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
358 Documents
<![CDATA[Effectiveness of Forms of Legal Protection for Journalists in carrying out their journalistic duties ]]>
<![CDATA[Syahril Abdullah]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (474.397 KB)
|
DOI: 10.33756/eslaj.v1i3.13322
<![CDATA[The series of cases that attack journalists in carrying out their duties shows that the journalist profession is vulnerable to actions that will harm and threaten the life of every journalist in carrying out their journalistic duties. Protection measures for every citizen are the responsibility of the state. Once the importance of the benefits that will be felt by the public from the work of journalists is inversely proportional to efforts to protect journalists. Based on this, the purpose of this study is to examine the forms of legal protection and the inhibiting factors in protecting journalists who are carrying out their duties. This study examines the subject matter in a juridical-empirical way using a legal approach and a sociological approach by conducting direct interviews with parties related to the subject matter. The results of the research authors obtain answers to existing problems, that the forms of protection that are carried out are utilizing regulatory protection regulated in Indonesian legislation and international agreements, as well as the forms of protection provided by professional journalists' organizations based on journalistic ethics guidelines and journalist professional organization guidelines. This form of protection is experiencing obstacles, namely obstacles in the law enforcement process against legal processes carried out against journalists, obstacles that are focused on individual journalists related to the professionalism of the press personnel, as well as obstacles experienced by professional organizations that cannot reach the increasing number of journalists. and growing in number.]]>
<![CDATA[Analysis of the Legal Power of SKPT in Land Sale and Purchase Transactions in Paleleh District, Buol Regency ]]>
<![CDATA[Moh. Yoenardi M. Basiman]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (355.43 KB)
|
DOI: 10.33756/eslaj.v5i1.19802
<![CDATA[The purpose of this research is to find out the legal force of SKPT in land sale and purchase transactions in Paleleh District, Buol Regency. The research method used is empirical research, namely the author will seek and find information which will later be used as the substance of this research by means of observation or conducting field studies in the place that is used as the object of this research. this research is carried out in a planned and systematic manner to obtain answers to problem solving related to the problems that occur, especially regarding the existence of buying and selling transactions using Land Tenure Certificate (SKPT) in Paleleh District. The results of this research on the legal force of land ownership certificates in sale and purchase transactions in Paleleh Subdistrict, where many people in Paleleh Subdistrict conduct land sale and purchase transactions using only a Land Ownership Certificate. This is due to the habits of people in rural areas who do not want to be complicated in thinking about the legal aspects of land sale and purchase transactions, for them it is enough just to provide receipts as proof that payment has been made.]]>
<![CDATA[Criminology Study of Sexual Violence in Children ]]>
<![CDATA[Khairunnisa Taha Oponu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Avelia Mantali]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (82.142 KB)
|
DOI: 10.33756/eslaj.v4i2.15955
<![CDATA[The purpose of this study is to determine the factors that cause sexual violence that occurs in children and to determine the efforts to overcome cases of sexual violence against children in Gorontalo Regency. The research method used is empirical legal research using a case approach and a conceptual approach. The results of the study found that there were five factors that caused cases of sexual violence against children in Gorontalo Regency, including: the lack of family responsibility, the lack of social control from the community, the technology factor, the alcohol factor, the lack of understanding and the inculcation of norms in the order of life. . The most dominant factors according to the percentage of cases of sexual violence against children in Gorontalo Regency are the lack of parental responsibility and technology (social media) factors. Efforts to prevent and overcome cases of sexual violence against children in Gorontalo Regency are carried out with preventive efforts, namely a form of prevention before the occurrence of cases of sexual violence against children. Preventive efforts are divided into five efforts, including: applying self-awareness, active communication with family, using technology as best as possible, choosing a good environment, socialization from related parties. The other efforts are repressive efforts, one of the forms of efforts to overcome when there have been cases of sexual violence against children. Repressive efforts are carried out by providing criminal sanctions for crimes that have been committed by the perpetrators. As well as repressive efforts to victims by providing psychological assistance and legal assistance.]]>
<![CDATA[The Implementation of Increasing Village Income Through Village-Owned Business Entities ]]>
<![CDATA[Adri Wontami]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (556.468 KB)
|
DOI: 10.33756/eslaj.v1i2.13295
<![CDATA[Abstract: The purpose of this study was to determine the increase in village income through village-owned enterprises. The research method used is a normative-empirical legal research dualism where the research uses a normative-empirical legal case study in the form of a product of legal behavior. The approach used is a juridical approach and analytical techniques using qualitative analysis methods. The results of this study indicate that Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises on increasing Village Original Income has not been effective in improving community welfare. The social benefits in implementing this program have not been felt so it is necessary to increase it.Keywords: Improvement; Income; Village Owned Enterprises]]>
<![CDATA[Differences In the Imposition of Corruption Criminal Sanctions ]]>
<![CDATA[Siti Hardiyanti Abas]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (357.123 KB)
|
DOI: 10.33756/eslaj.v4i2.18348
