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[Analysis Of The Mechanism Of Removal And Termination Of Village Equipment By The Regency Of Gorontalo Regency ]]>
<![CDATA[Misbahul Muslimin]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15108
<![CDATA[Abstract: In carrying out its autonomy, the village is led by a village head to run the government in the village and provide services to the community. In carrying out its obligations, duties, and functions, the village head is assisted by village officials which include the village secretary, regional executive, and technical implementer. The dismissal of Village Officials that occurred in Gorontalo Regency was one of the inappropriate policy decisions by the Regent of Gorontalo Regency where in the event the dismissed Village Apparatus did not meet the requirements for the dismissal. The type of research used is empirical legal research. Empirical research is a type of research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior made from direct observation. Dismissal of Village Apparatus carried out by the Regent of Gorontalo Regency violates existing rules, where the dismissal of Village Apparatus is the authority of the Village Head in consultation with the Camat. This problem occurs because of a lack of understanding of the rules for the appointment and dismissal of Village Apparatus and also the incompatibility of the rules governing village government and the rules governing Village Apparatus.]]>
<![CDATA[Effectiveness of Impeachment Against Deputy Regent of Gorontalo Regency ]]>
<![CDATA[Luksiana Lasimpala]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Novendri M. Nggilu]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13287
<![CDATA[The purpose of this research is to know and analyze the Legal Regulation of The Impeachment of Regional Heads and/or Deputy Heads of Regions according to The Provisions of Law No. 23 of 2014 on Local Government and the effectiveness of impeachment against the deputy Regent of Gorontalo Regency. The type of research used by researchers in the preparation of this study is to use normative research types that are supported by the existence of field data (empirical) using 2 (two) approaches, namely the Legislative And Case Approach. The results of this study show that the effectiveness of impeachment against the deputy Regent of the Gorontalo Regency is influenced by 3 (three)factors that affect the effectiveness of dismissal against the deputy Regent of the Gorontalo Regency, namely: the legal factor. alone, where there is no normative framework that regulates the law of dismissal events in the head of the region, second, law enforcement factors, namely regarding the competence of judges in the break the case and the unclear involvement of legal counsel (advocate), third, the legal culture factor characterized by the disobedience of the Ministry of Home Affairs to the deadline which has been made imitatively in Law 23 of 2014 concerning Local Government. ]]>
<![CDATA[Black Stone Mining (Effort to Control Environmental Damage) ]]>
<![CDATA[Zulkifli H. Demanto Demanto]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18291
<![CDATA[This study discusses black stone mining in Bone Bolango Regency, Gorontalo Province. The type of research used in this research is sociological or empirical legal research. This research uses a normative legal science approach (laws and regulations). The author finds that the legal consequences arising from the illegal mining of black stone in Bone Bolango Regency is a criminal act in the mining sector prohibited by regulations, and the authors find that the role of the District Government. Bone Bolango in preventing environmental damage due to black stone mining activities consists of 3 things, namely; 1). Reclamation; 2). Periodic checking and monitoring; 3). Providing education to the community. Based on the explanation in the discussion and conclusions that the authors have described above, the authors have recommendations for suggestions to the government as follows; 1). Local governments must actively participate in protecting the environment in cases of damage caused by illegal mining activities; 2). The government must formulate appropriate regulations to protect the rights and interests of all parties.]]>
<![CDATA[Legal Protection For Consumers Who Get Expired Products ]]>
<![CDATA[Siti Nur Yanti Dukalang]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13142
<![CDATA[: The purpose of this study is to find out the legal protection for consumers who get expired products. The type of research used was empirical legal research. While the sampling used purposive sampling and data analysis used qualitative research approach. The results of the study showed that legal protection for consumers from the circulation of expired beverages is divided into two a). Preventive legal protections for consumers from the circulation of expired beverages are by giving warnings to business actors, providing guidance to business actors, destroying expired goods or beverage products, monitoring and supervising the circulation of expired beverages so as not to harm consumers. b). Repressive legal protection for consumers from the circulation of expired beverages by conducting inspections on business actors, confiscation, giving sanctions in the form of verbal and written warnings, conducting raids. It is necessary to tighten supervision and guidance for business actors and implement compensation for consumers who have suffered losses. And even tighter monitoring and supervision in small stalls located in remote villages so that no more consumers feel disadvantaged.]]>
<![CDATA[Legal Analysis On The Protection Of Employees On Actions Of Termination Of Employment Relations Due To Serious Violations ]]>
<![CDATA[Oky Oktarina Mooduto]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13305
<![CDATA[This study aims to determine the legal protection of employees who receive termination of employment without any legal process at PT. Karsa Utama Gorontalo City and to find out what the factors causing some employees at PT. Karsa Utama Gorontalo City was terminated without any legal process. The type of research in this thesis uses empirical legal research, which is supported by field data. Meanwhile, judging from its nature, it includes qualitative descriptive research. The data used are primary in the form of interviews and secondary data in the form of library research. The results of the study show legal protection for employees who receive termination of employment without any legal process at PT. Karsa Utama Gorontalo City has been regulated and confirmed in the Constitutional Court Decision No. 012/PUU-I/2003, which revoked the provisions of Article 158 of Law no. 13 of 2003 concerning Manpower, which is also confirmed by the issuance of the Circular Letter of the Minister of Manpower and Transmigration numbered SE-13/MEN/SJ-HK/I/2005 dated January 7, 2005. Where in point 3 letter a of the Ministerial Circular Letter it is stated that the layoffs are because workers commit Serious mistakes including theft (ex Article 158 paragraph (1) of Law No. 13 of 2003) can only be committed after a criminal decision has permanent legal force. The factors that cause so that some employees at PT. Karsa Utama Gorontalo City got termination of employment without any legal process, namely because it was based on the reason for a serious error committed by 10 employees of PT. Karsa Utama Gorontalo. It is also based on company regulations and work agreements that have been mutually agreed upon by all employees of PT. Karsa Utama. This step is an effort by the company to wipe out employee fraud and make employees at PT. Karsa Utama has a good attitude or behavior while working..Keywords: Legal Protection, Employees, Termination of Employment.]]>
