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Contact Name
Ahmad
Contact Email
estudiante02lawjournal@gmail.com
Phone
+6281213569044
Journal Mail Official
ahmad_wijaya@ung.ac.id
Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo
Location
Kota gorontalo,
Gorontalo
INDONESIA
Estudiante Law Journal
ISSN : -     EISSN : 2987114X     DOI : 10.33756
Core Subject : Social,
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 358 Documents
The Legal Position Of Marriage Through a Unified Marriage Isbat Trial At The Gorontalo Religious Court Aneng T. Lamara
Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.871 KB) | DOI: 10.33756/eslaj.v0i0.13286

Abstract

Abstract: The purpose of writing to be achieved is to know and analyze about  what is the legal status of the wife who is still bound by a legal marriage in applying for marriage confirmation through a unified marriage isbattrial? and  What are the legal implications for the legal status of the wife due to the establishment of the confirmation of marriage through a unified marriage isbat trial? This study uses a type of Normative research with two approaches, namely the legislative approach and the case approach. the results showed that:  First,  the position of the legal status of the wife who is still bound by a legal marriage in filing a marriage confirmation through a juridically integrated marriage isbat trial has violated the provisions   contained in the marriage law that expressly does not allow for the wife to marry twice before there is a divorce ruling that has permanent legal force from the Court. Second, the legal implications arising from the legal status of the wife due to the establishment of the legalization of marriage through a unified marriage isbat trial, namely the emergence of legality for legally valid wives due to not getting a divorce ruling from the Court on the previous marriage which is essentially contrary to the provisions of the marriage law on the prohibition of polyandry for the wife and opens the space for violations of the law.  from the legal side of state administration through legal smuggling at the time of issuance of marriage books. Keywords: Marriage Isbat; Ratification; Court.
The Settlement of Cases of Annual Budgetary Misuse in Salongo Village, South Bolaang Mongondow Regency Fahmi Djibran
Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.075 KB) | DOI: 10.33756/eslaj.v4i2.16171

Abstract

This study aims to find out and analyze how the process of resolving cases of misuse of village funds in Salongo Village, Bolaang Mongondow Selatan Regency. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the regional inspectorate office of South Bolaang Mongondow Regency, and directly related parties. The results showed that the process of settling cases of misuse of village funds by village officials in salongo village tended to use the peaceful way. Where the mechanism taken is the family law route with the final administrative provision, namely a refund. It is often used by the parties concerned,As for the inhibiting factor in law enforcement against the misuse of village funds in Salongo Village, the Prosecutor's Office is less professional when receiving reports onlydirecting to be returned to the village only, in soft language telling the community to solve this problem in a family way. In addition, there is a lack of transparency, the minimal role of the community and other village officials who should be responsible for settlement efforts.
The Role Of The Police In Completing The Practice Of Domino Card Gaming Raflin Wantu
Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.101 KB) | DOI: 10.33756/eslaj.v0i0.13241

Abstract

Abstract: The implementation of this research is to find out and analyze the role of the police in dealing with domino card gambling practices and to find out the factors that hinder the police in dealing with domino card gambling practices and the type of research is empirical research. The results show that the role of police in dealing with domino card gambling practices still has obstacles in the form of an approach to the community, one of which is the lack of socialization from the police even though it is carried out using pre-emptive and repressive measures. Meanwhile, the factors that hinder the police in dealing with the practice of domino card gambling are that the police are still difficult to track down the places where gambling practices occur. carried out by the community, the low level of public awareness is based on the consequences of unsupportive Economic, Knowledge, Entertainment and C,ultur,e and Community Environment factors.  Keywords: The Role of the Police, Domino's Card Gambling
Debatable of Indonesian Citizens' Rights and Obligations Regarding the Covid-19 Vaccination Policy Faizal Saman
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.301 KB) | DOI: 10.33756/eslaj.v4i2.18179

