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
271 Documents
<![CDATA[Review of Compilation of Islamic Law Against Interfaith Marriage Prohibition results in the registration of marriages ]]>
<![CDATA[Nur Fika Palilati]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.19012
<![CDATA[This research aims to review the compilation of Islamic law on the prohibition of interfaith marriages, which will result in marriage registration. The research method is judicial sociological research, which employs a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that the prohibition on interfaith marriages does result in the registration of marriages, with Muslims registering marriages through the office of religious affairs. Interfaith marriages are prohibited in the rules of the Compilation of Islamic Law, one of which is explained in Article 40 KHI. Wherever it is mentioned in the article, women and men are prohibited from marrying women and men of other religions. The KUA can register Muslim marriages, while the Civil Registry Office can only register marriages for people who are married to a religion other than Islam. This means that a marriage can only be registered at the Population Service, or KUA, if it has been legalized by law or a recognized religion.]]>
<![CDATA[Factors Inhibiting the Effectiveness of Enforcement Article 106 Paragraph (1) of the Traffic Law No. 22 of 2009 ]]>
<![CDATA[Salman Haris]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.15761
<![CDATA[This study aims to the efforts of the police in tackling traffic violations Article 106 paragraph (1) of Law No. 22 of 2009 and what factors hinder the police in enforcing Article 106 paragraph (1) of Law No. 22 of 2009 is in the jurisdiction of the Satlantas Polres Gorontalo City. This research was carried out using empirical research methods that function to see the law in a real sense and examine how the law works in the community. The findings of this study are that the role of the Gorontalo City Police Satlantas Police in making efforts in tackling violations of Law No. 22 of 2009 Article 106 paragraph 1 consists of preventive and repressive efforts and the results are not maximal and comprehensive, because the target of education and socialization of knowledge of traffic rules, especially article 106 paragraph 1, is only aimed at several institutions, both schools and universities and in certain areas, but there is very little education and socialization is carried out to all elements and stakeholders who can play an active role in overcoming the number of violations traffic. The obstacles or factors faced by the police in enforcing Article 106 paragraph 1 are influenced by several factors including, law enforcement factors; the lack of police officers during operations or raids, community factors; lack of legal awareness and public knowledge about traffic rules and road transportation as well as the legal culture inherent in the community, then the factor of infrastructure; obstacles in the procurement of police posts and live traffic (cctv).]]>
<![CDATA[Ratio Decidendi Judge's Decision In Deciding The Crime Of Persecution ]]>
<![CDATA[Sintia Husain]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 1 FEBRUARI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.13091
<![CDATA[This study aims to find out the ratio of judge's decision in deciding the crime of child abuse based on verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. The method used in this study is normative legal research. The approach used is to use the legal approach or statute approach (statute approach) and use the case approach. The results showed that the ratio decidendi the judge's ruling in deciding the crime of persecution based on the verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. It is appropriate because this is considering the age of the defendant who is under 18 (eighteen) years old. In Article 1 number 1 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 on Child Protection it is stated that a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. In other words, the accused is still classified as a child according to the criminal law and is considered still unable to account for the actions committed. Therefore, there needs to be a change in the Child Protection Act related to children as "PERPETRATORS" because the 2014 Law on the amendment of Law No. 23 of 2004 only protects victims' children.]]>
<![CDATA[Fundamental Implementation of Green Open Space Function Arrangement in Gorontalo City ]]>
<![CDATA[Novita Daud]]>;
<![CDATA[Dian Ekawaty Ismail]]>;
<![CDATA[Nirwan Junus]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 1 FEBRUARI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v0i0.12867
<![CDATA[This study aims to find out and analyze the effectiveness of structuring the function of the Green Open Ruan in Gorontalo City, as well as to find out the factors that hinder the availability of Green Open Space in Gorontalo City. The type of research used is empirical research where this research places a system of statutory norms when interacting with the community. Next described in the descriptive form to explain the results of the study. The research obtained by the authors in conducting this study includes the arrangement of Green Open Space in the City of Gorontalo, which provides ecological, socio-cultural, aesthetic, and economic benefits. However, it has not been maximized because the availability of Gorontalo City Green Open Space does not reach the standard compared to the overall Green Open Space area that has been set. Furthermore, based on the results of research obtained, the obstacles encountered in efforts to realize Green Open Space, namely barriers to inadequate land availability, as well as low community culture in maintaining and preserving urban Green Open Space.]]>
<![CDATA[Sanctions for Criminal Trafficking in Persons ]]>
<![CDATA[Febriyana Febiola Onggi]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18277
<![CDATA[The purpose of this research is to know and analyze aboutsanctions for the perpetrators of the Crime of Trafficking in Persons at the Manado District Court. This type of research is normative research. The results of this study include prostitution, physical, sexual exploitation, utilizing one's energy and or abilities by parties who have control to gain benefits both materially and immaterially. In this case the defendant for committing the crime of trafficking in persons was found guilty, even though there was evidence that from the facts revealed in court the idea of sexual exploitation of the victim actually came from the victim herself who wanted to exploit herself. The actions of the defendant who could be blamed for allowing did not prevent the victim from doing this and the defendant complied with the victim's instructions to chat with the michat application on the victim's cellphone by showing the victim's potential customers. This means that the defendant took part in the sexual exploitation of the victim who is still a child.]]>
<![CDATA[Analysis Of Consumer Protection Laws Against Food And Beverage Products That Do Not Have Halal Labels In Gorontalo City ]]>
