Estudiante Law Journal最新文献

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Legitimacy of Criminal Law in Lieu of Fines in Corruption 刑法代替罚款在腐败案件中的正当性
Estudiante Law Journal Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16214
Rizki Herman
{"title":"Legitimacy of Criminal Law in Lieu of Fines in Corruption","authors":"Rizki Herman","doi":"10.33756/eslaj.v4i2.16214","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16214","url":null,"abstract":"This study aims to analyze the criminal regulation of confinement in lieu of fines in criminal law in Indonesia, as well as to examine whether the application of imprisonment is a substitute for fines in corruption by law enforcement in Indonesia. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that law enforcement refers to the provisions of criminal confinement, which are contained in Article 10 of the Criminal Code, which then substitutes for imprisonment in Article 30 and Article 31 of the Criminal Code.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121232061","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
International Legal Regulations Concerning Launching of Russian Anti-Satellite Weapon Missiles Reviewed in Space Law Perspective 空间法视角下关于俄罗斯反卫星武器导弹发射的国际法律规制
Estudiante Law Journal Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.15943
Mohammad Rifki Daud, A. Harun
{"title":"International Legal Regulations Concerning Launching of Russian Anti-Satellite Weapon Missiles Reviewed in Space Law Perspective","authors":"Mohammad Rifki Daud, A. Harun","doi":"10.33756/eslaj.v4i2.15943","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.15943","url":null,"abstract":"The development of weapons technology is currently very advanced and competitive, one of which is the Anti-Satellite weapon (ASAT) technology. ASAT has become a real threat to the sustainability of the space environment, this is because ASAT has the potential to damage international peace and security, trigger an arms race, and increase the amount of space debris orbiting the earth. The absence of regulations that specifically regulate ASAT makes countries feel free to conduct anti-satellite missile test launches. For example, in 2021 Russia conducted an ASAT test targeting the Cosmos-1408 satellite. Using normative juridical research and research approaches with statute approach, case approach, and analytical approach, the author wants to study and analyze international legal arrangements regarding the launch of Anti-Satellite Weapon (ASAT) missiles and the legal consequences against Russia as the country that launches Anti-Satellite Weapon (ASAT) missiles. Based on the results of the study, the researchers found that there were no regulations specifically limiting ASAT, but the regulation in question should have been contained in the Outer Space Treaty 1967 as the basis for regulating all activities related to space, then further legal consequences against Russia for launching anti-missile missiles. -satellite, namely Russia is obliged to be responsible in terms of responsibility and liability in terms of liability and is strengthened by the principle of liability based on fault as stated in the Liability Convention 1972.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123629851","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
Torture of Suspects in The Investigation Process 侦查过程中嫌疑人的刑讯逼供
Estudiante Law Journal Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16212
Rifaldi W. Hasim
{"title":"Torture of Suspects in The Investigation Process","authors":"Rifaldi W. Hasim","doi":"10.33756/eslaj.v4i2.16212","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16212","url":null,"abstract":"Abstract: This study aims to analyze the juridical review of acts of violence committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police, as well as to examine the factors that led to violent acts committed by investigators against suspects in the investigation process at the Bone Bolango Resort Police. This type of research is juridical empirical. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and; the Case approach (case approach). The results of the study indicate that the use of violence in the investigation process is prohibited because the suspect still has rights attached to him and guaranteed by the state through Law Number 8 of 1981 concerning the Criminal Procedure Code (Book of the Criminal Procedure Code). The use of violence in the investigation process is caused by the ignorance of the suspect/defendant regarding the law and the rights that are still attached to it.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126257249","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
Barriers to the Implementation of Electronic Tickets 实施电子票务的障碍
Estudiante Law Journal Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.15986
Mohamad Duengo