<![CDATA[The purpose of this study was to find out whether or not the District Court's decision in decision No. 18/Pid.Sus-TPK/2020/Pn Gto and No. 09/Pid.Sus-TPK/2021/Pn Gto and the factors behind the differences in the imposition of sanctions in the two cases. The research method is normative research. Research resultverdict no. 18/Pid.Sus-TPK/2020/Pn Gto the three pieces of evidence which were one of the judge's considerations in imposing a sentence on the defendant. The fact of the trial was that the defendant had been legally proven to have committed a crime that was detrimental to the state so through the two conditions for imposing a sentence, the judge's conviction was built that the defendant was the perpetrator so that the decision was appropriate as a criminal responsibility committed by the defendant. Verdict No. 09/Pid.Sus-TPK/2021/Pn Gto because no evidence was found in the form of letters and witness statements which could prove that the defendant had committed a crime. The fact of the trial formed the judge's belief that the defendant was not proven to have committed a crime and the defendant must be acquitted of all lawsuits.]]>
<![CDATA[Measuring The Causes Factor Of The Criminal Act Of Persecution ]]>
<![CDATA[Mohamad Rivaldi Pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (214.016 KB)
|
DOI: 10.33756/eslaj.v2i3.14362
<![CDATA[Abstract: This study aimed to find out the factors causing the occurrence of criminal acts of persecution. The method used in this research was empirical or sociological research methodology. This study used a case approach, which was carried out by examining cases related to the issues faced and sampling using purposive sampling. The results of this study indicated that the occurrence of criminal acts of persecution in the jurisdiction of the Batudaa Pantai Sector Police was caused by the influence of alcoholic beverages, an unfavorable environment, and low education which also affected thinking patterns, the heartache that led to revenge, misunderstandings resulting from failure communication process, to uncontrolled emotions. The Batudaa Pantai sector police should make more use of social media in providing understanding to the community and school children so that legal awareness continues to increase in all circles because they see the impact that will be caused if they commit a criminal act.Keywords: Cause; Criminal; Persecution]]>
<![CDATA[The Effectiveness of Settlement of Criminal Acts of Minors Through Non-Litigation Efforts at the Gorontalo District Court ]]>
<![CDATA[Ismiaty Amiri]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (523.823 KB)
|
DOI: 10.33756/eslaj.v0i0.13271
<![CDATA[Abstract: This Reaserch aims at finding out (1) to what extent the efficacy of non-litigation, especially diversion in settlement of crimes involving children, in Gorontalo district court and (2) factors hindering the non-litigation process against crimes involving children in Gorontalo district court. The research method employs a normative and ampirical approach.Finding indicate that the implementation of non-litigation in settlement of crimes involving children in Gorontalo district court is less effective. This is due to the externalities existing on the child who is referred to as a perpetrator or victim’s parent/guardian. Hence, a thorough education outreach needs to be conducted to the family and the children regarding the objectives and the benefits of the diversion. Key words : Crimes Involving children, Non-Litigation, Diversion]]>
<![CDATA[Legitimacy of Criminal Law in Lieu of Fines in Corruption ]]>
<![CDATA[Rizki Herman]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (327.924 KB)
|
DOI: 10.33756/eslaj.v4i2.16214
<![CDATA[This study aims to analyze the criminal regulation of confinement in lieu of fines in criminal law in Indonesia, as well as to examine whether the application of imprisonment is a substitute for fines in corruption by law enforcement in Indonesia. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that law enforcement refers to the provisions of criminal confinement, which are contained in Article 10 of the Criminal Code, which then substitutes for imprisonment in Article 30 and Article 31 of the Criminal Code.]]>
<![CDATA[The Position Of The Right To Residence Of The Indigenous People Of Torsiaje Is Seen From Article 18B Of The 1945 Constitution ]]>
<![CDATA[Siti Zahra Karina Jusdin]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (530.25 KB)
|
DOI: 10.33756/eslaj.v1i2.13036
<![CDATA[: This study aims to find out the position of the right to residence of indigenous peoples torsiaje seen from article 18b of the 1945 Constitution. The methods used in this research are empirical normative research and use a legal approach or statute approach and use case approaches as well as data analysis techniques using qualitative approach analysis. The results of this study show that the Position of Rights to The Residence of Indigenous Peoples torsiaje Seen From Article 18b of the 1945 Constitution states that everyone has the right to live a prosperous life born and inward, residing, and getting a good and healthy living environment. In reality, not all communities can enjoy decent housing. This is due to differences in growth and regional development and the small government's attention to low-income communities. So that the state must immediately provide legal protection and guarantees for people who do not have or even want to move home to a more viable place by making agreements and discussions with relevant community groups. The government must be able to accelerate the making of village regulations in which it contains substance related to the division of housing rights for the community and encapsidation to create clarity in doing everything in the community.]]>
<![CDATA[Juridical Review Of Working Agreements On The Safety Of Ship Crew ]]>
<![CDATA[Dilfa Nurfadila Lahibu]]>;
<![CDATA[Mutia Cherawaty Thalib]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (314.475 KB)
|
DOI: 10.33756/eslaj.v4i2.19159
<![CDATA[The purpose of writing is to describe the legal relationship between sea work agreements and work agreements based on the Labor Law in Indonesia and to describe the effectiveness of the implementation of sea work agreements on the work safety of crew members. This type of research uses an approach focused on normative legal research with a legal concept related to analysis and construction carried out with specific methods. In general, in an agreement, there is an object where the parties agree to enter into law to carry out the work. For this reason, the rights and obligations of the crew in the PT AWB work agreement have been implemented. They are guided by statutory regulations, including employers' ]]>