<![CDATA[Law Enforcement Against Political Crimes in Elections ]]>
<![CDATA[Nur Fadhliyah Putri Daud]]>;
<![CDATA[Zamroni Abdussama]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18257
<![CDATA[: This study aims to determine law enforcement against political crimes in elections. The method used in this study is research methodology The type of research used is sociological juridical and this study uses a descriptive research approach and quality data analysis techniques. The results of this study show that law enforcement against political crimes within the scope of the 2019 legislative elections in Boalemo Regency has not been carried out optimally. Where from the series of cases that have been described in the discussion which amounts to 7 cases, what can be solved by Bawaslu is only 2 cases. So that it can provide an understanding that law enforcement against election violations by Bawaslu is still not implemented properly, even though there are already regulations that regulate it. Supervision of political money should be Bawaslu increased Supervision in the form of participatory supervision.]]>
<![CDATA[Normative Review Of Indigenous Community Rights In Mining Areas ]]>
<![CDATA[Dhea Meila Fitriani]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i2.15799
<![CDATA[This study aims to determine the rights of indigenous peoples in mining areas. The research method is a normative research method using a descriptive approach and qualitative analysis techniques. The results of this study show that the position of the rights and obligations of indigenous peoples in the mining world is still far from clear and has not been able to provide clear and unequivocal protection in the Mineral and Coal Law. Article 18B (2) of the 1945 Constitution, as one of the constitutional foundations of indigenous peoples, stipulates declarative recognition that the State recognizes and respects the existence and rights of indigenous peoples. However, this recognition sets limits or requirements for a community to be recognized as a customary law community. The Government must have full responsibility to protect and provide avenues and forums for indigenous peoples to maintain their rights in maintaining their existence.]]>
<![CDATA[Juridical Analysis of Confiscation of Looted Goods and State Seizures in Corruption Crimes ]]>
<![CDATA[Nur Kevin Kaluku]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13262
<![CDATA[Abstract:The act of confiscation of goods resulting from criminal acts of corruption is not easy and faces various obstacles in its implementation. The existence of confiscated and confiscated objects that have expensive maintenance costs has actually become a new burden for the government and has the potential to pose a big risk in the future. The purpose of this research is to examine the procedures for confiscation of confiscated goods and state confiscations in corruption crimes as well as to formulate efforts that will optimize the regulation of confiscated goods and state confiscations resulting from criminal acts of corruption. This research is a normative research using a law approach, a case approach, and a conceptual approach in the research approach. The results of the study indicate that the existing problem is that the procedure for confiscation of confiscated goods and state confiscations resulting from criminal acts of corruption is carried out and involves various agencies, namely the Attorney General's Office, the Corruption Eradication Commission (KPK), the Ministry and Rupbasan in accordance with the legislation that has been set. However, in practice there are various obstacles that must be improved and minimized by the various agencies. With regard to confiscated and confiscated goods, criminal acts of corruption use the in personam principle Keywords: Corruption, Confiscation, Looted Goods]]>
<![CDATA[The Disparity in Judge's Decisions in Forced Defense Cases ]]>
<![CDATA[Nur Amalia Katili]]>;
<![CDATA[Dian Ekawaty Ismail]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18327
<![CDATA[This study aims to analyze the chronology of cases of forced defense decisions. Normative research methods using statutory research approaches and case approaches and analytical techniques used to process legal materials are legal hermeneutics. The results of this study indicate that the decisions 794/Pid.B/2014/PN.Llg and No.257/Pid.B/2015/PN.Sky has fulfilled the elements of the noodweer requirement, namely that defense is coercive, what is being defended is oneself ), there was a very imminent threat of an imminent attack at that time, and that attack was against the law. has also fulfilled the element of the principle of subsidiarity which is the benchmark for forced defense. The disparity of decision No. 794/Pid.B/2014/PN.Log and the decision No. 257/Pid.B/2015/PN.]]>
<![CDATA[Performance Effectiveness Of Mediators In Settlement Of Industrial Relations Disputes In Manpower And Transmigration Services ]]>
<![CDATA[Sarah Magfirah Daud]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14783
<![CDATA[The purpose of this study is to describe and identify the performance of mediators in resolving industrial relations disputes at the Manpower and Transmigration Office of Gorontalo Regency and to identify and analyze the inhibiting factors experienced by mediators in resolving industrial relations disputes if they fail. The research method used is sociological juridical, namely examining applicable legal provisions and what happens in society or research conducted on real conditions that occur in society. The results of this study are that the success of a mediation process depends on the performance of the mediator himself in the settlement of industrial relations disputes. According to the mediator at the Manpower and Transmigration Office of Gorontalo Regency, cases that are often handled and resolved at the mediation stage are cases of disputes over the termination of employment (PHK). In the mediation process, failure is something that is also found in reaching a collective agreement, because several internal and external factors make the mediation process unsuccessful, so it is recommended to go to court. The conclusion from the research is that the performance of the mediator in the settlement of industrial relations disputes at the Department of Manpower and Transmigration of Gorontalo Regency has been running according to the applicable regulations and has not been effective. ]]>
