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[Legal Protection Effort Against Children In Sale And Purchase Of Cigarettes In Gorontalo Utara Regensy ]]>
<![CDATA[fitra pakaya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12774
<![CDATA[The current research aims at finding out efforts performed to provide legal protection to children in the sale and purchase of cigarettes in Gorontalo Utara Regency. In addition, the research notifies the inhibiting factors during the provision of legal protection to children in the sale and purchase of cigarettes. The research applies empirical legal research with qualitative descriptive analysis technique. The data used are empirical and secondary data in which they are collected by using techniques of interview and observation. The research finding reveals that there are two efforts of legal protection to children in the sale and purchase of ciragettes, namely cigarettes sales ban to the children and specific protection. In the meantime, the inhibiting factors during the provision of legal protection to children in the sale and purchase of ciragettes are ineffectiveness of regulation, lack of knowledge on the law, absence of counseling and supervision from government, and ineffectiveness of existing programs.]]>
<![CDATA[Criminalization Of Adultery During The Covid 19 Pandemic ]]>
<![CDATA[Siti Nurfadila Rahman]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13225
<![CDATA[ The purpose of this study is to find out the criminology of adultery perpetrators during the Covid 19 Pandemic. The type of research used is empirical legal research. While sample withdrawal uses purposive sampling and data analysis using qualitative research approaches. The results showed that cases of adultery occur of course triggered by various factors both internal factors and external factors. In the current pandemic period where the majority of people ranging from high economic class to low economic class experience severe economic crisis, primary and secondary needs are difficult to meet to cause feelings of stress and stress that can trigger quarrels in the household, these quarrels can also trigger divorce in households caused by the economy or other actions. In addition, the problem of economic crisis can also trigger adultery were to meet the economy, they commit such unworthy deeds to earn money as well as commercial sex workers. There needs to be increased understanding of the law by law enforcement and the government towards citizens to avoid actions that can harm themselves and others, especially legal counseling to the younger generation.]]>
<![CDATA[The Regulation Of Restrictions On Workers / Labourers Having Marriage In The Same Workplace ]]>
<![CDATA[Riskiyanto Umar]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13348
<![CDATA[The purpose of this study was to determine the regulation of restrictions on workers/laborers to marry in one office as regulated in the Decision of the Constitutional Court Number 13/PUU-XV/2017. The method used in this research is normative research and the type of approach used is the law approach, conceptual approach, and case approach. The technique of analyzing legal materials in this study uses a systematic interpretation method. The results of the study show that the provisions of Article 153 paragraph 1 letter f explain that employers are prohibited from terminating employment because the worker/ laborer has blood ties and/or marital ties with other workers/ laborers in the same company unless it has been stipulated in a work agreement, regulations company, or collective work agreement." The limitation of the right to marry in one office is based on a work agreement which is the desire of both parties. Meanwhile, the workers are citizens whose constitutional rights are protected to have a family without being limited by certain parties. This is intended to provide a guarantee of the protection of the constitutional rights of citizens to continue to marry with office colleagues without being limited by work agreements that are far from the spirit of fulfilling workers' rights as citizens. ah exists by considering which aspects will arise between the benefit and the various parties, namely the company/office, employees, and also the general public. Keywords: Adjustment, Laborer, Marry ]]>
<![CDATA[Criminal Sanctions for Persecution Resulting in Serious Injury ]]>
<![CDATA[Fandaria Putri Yasin]]>;
<![CDATA[Fence M. Wantu]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18185
<![CDATA[This study aims to find out and analyze how to prove the verdict of a criminal offense that results in serious injury based on the title raised in this authorship. An author is a type of writer an Emperis law or a field writer. With a Case approach. The process of collecting data from regulations and other references related to the problem being studied. The results of this author show that the proof of the Determination of the criminal act of assault resulting in serious injury is said to be incorrect but if we refer to the court decision of the defendant/convicted person is proven to have committed a criminal act of assault resulting in serious injury, but is only sentenced to imprisonment for six (6) months. The judge’s role in determining the criminal act of assault resulting in serious injury is influenced by two counts, namely the judge's estimate that lawfully and convincingly committed the crime of persecution and the legal act used in the indictment article is more than Article 351 Paragraph 2 of the Criminal Code of persecution resulting in serious injury.]]>
<![CDATA[Act Of Settlement By Investigators Against Alleged Adultery ]]>
<![CDATA[Rifki Wahyudi Haris]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i2.15822
<![CDATA[Abstract: This study aims to determine the resolution by investigators to the alleged adultery. The method used in this study is an empirical or sociological research methodology. This study used a qualitative approach and sampling using Purposive Sampling and used descriptive analysis techniques. The results of this study show that the settlement of suspected criminal acts of adultery in the jurisdiction of the Gorontalo Police is carried out with Preventive Efforts, namely socialization or counseling in each village and village. Then the Gorontalo Police often patrols to order or prevent acts prohibited by law including adultery behavior and the form of repressive efforts carried out by the police or investigators of the Gorontalo Police is through investigations, arrests, investigations, until it reaches the judiciary which is then decided by the judge. The repressive efforts made by the police are based on the preliminary evidence that exists because this adultery case is a complaint that can certainly be dismissed because of the party being harmed or caught by Tanagan. Investigators must be more courageous in providing stricter and more straightforward law enforcement in terms of cracking down on the crime of prostitution or in other words adultery.]]>
