Estudiante Law Journal最新文献

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Causes and Efforts to Counter a Crime 打击犯罪的原因和努力
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18273
Muh. Firmansyah Isa
{"title":"Causes and Efforts to Counter a Crime","authors":"Muh. Firmansyah Isa","doi":"10.33756/eslaj.v4i2.18273","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18273","url":null,"abstract":"This study aims to determine the causes and countermeasures against a crime.  The method used in this study, namely the research methodology used, is empirical research and uses a descriptive qualitative approach and qualitative analysis techniques. The results of this study show that the causes and efforts to overcome a crime there are several causes of the crime that occurs due to the talent of the perpetrator, the environment, the spiritual, and the economy. Crimes range from mild to the most serious forms such as severe mistreatment that cause severe injuries to their victims so that physical and non-physical problems arise. But it is also necessary to realize that, the person who committed the crime is a person like us. Crimes or criminal acts must be dealt with because they create discomfort and insecurity in people's lives, so they can do rational ways of dealing with them. Meanwhile, efforts made to tackle the crime include penal efforts and repressive efforts.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129547735","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}
引用次数: 0
Responsibility of the Default Debtor in the Implementation of the Credit Agreement and Settlement 违约债务人在履行信用协议及结算中的责任
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.19187
Susinta Yasin, Wen Almoravid Dungga, Julius T. Mandjo
{"title":"Responsibility of the Default Debtor in the Implementation of the Credit Agreement and Settlement","authors":"Susinta Yasin, Wen Almoravid Dungga, Julius T. Mandjo","doi":"10.33756/eslaj.v4i2.19187","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.19187","url":null,"abstract":"This article discusses the provision of credit provided by banks, one of which is at the Telaga Unit BRI bank with a building guarantee. Where at the Telaga Unit BRI bank in providing credit previously preceded by an agreement. To enter into an agreement, the borrower (customer) must have collateral. Without collateral, a customer cannot obtain a loan because collateral is one of the requirements for the customer to enter into a loan agreement. There is a close relationship between the lender and the guarantee. To guarantee repayment of credit from the debtor.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132264100","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}
引用次数: 0
Criminological Aspects of Residivis in use Narcotics 吸毒残残者的犯罪学问题
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18181
Magfirah Rahmalia Daud
{"title":"Criminological Aspects of Residivis in use Narcotics","authors":"Magfirah Rahmalia Daud","doi":"10.33756/eslaj.v4i2.18181","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18181","url":null,"abstract":"The purpose of this study is to find out and analyze the criminological factors behind recidivists in narcotics use in Gorontalo Province and to find out how. The type of research used is empirical research, using primary and secondary data sources. Using data clotting techniques with observation methods, interview methods, and documentation methods. Then the data is analyzed descriptively or provides an overview or exposure to the subject and object of study as the results of the research carried out. The results showed criminological factors behind recidivist use in narcotics use in Gorontalo Province when viewed from the Differentia Associationtheory, namely environmental/social factors causing a person to commit criminal acts repeatedly. The bad stigma that arises from the society of ex-convicts makes these ex-convicts feel excluded explained based on label theory, imitation theory is the result of imitation of crimes that occur in their environment, self-defense theory is health caused by weak self-defense against their poor environment as drug users, Criminoloids theory of crimes caused by lust.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127614682","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}
引用次数: 0
Legal Consequences of Marriage During Iddah Period Based on Compilation Islamic Law 基于伊斯兰教法汇编的伊达王朝时期婚姻的法律后果
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18848
Sinta Pomahiya, Nur M. Kasim, Dolot Alhasni Bakung
{"title":"Legal Consequences of Marriage During Iddah Period Based on Compilation Islamic Law","authors":"Sinta Pomahiya, Nur M. Kasim, Dolot Alhasni Bakung","doi":"10.33756/eslaj.v4i2.18848","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18848","url":null,"abstract":"Abstract: This journal discusses marriage during the Iddah period. In Article 2 of the Compilation of Islamic Law, it is stated that marriage according to Islamic law is marriage, which is a very strong mistaken gholiidhan contract to obey Allah's commands. However, not all Islamic teachings can be implemented properly. This is evidenced by the existence of couples who do not care about iddah issues. Carrying out iddah for women is considered a form of worship. The type of research used types of sociological research, which aims-describes the implementation of marriage during the Iddah period and the legal consequences of marriage during the Iddah period. The results of the study’s three main points can be concluded. First, the implementation of marriage during the iddah period is the same as marriage in general, it's just that the marriage is carried out during the iddah period so the marriage is invalid. Second, because the marriage law during the iddah period will arise, the husband and wife will not get a marriage certificate, and when the marriage takes place there will be hereditary problems. Keywords: Marriage; Iddah; Islamic Law Compilation","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129972802","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}
引用次数: 0
Divorce Pandemic Rate During the Covid-19 Covid-19期间的离婚流行率
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18270
Isra Patamani
{"title":"Divorce Pandemic Rate During the Covid-19","authors":"Isra Patamani","doi":"10.33756/eslaj.v4i2.18270","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18270","url":null,"abstract":"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","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130377369","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}
引用次数: 0
