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Empirical Review Of The Causes Of Children To Permit The Act Of Theft 儿童允许偷窃行为原因的实证分析
Pub Date : 2021-06-11 DOI: 10.33756/eslaj.v3i2.15793
Nahdhatul Botutihe
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
本研究旨在确定儿童偷窃行为的原因。本研究使用的方法是实证或社会学研究方法。本研究采用定性方法和抽样,使用有目的的抽样和使用描述性分析技术。研究结果表明,儿童实施盗窃犯罪的原因包括经济因素、教育因素和环境因素。这三个因素在人的一生中是非常有影响力的,尤其是对孩子来说,因为其中一些因素没有得到满足,那么间接地孩子的心态就没有发展到他对犯罪的认识。纵观影响儿童偷窃行为的几个因素,它们是相互关联的。人们高度期望政府和授权机构提供有关盗窃犯罪的危险和不良影响的教育。此外,当地政府还关心那些因弱势而辍学或受到压力的儿童
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引用次数: 0
Overview Of The Crime Of Management Of Severe Massage 严重推拿管理罪概述
Pub Date : 2021-06-11 DOI: 10.33756/eslaj.v3i2.15819
Julaeha Kamaru
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.
本研究旨在确定严重迫害罪的处理方式。本研究使用的方法是实证或社会学研究方法。本研究采用定性方法和有目的抽样。研究结果表明,非刑事虐待的实施分为预防对策和压制对策两个阶段。关于预防性对策,执法人员采取了几项措施,以防止发生迫害犯罪行为,特别是那种严重的虐待行为,包括在这一预防阶段进行的犯罪行为,如法律咨询、在某些地区巡逻和进行bhabinkamtibmas。同时,在镇压对抗阶段,当然是执法机关为防止迫害犯罪行为的发生而采取的最后行动。在这一对策阶段,如果有违反适用法律法规的行为,执法人员必须按照程序进行法律程序处理。戈龙塔洛市政府也有望在处理犯罪行为问题方面作出贡献,这些犯罪行为的肇事者应受到适当的惩罚,这也是因为考虑到这种严重的迫害对人们的生活有很大的影响。
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引用次数: 0
Normative Review Of Indigenous Community Rights In Mining Areas 矿区土著社区权利的规范性审查
Pub Date : 2021-06-11 DOI: 10.33756/eslaj.v3i2.15799
Dhea Meila Fitriani
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.
本研究旨在确定矿区土著人民的权利。研究方法是采用描述性方法和定性分析技术的规范性研究方法。这项研究的结果表明,土著人民在采矿界的权利和义务的地位仍然很不明确,也未能在《矿物和煤炭法》中提供明确和毫不含糊的保护。1945年《宪法》第18B(2)条作为土著人民的宪法基础之一,规定国家承认并尊重土著人民的存在和权利。然而,这种承认为一个社区被承认为习惯法社区设定了限制或要求。政府必须完全负责保护和提供渠道和论坛,使土著人民在维持其生存的过程中维护其权利。
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引用次数: 1
Basis for Judges' Considerations in Decisions on Persecution Cases 法官对迫害案件判决的考虑依据
Pub Date : 2021-06-11 DOI: 10.33756/eslaj.v3i2.15792
Putri Alya Zalsabila Hasan
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
本研究旨在确定法官在迫害案件中作出判决的依据。作者在本研究中使用的研究方法是规范研究。研究方法采用分析描述性和定性分析技术。研究结果表明,法官的考虑依据有三个方面,即法律事实、证据和法官的信念。这三件事将使法官对犯罪行为的肇事者作出判决,在这种情况下是被告。这三点已载于公诉人的起诉书中,然后法官将对起诉书进行总结和分析,以说服法官根据被告的行为实施制裁。以被告承诺不再重复其行为的形式对被告来说应该是减刑的,不应作为法官判决案件的考虑因素。这可能是为了获得法官的同情而装腔作势。因此,必须把考虑的重点放在被告的行为上
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引用次数: 0
Act Of Settlement By Investigators Against Alleged Adultery 调查人员对通奸指控的和解行为
Pub Date : 2021-06-11 DOI: 10.33756/eslaj.v3i2.15822
Rifki Wahyudi Haris
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.