Abstract

The purpose of this study is to examine the rights and obligations of Indonesian citizens regarding vaccination.  This research uses a type of normative legal research with a statute approach.  Collect data by grouping and reviewing regulations, library materials, books, and other sources related to problems in this study.  The results showed that polemics that led to pros and cons related to vaccination were caused by several factors such as vaccines being new, the safety of vaccines that cannot be passed, and the sanctions imposed on those who refuse vaccines.  The pro-life community considers vaccination to be an obligation and the contras think that the imposition of vaccination is in line with the right to health.  There are several variables for the reason for the vaccination policy to be implemented, namely the state in a state of emergency, namely in a  pandemic crisis, and subsequently related to the human obligation to respect the human rights of others (the right to the health of others).  Thus, the problem of legal certainty from the implementation of vaccination is an obligation of Indonesian citizens.
The Legal Position Of The Will Given To The Adopted Child As Proof Of Ownership In The Gorontalo Religious Court Meriyani Hinelo
Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.575 KB) | DOI: 10.33756/eslaj.v1i3.13288

Abstract

Abstract: The purpose of this study is to find out and analyze the  Juridical Analysis of Religious Court Decision  Number: 403/PDT. G/2019/PA. Gtlo Concerning  the Determination of Probate Disputes  and the Legal Position of  the Will as proof of rights in the judgment of the Judge. Research Uses this type of normative-empirical research. Using several approaches, namely:the legal approach(statue approach),  the case approach  (case approach). The results of this study show that:  First,  that based on  juridical analysis of religious court decision  number: 403/PDT. G/2019/PA. Gtlo About  the Determination of Will Disputes has been in line with the provisions of the event law, where the first condition that must be met by the plaintiff is regarding material conditions, while the plaintiff in his lawsuit is wrong in occupying defendant 1 and defendant 2  (two). Second,  that the legal position of the Will as proof of rights in the judge's consideration is not used as a balance material by pa judges because there are   defects as intended by the researcher, therefore  the judge ruled the lawsuit is  unacceptable(Niet Onvantkelijke Verklaard)  ) which means that the case has not been completed with a positive verdict in the sense that it has not touched the subject matter and if the plaintiff wants to re-apply must complete the terms of the formil in questionKeywords: Position; Will; Dispute
Effectiveness of Article 53 On Marrying Pregnant Women In Compilation Of Islamic Law Srirahma Srirahma; Sri Nanang Meiske Kamba
Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.409 KB) | DOI: 10.33756/eslaj.v4i2.18362

Abstract

The purpose of this writing is to find out how effective Article 53 of the Compilation of Islamic Law is for pregnant women married to men who do not impregnate them in the case study of Tojo Una-Una Regency. The method used in this writing is by way of observation, interviews, and documentation. This type of writing is sociological juridical writing. Approach to an empirical sociological juridical analysis by going directly to the object or field. The type of data used is primary legal material and secondary legal material. The results of the writing show that article 53 of the Compilation of Islamic Law against pregnant women marrying men who do not impregnate them is not yet effective. The causal factors include internal factors and factors external. The legal consequences that arise are that it has an impact on the child to be born because it can question how the position, rights, maintenance, and when the birth is a girl, what about the guardian, as well as inheritance problems
Assessing The Causes Of Household Abandonment Resta Relita Munte
Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.472 KB) | DOI: 10.33756/eslaj.v0i0.15741

Abstract

This study aims to determine the causes of household neglect. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach, purposive sampling, and descriptive analysis techniques. The results of this study indicate that the cause of household neglect is influenced by two things, including internal factors and external factors. The internal factors can cause education and psychological instability so that it often violates the provisions of the law and factors from self-awareness.Meanwhile, external factors can come from outside, such as the surrounding environment and the lack of harmonious relations in the household. Domestic neglect can lead to domestic violence. Therefore, the relevant parties, in this case, the institution, should give the mandate to protect women and must be active in campaigning for the anti-domestic violence movement, more specifically neglect in the household.
Obstacles in Fulfilling Health Service Rights for BPJS Assistance Recipients in Bone Bolango District rian suryanto kasim
Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.639 KB) | DOI: 10.33756/eslaj.v1i1.13273

