and the legal materials are analysed descriptively. The study finds that such conduct may be punished under Article 368 and Article 363 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. In the decision examined, the court found the five defendants legally and convincingly guilty of extortion by force or threat of violence and sentenced each of them to eight months’ imprisonment, less time already served in arrest and detention. The sentence is considerably lighter than the statutory maximum, which raises the question whether the punishment imposed adequately reflects the suffering of the victim and the deterrent purpose of the offence.
Implementation of the Law on the Fulfilment of the Rights of Adopted Children after Court Determination Fairah Sahrain
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.v8i1.18261

Abstract

Indonesian law requires that the adoption of a child be confirmed by a court determination, and Article 1 number 9 of Law Number 35 of 2014 amending Law Number 23 of 2002 on Child Protection transfers the full responsibility for the child’s care, education and upbringing to the adoptive parents. This article examines the legal regulation of the fulfilment of the rights of adopted children and the implementation of those rights after a court determination has been issued. The study uses empirical legal research with a qualitative approach; data were collected through observation, interviews with the chair, a judge and the registrar of the Limboto Religious Court and with five adoptive parents, and through documentary study. The study finds that adoption through the court secures legal certainty, legal justice and legal documentation, and that it transfers responsibility for maintenance, education and welfare to the adoptive parents in full. In four of the five cases examined the rights of the adopted child were fulfilled, but in one case the child’s right to direct care and affection was not fulfilled after the adoptive parents had a biological child, which is inconsistent with the Child Protection Law.
Deliberation as an Alternative for Resolving Land Disputes in Telaga District, Gorontalo Regency Melysa Wahab Kilo; Mutia Cherawaty Thalib; Nurul Fazri Elfikri
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.36464

Abstract

This study examines deliberation as an alternative mechanism for resolving land disputes in Telaga District, Gorontalo Regency. Using empirical legal research, it draws on interviews with village officials in eight villages and district records of 18 land dispute cases from 2021 to 2023. The findings show that deliberation remains an initial and widely accepted means of settlement, with 11 of the 18 recorded cases resolved through the process. Its continued use is supported by family values, local customs, and the community’s preference for an accessible and less formal process. However, procedures, administrative practices, and outcomes differ among villages, creating unevenness in implementation and legal certainty. The study argues that a district-level regulatory framework is needed to establish minimum procedural and administrative standards, including documentation and follow-up, while preserving the local character of deliberation. Strengthening village capacity and clearer procedural guidance can improve accountability and sustainable dispute resolution.
Enforcing Environmental Law Against Ecosystem Degradation in the Kasintuwu Protected Forest, Luwu Timur Achdiat Mubaraq; Laola Subair; Salmi Salmi
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.34006

Abstract

Indonesia governs its protected forests through a dense body of legislation, yet ecosystem degradation caused by illegal logging continues largely unchecked. This article asks why environmental law enforcement fails in the Kasintuwu Protected Forest, Mangkutana District, Luwu Timur Regency, South Sulawesi. Applying an empirical legal method, it combines interviews at four institutions, examination of their case registers, and statutory analysis, in order to trace where forestry cases are lost along the enforcement chain. Between 2017 and 2023 residents lodged ninety-four reports of illegal logging, while only ten case files reached the public prosecutor and nine cases were registered at the district court, and enforcement clustered almost entirely in a single year. Three obstacles explain this attrition: evidentiary difficulty produced by imprecise forest-boundary designation and overlapping licensing; institutional incapacity, with three forest rangers responsible for 163,283.30 hectares; and alleged informal levies that terminate reports before investigation. The article argues that the enforcement deficit is structural rather than normative, and recommends boundary re-demarcation with legal certainty, a minimum ranger-to-area ratio, independent oversight of pre-investigation screening, and community-based conservation incentives
Judicial Disparity in Indonesian Polygamy Permits: Misapplication of Al-Shatibi’s Maqāṣid al-Sharīʿah and Legal Certainty Muhammad Farrel Irawan; Siti Rohmah; Fitri Hidayat
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.34586

Abstract

This study examines judicial disparity in applications for polygamy permits before the Indonesian Religious Courts using Al-Shatibi’s framework of Maqāṣid al-Sharīʿah. Addressing the tension between judicial discretion and statutory norms, the article analyses Decision Number 1286/Pdt.G/2014/PA.Mlg, which granted permission despite non-fulfilment of the alternative requirements, and Decision Number 1332/Pdt.G/2025/PA.Pwd, which rejected the application on a strict reading of Article 4 paragraph (2) of Law Number 1 of 1974. The study uses normative legal research with statutory, case and conceptual approaches. It finds that the disparity stems from divergent interpretative methods: the Malang decision employed a subjective-teleological interpretation that misapplied the maxim darʿ al-mafāsid, whereas the Purwodadi decision adhered to a formalist-grammatical interpretation. Viewed through Al-Shatibi’s hierarchy, the grounds advanced in both cases, namely the desire for more offspring and a high sexual drive, fall squarely within taḥsīniyyah, the level of complementary or embellishing needs. Overriding mandatory statutory provisions for taḥsīniyyah motives undermines legal certainty and judicial predictability. The article proposes methodological parameters for Islamic judicial discretion in order to prevent judicial overreach.
Constitutional Engineering and Transitional Design Following Constitutional Court Decision Number 135/PUU-XXII/2024 Rifqi Qonita Hulwana; Muhammad Riyadi
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.40728