{"title":"Barriers to the Implementation of Electronic Tickets","authors":"Mohamad Duengo","doi":"10.33756/eslaj.v4i2.15986","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.15986","url":null,"abstract":"Abstract:This study aims to determineforms of obstacles in the implementation of electronic ticketing. 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 showthat the obstacles in the implementation of the electronic ticket are several things that can affect the ticket not going as expected, including the lack of socialization where this will provide understanding to the public, especially for those road users to be obedient to traffic rules and be aware of function of the electronic ticket applied by law enforcement road traffic department. Furthermore, the second obstacle is that the vehicle plate does not match the owner, meaning that for example a vehicle has changed hands or for example the first party has sold its vehicle to a second party, so that once the second party violates traffic, the electronic ticket will only be sent to the first owner this is because the vehicle that has been purchased has not been reversed by the second party, so this can hinder the passage of the electronic ticket. While the third obstacle in electronic ticketing is the existence of motorbike rentals, where when the motorbike borrower commits a violation, the ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets. where when a motorbike borrower commits a violation, a ticket will only be sent to the motorbike owner from the first party. Therefore, this will make it difficult for law enforcement to impose sanctions on traffic violators through electronic tickets.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122071595","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
Mechanism of Legal Protection Against the Eradication of The Crime of Human Trafficking 打击人口贩运犯罪的法律保护机制
Estudiante Law Journal Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16215
Hendriyanto Butota
{"title":"Mechanism of Legal Protection Against the Eradication of The Crime of Human Trafficking","authors":"Hendriyanto Butota","doi":"10.33756/eslaj.v4i2.16215","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16215","url":null,"abstract":"This study aims to analyze how the protection of human trafficking is in the Law on the Eradication of the Crime of Human Trafficking, and to examine the ideal protection mechanism for human trafficking. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that legal protection for criminal acts of trafficking in persons is generally regulated in various laws and regulations in Indonesia. The legal protection policy is directed at several aspects, namely: restitution and compensation, counseling services and medical assistance, legal assistance, and information provision. Indonesia must have a regulation that can protect against problems arising from acts of human trafficking carried out between countries.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132278938","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
Fundamental Implementation of Green Open Space Function Arrangement in Gorontalo City 哥伦塔洛市绿色开放空间功能安排的基本实施
Estudiante Law Journal Pub Date : 2022-01-28 DOI: 10.33756/eslaj.v0i0.12867
Novita Daud, D. Ismail, Nirwan Junus
{"title":"Fundamental Implementation of Green Open Space Function Arrangement in Gorontalo City","authors":"Novita Daud, D. Ismail, Nirwan Junus","doi":"10.33756/eslaj.v0i0.12867","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.12867","url":null,"abstract":"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126283942","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
Effectiveness of Impeachment Against Deputy Regent of Gorontalo Regency 对戈伦塔洛摄政王副摄政王弹劾的有效性
Estudiante Law Journal Pub Date : 2022-01-28 DOI: 10.33756/eslaj.v0i0.13287
Luksiana Lasimpala, Lisnawaty W. Badu, Novendri M. Nggilu
{"title":"Effectiveness of Impeachment Against Deputy Regent of Gorontalo Regency","authors":"Luksiana Lasimpala, Lisnawaty W. Badu, Novendri M. Nggilu","doi":"10.33756/eslaj.v0i0.13287","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.13287","url":null,"abstract":"The purpose of this research is to know and analyze the Legal Regulation of The Impeachment of Regional Heads and/or Deputy Heads of Regions according to The Provisions of Law No. 23 of 2014 on Local Government and the effectiveness of impeachment against the deputy Regent of Gorontalo Regency. The type of research used by researchers in the preparation of this study is to use normative research types that are supported by the existence of field data (empirical) using   2 (two) approaches, namely the Legislative And Case Approach.  The results of this study show that the effectiveness of impeachment against the deputy Regent of the Gorontalo Regency is influenced by 3 (three)factors that affect the effectiveness of dismissal against the deputy Regent of the Gorontalo Regency, namely: the legal factor.   alone, where there is no normative framework that regulates the law of dismissal events in the head of the region, second, law enforcement factors, namely regarding the competence of judges in the break the case and the unclear involvement of legal counsel (advocate), third, the legal culture factor characterized by the disobedience of the Ministry of Home Affairs to the deadline which has been made imitatively in Law 23 of 2014 concerning Local Government. ","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127541376","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
The Role Of Investigators In Criminal Acts Of Umrah Scam 调查人员在朝觐诈骗犯罪行为中的作用
Estudiante Law Journal Pub Date : 2022-01-06 DOI: 10.33756/eslaj.v4i2.16173
Wirnangsi Puluhulawa, M. R. Puluhulawa, N. M. Nggilu, Apripari Apripari