Abstract

The purpose of writing to be achieved in this study is to find out the obstacles related to the implementation of the fulfillment of the right to health services, especially for BPJS participants for assistance in obtaining health services. As with several incidents in the field, especially in the Toto Kabila Hospital, which is still far away and has not been monitored at all regarding the case regarding the fulfillment of health service rights to BPJS Health patients themselves and causes patients to feel disadvantaged and their rights are not fulfilled properly. In public health services, it is the role of receiving the right to health services itself, but based on the facts in the field found by researchers that are obstacles in fulfilling the rights to health services, namely the implementation of programs that aim to enforce the rights of public health services through the BPJS program, it does not run according to with expectations. Based on the results of the study, there are some people's health rights that have been fulfilled but some have not, including the lack of transparency from the Toto Kabila Hospital for BPJS patients, especially class III regarding the existing inpatient rooms, lack of clarity in BPJS regulations regarding what drugs or treatments are not included in BPJS financing. At the Polyclinic service, the lack of human resources at the Toto Kabila Hospital, causing long queues for patients who want to check their health at the existing polyclinic. The complicated and tiered BPJS Health service system makes many patients feel confused about the system, and not all types of treatment are facilitated by BPJS Health.Keywords: BPJS, PBI, Service Rights
Upaya Perlindungan Organisasi Amnesty Internasional Dalam Kasus Perdagangan Anak Di Indonesia Karmila Abdjul
Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.853 KB) | DOI: 10.33756/eslaj.v2i3.15774

Abstract

Tujuan penelitian ini adalah untuk mengetahui, memahami dan mendeskripsikan eksistensi organisasi amnesty internasional dalam kasus perdagangan anak di Indonesia, serta mengeksplorasi dan mendeskripsikan upaya perlindungan yang dilakukan oleh amnesty internasional terhadap anak korban perdagangan anak. Jenis penelitian yang digunakan yaitu penelitian normatif yang merupakan penelitian hukum doktrinal atau penelitian hukum teoritis. Adapun pendekatan yang digunakan penulis terdiri dari beberapa pendekatan yaitu Pendekatan perundang-undangan (Statute Approach) dan Pendekatan kasus (Case Approach). Hasil penelitian eksistensi organisasi amnesty internasional sangatlah tinggi dalam melakukan pembelaan hak asasi manusia yang berdasarkan deklarasi universal hak asasi manusia, karena organisasi ini bergerak di bidang penegakan pelanggaran hak asasi manusia, amnesty internasional terus melakukan perjuangan terhadap pelanggaran hak asasi manusia yang terjadi didunia, terkait dengan penelitian ini yaitu berhubungan dengan perjuangan dan perlindungan terhadap pelanggaran hak asasi anak yang terjadi di Indonesia.
The Application of Gorontalo Provincial Regional Regulation Number 4 of 2020 in the Efforts to Prevent and Control Covid-19 in Gorontalo City Lani Cahyani Korompot
Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (503.07 KB) | DOI: 10.33756/eslaj.v1i3.12862

Abstract

This article aims to find out how the application of Regional Regulation Number 4 of 2020 in efforts to prevent and control Covid-19. Based on the title raised in this study, the researchers used empirical research methods. The process of collecting data from the object studied in this study was by using interview techniques, document studies, and observation techniques. The application of the Gorontalo Provincial Regional Regulation Number 4 of 2020 concerning the application of Discipline and Law Enforcement of Health Protocols in the Efforts to Prevent and Control Covid-19 has been applied quite maximally by the government under the provisions of the duties that have been set and the authorities that have been coordinated which in this case includes all the efforts needed in handling Covid-19, this affirmation was supported by some information and also exploration carried out by researchers.

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