{"title":"Empirical Review Of The Causes Of Children To Permit The Act Of Theft","authors":"Nahdhatul Botutihe","doi":"10.33756/eslaj.v3i2.15793","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.15793","url":null,"abstract":"This study aims to determine the cause of children committing acts of theft. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study indicate that the causes of children committing the crime of theft include economic factors, educational factors and environmental factors. These three factors are very influential in human life, especially for children, because some of these factors are not fulfilled, then indirectly the mindset of the child does not develop in terms of his knowledge of a crime. Looking at several factors that influence children to commit theft in general, they are interrelated. Providing education from the government and authorized institutions regarding the dangers and adverse effects of committing the crime of theft is highly expected. In addition, the local government cares for children who drop out of school or are pressured because of their weakness","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129821555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Overview Of The Crime Of Management Of Severe Massage","authors":"Julaeha Kamaru","doi":"10.33756/eslaj.v3i2.15819","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.15819","url":null,"abstract":"This study aims to determine the handling of the crime of severe persecution. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling. The results of this study indicate that non-criminal mistreatment is carried out in two stages, namely preventive countermeasures and repressive countermeasures. As for preventive countermeasures, there are several things that are carried out by law enforcers which are to prevent the occurrence of criminal acts of persecution, especially the type of severe abuse, including those carried out in this preventive stage such as legal counseling, patrols in certain areas and conducting bhabinkamtibmas. Meanwhile, in the repressive countermeasures stage, it is certainly the final action taken by law enforcement to prevent the occurrence of criminal acts of persecution. In this countermeasure stage, law enforcers must carry out legal process actions according to procedures if there are violations of the provisions of the applicable laws and regulations. The Gorontalo City Government is also expected to be able to contribute in dealing with the problem of criminal acts whose perpetrators deserve the appropriate punishment, also because considering this severe persecution is very influential in people's lives.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126489628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Normative Review Of Indigenous Community Rights In Mining Areas","authors":"Dhea Meila Fitriani","doi":"10.33756/eslaj.v3i2.15799","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.15799","url":null,"abstract":"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114537805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Basis for Judges' Considerations in Decisions on Persecution Cases","authors":"Putri Alya Zalsabila Hasan","doi":"10.33756/eslaj.v3i2.15792","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.15792","url":null,"abstract":"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","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115911549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Act Of Settlement By Investigators Against Alleged Adultery","authors":"Rifki Wahyudi Haris","doi":"10.33756/eslaj.v3i2.15822","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.15822","url":null,"abstract":"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128963529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Disparity Of Judge's Decisions In The Same Criminal Act Of Corruption","authors":"Wahyuni Malanua","doi":"10.33756/eslaj.v0i0.15686","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.15686","url":null,"abstract":"The purpose of this study is to find out what are the factors that cause the disparity of criminal sanctions in the verdict of criminal acts of corruption as well as the legal basis that becomes the consideration for making decisions on corruption crimes by judges, especially in the Gorontalo District Court.The type of research used is normative juridical research, with a statutory and conceptual approach, for this approach several primary legal materials are used, namely laws and regulations relevant to the object of study supported by secondary legal materials in the form of books, journals and other sources. . The conclusion of this study found that there were differences in the results of the comparison of two different decisions where the Gorontalo District Court Decision Number 18/Pid.Sus-TPK/2020/PNGto which harmed the state by 43 billion was only given a sanction of 1 year 6 months in prison while in decision number 1/ Pid.sus -TPK/2018/PNGto which harms the state as much as 1 billion is given a prison sentence of more than 4 years so that this can be said to be a disparity of decisions.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114445685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Position for the Implementation of Inheritance Distribution","authors":"Ridwan Hulalata","doi":"10.33756/eslaj.v0i0.15014","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.15014","url":null,"abstract":"Abstract : This study aims to determine the legal position of the distribution of inheritance in Sonuo Village, West Bolangitang District, North Bolaang Mongondow Regency. This type of research is normative-empirical, by taking a sociological juridical research approach (Sociological jurisprudence) which is based on a legal provision regarding the norm system, but observing how the reactions and interactions occur when the norm system works in society. Based on this view, empirical legal research using a Sociological Jurisprudence approach is a research. The results of this study indicate that the practice of dividing inheritance used by the people of Sonuo Village is using traditional procedures. Inherited property is for the heirs themselves without discriminating between sons and daughters. There are parents who divide their wealth to the heirs during his lifetime, and there are also later after the heirs die. The people of Sonuo Village, since then, have been more inclined to the Inheritance Sharing scheme which has been passed down from ancestors/customs in the village. Until now, the people of Sonuo Village, which still cannot be called modern society, still adhere to the beliefs or beliefs that have been passed down from their previous parents in determining the distribution of inheritance, which is certainly different from the point of view of Islamic law in determining inheritance.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"202 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132501467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Assessing The Causes Of Household Abandonment","authors":"Resta Relita Munte","doi":"10.33756/eslaj.v0i0.15741","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.15741","url":null,"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114499721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Factors Inhibiting the Effectiveness of Enforcement Article 106 Paragraph (1) of the Traffic Law No. 22 of 2009","authors":"Salman Haris","doi":"10.33756/eslaj.v0i0.15761","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.15761","url":null,"abstract":"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).","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124933560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Overview Of Criminology Of Criminal Actions Of Narcotics In Jayabakti Village","authors":"Ronaldi Timpola","doi":"10.33756/eslaj.v0i0.15674","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.15674","url":null,"abstract":"The purpose of this study was to determine and analyze through a criminological review the factors that cause narcotics abuse by the people of Banggai Regency, especially in Jayabakti Village, and efforts to prevent narcotics abuse in Jayabakti Village. The type of research used is empirical or field research with a case approach (case approach). The results of this study indicate that narcotics abuse in Jayabakti village is caused by several factors, including the entry of outsiders (non-local communities), education, economy, and weak village security supervision. And prevention efforts are made so that the community is not involved in narcotics abuse, among others, Pre-Emtif efforts: Instilling moral values as the main fortress that can prevent not being influenced and falling into narcotics abuse and providing correct and intensive information to the public regarding the dangers of using drugs. Narcotics. Preventive efforts: Carry out communicative supervision and guidance to parents and families, the community environment, and the role of the local government to carry out information on the dangers of narcotics. Repressive measures: Law enforcement actions carried out by Banggai Police and BNN, rehabilitating perpetrators so that perpetrators have a strong desire to recover,in RUTAN, and providing skills training..","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128033064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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