Abstract

This study examines the constitutional implications of Constitutional Court Decision Number 135/PUU-XXII/2024 for the transitional design of local elections in Indonesia. The Decision separates national elections from local elections by approximately 2–2.5 years, creating a temporal mismatch between the expiration of existing regional mandates and the implementation of the new local electoral cycle. This transition raises a constitutional dilemma between continuity of government and periodic democratic authorization, particularly for Regional People’s Representative Councils (DPRD) and regional heads. Using doctrinal legal research with statutory and conceptual approaches, this study evaluates competing transitional models through periodic democratic authorization, continuity of constitutional government, legal certainty, proportionality, regional autonomy, and temporariness. The study proposes a differentiated transitional design: a temporary DPRD arrangement preserving the representative composition produced by the 2024 election, and interim elections for regional heads to restore direct democratic authorization while protecting regional autonomy. The proposed design requires explicit legislative provisions, limited transitional authority, institutional safeguards, dispute-resolution mechanisms, and a clear sunset clause to prevent exceptional arrangements from becoming permanent electoral mechanisms.
Analysis of the Impact of Property and Land Tax Abolition on Regional Revenue in Indonesia Aditiya Aditiya; Ahmad Ahmad
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.32925

Abstract

Proposals to abolish the Rural and Urban Land and Building Tax (Pajak Bumi dan Bangunan Perdesaan dan Perkotaan or PBB-P2) have entered Indonesian fiscal debate as a measure of tax relief, yet their legal consequences for regional own-source revenue (Pendapatan Asli Daerah or PAD) remain largely unexamined. Existing scholarship documents PBB-P2 collection performance and its contribution to PAD, but does not address what legal instruments abolition would require or how the forgone revenue could be replaced. This study asks three questions: what constitutional and statutory position PBB-P2 occupies within the regional fiscal framework; what legal consequences abolition would produce for regional autonomy and public service obligations; and what instruments could compensate for the loss. Using doctrinal legal research with statutory and conceptual approaches, the study analyses Article 23A and Article 18A(2) of the 1945 Constitution, Law No. 1 of 2022 on Financial Relations between Central and Regional Government, and the regional financial management framework. It argues that abolition would require statutory amendment rather than administrative action, would narrow the constitutional commitment to fiscal decentralisation, and would displace a statutory relief mechanism already available. Targeted exemption is proposed as the proportionate alternative.
Criminal Law Protection for Victims of Physical Dating Violence in Gorontalo Province Yusrianto Kadir; Sunarti S. Tabi
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.41009

Abstract

Victims of physical violence in dating relationships fall into a protection gap in Indonesian criminal law because the Elimination of Domestic Violence Law is limited to household relations, the Sexual Violence Crimes Law requires a sexual element, and Article 466 of the 2023 Criminal Code treats assault without regard to intimate relational context. This socio-legal study examines how protection operates in Gorontalo Province and identifies the normative and institutional weaknesses that impede victim recovery. It combines fourteen legal instruments and five court decisions with ten interviews, an eight-participant focus group, and observation at four institutions, analysed through the Miles–Huberman–Saldaña model and triangulation. Dating violence proves statistically invisible in registration systems, procedures are standardised but not differentiated for intimate-partner harm, and approximately 60–70 per cent of cases are resolved informally without risk assessment, independent accompaniment, enforceable agreements, or monitoring. Normatively, Article 470 of Law Number 1 of 2023 narrows relational aggravation, while Article 82 of Law Number 20 of 2025 leaves restorative-justice screening for power imbalance under-specified at the stages where most cases are resolved. The article sets out a victim-centred design reconciling restorative justice with victim safety through relational aggravation, coercive-control screening, enforceable recovery agreements, and post-case monitoring.
Beyond the Principle of Legality: Integrating Indigenous Legal Values into the Modern Criminal Justice System Julisa Aprilia Kaluku; Mohammad Fadli
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.40615

Abstract

The principle of legality constitutes a foundation of modern criminal law by ensuring legal certainty, constraining state power, and protecting individuals from arbitrary criminalization and punishment. Nevertheless, its rigidly formalistic application often reduces law to written legislation and overlooks customary norms that remain recognized and operational within plural communities. Customary law, however, embodies restorative values, including deliberation, reparation, reconciliation, social responsibility, and offender reintegration. This study examines how customary legal values may be incorporated into the criminal justice system through a reconstruction of the principle of legality without undermining legal certainty, human rights protection, fair-trial guarantees, or state responsibility for criminal law enforcement. It employs normative legal research supported by statutory, conceptual, comparative, and socio-legal approaches. The legal materials comprise constitutions, legislation, judicial decisions, human rights instruments, policy documents, and scholarly literature on legal pluralism, restorative justice, and legal decolonization. These materials are qualitatively examined through systematic, historical, teleological, and constitutional interpretation. The findings demonstrate that customary law should not be incorporated through the automatic recognition of all traditional norms. Instead, its integration must be subject to a meaningfulness test assessing social legitimacy, normative clarity, restorative orientation, participatory procedures, protection of vulnerable groups, proportionality, accountability, and conformity with constitutional and human rights standards. Norms satisfying these criteria may be incorporated through a multilayered model encompassing substantive, procedural, institutional, and supervisory dimensions. This study concludes that reconstructing legality does not entail abandoning it, but rather developing an inclusive conception that reconciles legal certainty, legal pluralism, restorative justice, and human rights protection.

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