Dualism Criminalization Of Homosexual Action 对同性恋行为定罪的二元论
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18369
Mohammad Rifky Yunus, Dian Ekawaty Ismail
{"title":"Dualism Criminalization Of Homosexual Action","authors":"Mohammad Rifky Yunus, Dian Ekawaty Ismail","doi":"10.33756/eslaj.v4i2.18369","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18369","url":null,"abstract":"This study discusses the Criminalization of Homosexual acts. This research uses normative legal research. It is legal research that places law as a building system' of norma. The system' of Norm build include principals, norms, rules of law, court decision, agreements, doctrins (teachings). The author finda the conclution on this study that the legal vacuum regarding the regulation of same-sex sexual relations is something that we must pay attention to because the absence of law Governing this matter is a matter that is very urgent for the government to review and must make arrangements as soon as possible. Detailed and clear so that it is precise and easy to implement by law enforcement officials.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115436773","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}
引用次数: 0
Investigators Obstacles in Child Molestation Cases 调查人员在儿童猥亵案件中的障碍
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.16277
Siti Nurhayati Nasir
{"title":"Investigators Obstacles in Child Molestation Cases","authors":"Siti Nurhayati Nasir","doi":"10.33756/eslaj.v4i2.16277","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16277","url":null,"abstract":"Abstract: The purpose of this research is to identify the types of obstacles that investigators face when investigating child abuse. Empirical research approach was applied in this study. This study employs a qualitative methodology, purposive sampling, and descriptive qualitative analytic approaches. According to the findings of this study, the investigator's restrictions in processing instances of criminal acts of sexual abuse against minors are both internal and external. The internal barrier consists of people resources from investigators, the system, and the cultural side. Meanwhile, there are no witnesses to see, the victims are still minors, fees, and parents' inexperience of legal procedures. The execution of law enforcement investigations must boost confidence so that all types of hurdles to conducting investigations may be rapidly overcome. As a result, the inquiry is progressing as we all hoped. The investigation should be conducted in line with the appropriate legal procedure, particularly when dealing with cases of child abuse and updating legal knowledge for investigators, particularly those whose education is still insufficient.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116817418","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}
引用次数: 0
Criminal Sanctions for Persecution Resulting in Serious Injury 迫害造成严重伤害的刑事处罚
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18185
Fandaria Putri Yasin, Fence M. Wantu
{"title":"Criminal Sanctions for Persecution Resulting in Serious Injury","authors":"Fandaria Putri Yasin, Fence M. Wantu","doi":"10.33756/eslaj.v4i2.18185","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18185","url":null,"abstract":"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122226239","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}
引用次数: 0
Verbal Sexual Harassment Victim (Catcalling) Legal Protection in Human Rights Perspective in Indonesia 印尼人权视角下的言语性骚扰受害者(嘘声)法律保护
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.16245
Indah Intania Daud, Moh. R. U. Puluhulawa, Mellisa Towadi
{"title":"Verbal Sexual Harassment Victim (Catcalling) Legal Protection in Human Rights Perspective in Indonesia","authors":"Indah Intania Daud, Moh. R. U. Puluhulawa, Mellisa Towadi","doi":"10.33756/eslaj.v4i2.16245","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16245","url":null,"abstract":"Sexual harassment provides a feeling of insecurity and comfort to the victim, even at a more severe level, the victim can experience trauma. The very broad scope of sexual harassment shows how complex the problem is. So widespread, verbal sexual harassment (indecent comments, sexually suggestive jokes and so on) or what is known as catcalling is an interesting issue to study. This is because verbal sexual harassment or catcalling often occurs in the community but is considered normal by the community, even though catcalling can create feelings of insecurity, comfort and even fear for the victim. The type of legal research in this research is normative legal research, which is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The approach used in this research is a statutory approach, namely research on legal products. In this study the authors found that legal protection for victims of catcalling is still inadequate, judging from the lack of accommodation of repressive legal protection, this is because there are no specific rules governing the act of catcalling.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132948233","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}
引用次数: 0
Circulation of Drugs Without a Permit Seen from the Side of Law Enforcement 从执法角度看毒品非法流通
Estudiante Law Journal Pub Date : 2022-10-15 DOI: 10.33756/eslaj.v4i2.18355
David Lintangadi, Nuvazria Achir
{"title":"Circulation of Drugs Without a Permit Seen from the Side of Law Enforcement","authors":"David Lintangadi, Nuvazria Achir","doi":"10.33756/eslaj.v4i2.18355","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18355","url":null,"abstract":"This study aims to determine the circulation of drugs without a permit seen from the side of law enforcement. The method used in this research is the research methodology used is empirical research and uses a qualitative descriptive approach and qualitative analysis techniques. The results of this study indicate that law enforcement carried out by the Food and Drug Supervisory Agency includes two things, namely law enforcement before a case occurs and law enforcement after a case occurs. Law enforcement before a case occurs is usually carried out to provide socialization in the community and schools regarding awareness of the legal dangers of drug distribution without BPOM permission. While law enforcement after a case has occurred, the authorities usually take repressive action where the action takes the form of a legal process by applicable regulations.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124822424","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}
引用次数: 0
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