<![CDATA[Consumer Legal Protection in Electronic Commerce Transactions ]]>
<![CDATA[Meyke Alvianieta Ali]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13261
<![CDATA[Abstract: The purpose of this study is to find out how the legal protection for consumers against third parties' formal legal in electronic commerce transactions. The research method of this thesis uses a normative legal research method. , and the imposition of sanctions on business actors in the event of a violation. The form of responsibility for the Shopee site manager can be reflected in the provision of compensation through refunds, personal data protection, consumer reporting facilities, but Shopee also has limitations on liability. Keywords: Consumers, Electronics, Legal Protection, Trade Transactions]]>
<![CDATA[Illegal Investment Crimes in the Perspective of Anomie Theory ]]>
<![CDATA[Ananda Putri S. Maksum]]>;
<![CDATA[Weny Almoravid Dungga]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18328
<![CDATA[This study aims to analyze criminological reviews based on the theory of anomie criminal acts of fraud (Illegal Investment) and law enforcement of criminal acts of fraud in the Gorontalo Regional Police. This study uses the Normative - Empirical method. By using primary data and secondary data, data collection techniques through interviews, observation, and literature studies. The results of this study indicate the causes of people becoming perpetrators of illegal investment fraud, namely wanting to enrich themselves, and taking advantage of opportunities for the lack of public knowledge about the mechanisms and ways of working investment products and the general public. Factors that lead to criminal acts of illegal investment: Economic, environmental, and social factors Investing in Indonesia is regulated in Law no. 25 of 2007 concerning Investment. Law enforcement by the Gorontalo Regional Police general criminal investigation cyber investigation process through complaints of victims of illegal investments. To obtain the identity of the perpetrator, and the role of the perpetrator in the implementation of investment fraud crimped es, an investigation process is carried out up to the final stage of the legal process.]]>
<![CDATA[The Effectiveness Of The National Land Agency In Implementing The Complete Systemic Land Registration Program ]]>
<![CDATA[Sri Rahayu Mootalu]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14781
<![CDATA[The research aims to determine to what extent the role of Nasional Land Agency in implementing the complete and systematic Land Registration (PTSL) program and internal and external factors inhibiting the National Land Agency in implementing the Complate and Systematic Land Registration (PTSL) program towards the improvement of Land Certificate Ownership Data in Gorontalo Regency. In this case, the program has been done well, yet it remains encountering several problems. The research employs empirical legal research. The problems in this current research are the role of National Land Agency in implementing the Complate and Systematic Land Registration (PTSL) program towards the impprovment of Land Certificate Ownership Data in Gorontalo Regency and internal and external factors inhibiting the implementation of program. The research finding reveals that the implementation of Complete and Systematic Land Registration (PTSL) program by National Land Agency remains not maximum. Therefore, it is necessary to fiind a preper solition so that the PTSL program could achieve the predetermined target and implementation stages must be in accordance with the prevailing regulation. Keywords: Role of BPN, PTSL Program, Land Certificate Ownership]]>
<![CDATA[Legal Protection Of Consumers Due To Default In Online Buying And Selling Transactions ]]>
<![CDATA[Raplin Djauhari]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13003
<![CDATA[This research aims to find out the legal protection of consumers due to default in online buying and selling transactions and to know the responsibility of business actors due to default in online buying and selling transactions.This research uses a statutory approach with a type of research that is normative legal research.The results showed that (1) Legal protection of consumers due to default in online buying and selling transactions is intended to protect their rights that business actors do not fulfill. The protection of the law against consumers can be measured by how the law protects the rights of the rights of consumers, while the rights of consumers are regulated in the Civil Code Article one thousand two hundred and thirty-five, Article one thousand four hundred seventy-four, Article one thousand four hundred fifty-eight, article one thousand four hundred seventy-four, Article one thousand five hundred and thirteen, One thousand five hundred and fourteen. Consumer protection law Article forty-five, Article forty-six and Article forty-seven, as well as in the law on information and electronic transactions Article seventeen paragraph two, Article thirty-eight. (2) The responsibility of business actors due to default in online buying and selling transactions is to compensate consumers. Indemnity includes returning money, replacing it according to its value.Keywords: Criminal Acts, Theft, Children]]>
<![CDATA[Traffic Accident Analysis Model In Traffic Accidents That Have No Witness ]]>
<![CDATA[Riyanto Yunus]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16211
<![CDATA[The problem of traffic accidents in the absence of witnesses is very crucial because in traffic accidents, in principle, the presence of witnesses is very important in determining the suspect and victim. Therefore, it is important to reconstruct traffic accident analysis (TAA) in every traffic accident. This is the concern of the compilers to examine how the concept of implementing Traffic Accident Analysis in traffic accidents, as well as to examine the Traffic Accident Analysis proof model in traffic accidents that do not have witnesses. The type of research in writing this proposal is normative research, which includes research on legal systematics, research on the level of legal synchronization, research on legal history, and research on comparative law. The results show that the concept of applying Traffic Accident Analysis in traffic accidents uses two main methods, namely: clinical and statistical approaches. The application of Traffic Accident Analysis is very important to do and becomes an alternative when there is no witness in a traffic accident. This is necessary to assist investigators in reconstructing accidents and determining suspects and victims]]>