{"title":"The Role Of Investigators In Criminal Acts Of Umrah Scam","authors":"Wirnangsi Puluhulawa, M. R. Puluhulawa, N. M. Nggilu, Apripari Apripari","doi":"10.33756/eslaj.v4i2.16173","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16173","url":null,"abstract":"The research objective is to find out the role of investigators in the umrah scam in Gorontalo and the factors causing the umrah scam in Gorontalo. The method used in this current research is empirical legal research. The research findings show that the Umrah scam cases in Gorontalo increase in, and they are not only committed by unlicensed travel agencies but also those who have obtained permits. There are various forms of scam, ranging from cancellation of departure, abandonment of pilgrims to promise breaking of Umrah travel service providers so that pilgrims experience disappointment. In this case, there has been an increasing number of detrimental cases against Umrah pilgrims, including in Gorontalo. In addition, the factors that cause hajj and umrah travel scam are divided into several types including: factors originating from the perpetrator, family factor, economic factor, environmental factor, cultural factor, and community factor or victims. In the meantime, the roles of police or investigators in dealing with hajj and umrah travel scam are to conduct examination of potential suspects and witnesses who corroborate a report, and conduct a review of the scene of the case after having a strong testimony from witnesses and then carry out an investigation. Also, the police’s efforts are to enlighten and do socialization from the Ministry of Religious Affairs and the people related to the office regarding the list of travel that has a permit as an Umrah Travel Organizer. ","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121558029","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
Herd Immunity VS Human Rights 群体免疫VS人权
Estudiante Law Journal Pub Date : 2021-10-07 DOI: 10.33756/eslaj.v3i3.16220
D. Habi, Lisnawaty W. Badu, Jufryanto Puluhulawa3
{"title":"Herd Immunity VS Human Rights","authors":"D. Habi, Lisnawaty W. Badu, Jufryanto Puluhulawa3","doi":"10.33756/eslaj.v3i3.16220","DOIUrl":"https://doi.org/10.33756/eslaj.v3i3.16220","url":null,"abstract":"Abstract: This study aims to analyze law enforcement for people who refuse vaccination from the perspective of human rights, as well as to examine the obstacles faced by law enforcement in enforcing the law for people who refuse vaccination. This type of research is juridical empirical. The approach used in this research is the statute approach and the case approach. The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. The results show that the Government and the Covid-19 task force tend to provide education and rewards to people who want to be vaccinated and provide administrative sanctions for those who refuse, especially the space for movement and regulation of vaccine card requirements in receiving public services by the government and the police. The thing that hinders the process of vaccination to the public is the doubts that arise in the community about the safety and halalness of vaccines caused by hoax news from sources that are not credible.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"7 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128767865","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: 1
Legal Protection Of Clients Without Contract On Legal Services According To Consumer Protection Law 消费者保护法对法律服务中无合同委托人的法律保护
Estudiante Law Journal Pub Date : 2021-10-07 DOI: 10.33756/eslaj.v3i3.16230
Islamiati M. Umar, Nirwan Junus, Melissa Towadi
{"title":"Legal Protection Of Clients Without Contract On Legal Services According To Consumer Protection Law","authors":"Islamiati M. Umar, Nirwan Junus, Melissa Towadi","doi":"10.33756/eslaj.v3i3.16230","DOIUrl":"https://doi.org/10.33756/eslaj.v3i3.16230","url":null,"abstract":"This article discusses the legal protection of clients without contracts in legal services according to Law no. 8 of 1999 concerning Consumer Protection The purpose of this article is to find out the relationship between lawyers and clients in legal service agreements and to find out legal protection for clients without contracts on legal services according to Law no. 8 of 1999 concerning Consumer Protection. The method used is a normative article using library data. The result of this article is that the relationship between advocates and clients is a relationship in the form of a symbiotic mutualism that requires each other, as regulated in the Law on Advocates No. 18 of 2003 concerning Advocates that Advocates and Clients each have rights and obligations. where the advocate is obliged to provide legal assistance to the client and is entitled to an honorarium for his services. Meanwhile, the client is obliged to provide an honorarium to the advocate and is entitled to legal assistance from the advocate. while the legal protection to clients in the legal service agreement is regulated in Law no. 8 of 1999 concerning Consumer Protection, as well as the settlement method, namely through the general judiciary, the Advocate Code of Ethics Council Session, and arbitration.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"428 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126081769","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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