<![CDATA[Nofrianto Harun]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.12876
<![CDATA[This study aims to find out and analyze how consumer protection against food and beverage products that do not have halal labels in Gorontalo City and to find out and analyze what factors cause there are still many circulating food and beverages not labeled halal in Gorontalo city. The type of research used is empirical and juridical legal research and uses qualitative data analysis techniques. The results showed that consumer protection of food and beverage products that do not have halal labels in Gorontalo City is still not well implemented this can be seen from the many food and drink products that are not labeled halal widely circulated and very much in Gorontalo city. As well as factors that cause there are still many circulating food and beverages not labeled halal in the city of Gorontalo, namely a) Convoluted economic and administrative factors, b) Business Factors undertaken are small businesses, c) The lack of public knowledge about law no. 33 of 2014 on halal product guarantees. Keywords: Consumer Protection, Halal Label, LPPOM-MUI]]>
<![CDATA[Divorce Pandemic Rate During the Covid-19 ]]>
<![CDATA[Isra Patamani]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.18270
<![CDATA[The purpose of this writing is to find out the reasons for the decline of divorce during the COVID-19 pandemic and find out what efforts will be made to overcome divorce cases during the COVID-19 pandemic in the Gorontalo religious courts. qualitative with an empirical approach. The analysis technique uses a quality technique, namely data in the form of words obtained from the interview, and other documents. The result of the author is that religious courts carry out the same regulations as in courts of other regions, using mediators, access reduced by the government, the intensity of meetings between husband and wife, and the process of registration of divorce trials is completely changed with the IT system. Other efforts that can be done to minimize divorce during the Covid-19 pandemic that may be considered quite difficult, such as understanding each other, talking about wise solutions in an unemotional way, and respecting opinions that differ from other family members so as not to cause misunderstandings. And the efforts made by the Gorontalo religious court are socialization and mediation]]>
<![CDATA[Basis for Judges' Considerations in Decisions on Persecution Cases ]]>
<![CDATA[Putri Alya Zalsabila Hasan]]>
<![CDATA[ Estudiante Law Journal VOL. 3 NO. 2 JUNI 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v3i2.15792
<![CDATA[This study aims to determine the basis of the judge's decision in the case of persecution. The research method used by the author in this study is normative research. The research approach uses analytical descriptive and uses qualitative analysis techniques. The results of this study indicate that the basis for the judge's consideration is three things, namely legal facts, evidence and the judge's belief. These three things will make the judge in terms of giving decisions to the perpetrators of criminal acts or in this case the defendants. These three points have been contained in the indictment of the public prosecutor which will then be concluded and analyzed by the judge to convince his heart in terms of imposing sanctions in accordance with what the defendants did. What should be mitigating for the Defendant in the form of the Defendant promising not to repeat his actions should not be used as consideration for the Judge in deciding a case. This could have been a pretense to gain sympathy from the Judge. So the consideration must be focused on the actions committed by the defendants]]>
<![CDATA[Law Enforcement Against Fishing Ship Crews That Do Not Have A Sail Permit ]]>
<![CDATA[Ismail Lasantu]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13263
<![CDATA[Abstract: This study aims to determine and analyze Law Enforcement Against Crews of Fishing Vessels Who Do not Have Sailing Permits. The data used in this study were analyzed and presented descriptively by using a statute approach and case approach (case uproach) through a qualitative approach to secondary data and primary data. The results show that law enforcement against fishing vessel crews who do not have a sailing permit can basically be done by fixing and improving the system and management of licensing documents in a simple way with the one-stop integrated service method (PTSP) in improving the quality of service by presenting the harbormaster's representative office in every area/city district and conducting surveillance and patrols in areas frequented by ships to catch fish and the activity of the marine police in providing counseling to fishing communities with the aim of providing knowledge about the obligations of each ship captain or crew members to have a letter of approval to sail and take action based on the Criminal Procedure Code and other relevant laws and regulations as a formal source of law used in enforcing criminal law. a material through the imposition of imprisonment, payment of fines, warnings and coaching. Keywords: Law Enforcement, Crew, Permit to Sail r]]>
<![CDATA[Imposition of Ex-Wife's Post-Divorce Livelihoods: A Socio-Legal Overview ]]>
<![CDATA[Melany Fauzia Jusuf]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14923
<![CDATA[Abstract: This study aims to determine how the fulfillment of the rights of the ex-wife in obtaining the burden of living after the divorce decision. This type of research is a sociological jurisprudence based on the jurisprudence school. This research is based on normative law (statutory regulations), but does not examine the system of norms that work in society. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary legal materials and primary legal materials. The description includes the content and structure of positive law and Islamic law, which is an activity carried out by the author to analyze the determination. The results of this study indicate that the fulfillment of the burden of living after the divorce decision by the ex-husband to the ex-wife in divorce cases, in its implementation has not run optimally in all divorce cases accompanied by the burden of living, although this has been based on a judge's decision which has permanent legal force. Fulfillment of the burden of living after the divorce decision in his position is largely determined by the good faith of the ex-husband in fulfilling the responsibility of burdening the living voluntarily by the contents of the court's decision as to the party who is burdened with a living. So that to realize the maximum post-divorce burden of living in all divorce cases with the qualification of the burden, in this case, it is important to immediately give birth to the concept of legal reform in fulfilling the payment of living by guaranteeing the property of the ex-husband by including the element of guaranteeing the property of the ex-husband in the the decision handed down and presenting a mechanism for executing for free or for free. ]]>