摘要:本研究旨在确定侦查人员对通奸罪的处理方式。本研究使用的方法是实证或社会学研究方法。本研究采用定性方法,并采用有目的抽样和描述性分析技术进行抽样。这项研究的结果表明,戈伦塔洛警察管辖范围内的涉嫌通奸犯罪行为的解决是通过预防性努力进行的,即在每个村庄和村庄进行社会化或咨询。然后,戈伦塔洛警察经常巡逻,命令或防止法律禁止的行为,包括通奸行为,警察或戈伦塔洛警察的调查人员进行镇压努力的形式是通过调查、逮捕、调查,直到司法部门,然后由法官决定。警方的镇压努力是基于现有的初步证据,因为这个通奸案件是一个控诉,当然可以被驳回,因为当事人受到伤害或被塔纳根抓住。调查人员必须更加勇敢,在打击卖淫或通奸罪方面提供更严格和更直接的执法。
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引用次数: 0
The Disparity Of Judge's Decisions In The Same Criminal Act Of Corruption 同一腐败犯罪行为中法官判决的差异
Pub Date : 2021-02-10 DOI: 10.33756/eslaj.v0i0.15686
Wahyuni Malanua
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.
本研究的目的是找出造成腐败犯罪行为判决中刑事制裁差异的因素是什么,以及成为法官,特别是戈龙塔洛地区法院对腐败犯罪作出判决时考虑的法律依据。使用的研究类型是规范性法律研究,采用法定和概念方法,对于这种方法,使用了几种主要法律材料,即与研究对象相关的法律和法规,并以书籍,期刊和其他来源的形式支持次要法律材料。本研究的结论发现,戈龙塔洛地方法院第18/Pid号判决书对两项不同判决的比较结果存在差异。su - tpk /2020/PNGto给国家造成了430亿美元的损失,在第1/ Pid号决定中只被判处1年6个月的监禁。sus -TPK/2018/PNGto给国家造成了高达10亿美元的损失,却被判处4年以上的监禁,可以说是判决的差异。
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引用次数: 0
Legal Position for the Implementation of Inheritance Distribution 遗产分配实施的法律地位
Pub Date : 2021-02-10 DOI: 10.33756/eslaj.v0i0.15014
Ridwan Hulalata
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.
摘要:本研究旨在确定北博朗蒙贡多县西博朗伊塘区索诺村遗产分配的法律地位。这种类型的研究是规范-经验的,通过采取社会学法学研究方法(社会学法学),该方法以关于规范系统的法律规定为基础,但观察规范系统在社会中运作时如何发生反应和相互作用。基于这一观点,运用社会学法学方法的实证法律研究是一种研究。研究结果表明,索诺村人所采用的遗产分割方式是采用传统程序进行的。继承的财产归继承人所有,不分男女。有的父母在他生前把财产分给继承人,也有的在继承人死后分给继承人。从那时起,索诺村的人更倾向于从祖先/村庄习俗中传承下来的遗产分享计划。直到现在,索诺村这个还不能被称为现代社会的村落,在确定遗产分配时,仍然坚持着父辈传下来的信仰或信仰,这与伊斯兰教法在确定遗产分配上的观点肯定是不同的。
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引用次数: 0
Assessing The Causes Of Household Abandonment 家庭遗弃的原因评估
Pub Date : 2021-02-10 DOI: 10.33756/eslaj.v0i0.15741
Resta Relita Munte
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.
本研究旨在确定家庭忽视的原因。本研究使用的方法是实证或社会学研究方法。本研究采用定性方法、有目的抽样和描述性分析技术。本研究结果表明,家庭忽视的成因受内部因素和外部因素两方面的影响。内部因素可引起教育心理的不稳定,使其经常违反法律规定和自我意识因素。同时,外部因素可能来自外部,如周围环境和家庭关系不和谐。忽视家庭可能导致家庭暴力。因此,有关各方,在这种情况下是机构,应授权保护妇女,并必须积极开展反对家庭暴力运动,更具体地说,是家庭中的忽视。
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引用次数: 0
Factors Inhibiting the Effectiveness of Enforcement Article 106 Paragraph (1) of the Traffic Law No. 22 of 2009 2009年交通法规第22号第106条第(1)项
Pub Date : 2021-02-10 DOI: 10.33756/eslaj.v0i0.15761
Salman Haris
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).
本研究旨在调查警方在处理2009年第22号法律第106条第(1)款的交通违法行为方面所做的努力,以及在Gorontalo市管辖范围内,阻碍警方执行2009年第22号法律第106条第(1)款的因素。本研究采用实证研究方法,从真正意义上看待法律,并研究法律如何在社区中发挥作用。这项研究的结果是,Gorontalo市警察Satlantas警察在努力解决违反2009年第22号法律第106条第1款的行为方面的作用包括预防和镇压努力,结果不是最大和全面的,因为教育和社会化交通规则知识的目标,特别是第106条第1款,只针对几个机构,包括学校和大学以及某些地区。但是,对能够在克服违法交通数量方面发挥积极作用的所有因素和利益攸关方进行的教育和社会化很少。警察在执行第106条第1款时所面临的障碍或因素受以下几个因素的影响,包括:执法因素;在行动或突袭中缺乏警察,社区因素;缺乏法律意识和公众对交通规则和道路交通的知识以及社区固有的法律文化,然后是基础设施因素;障碍在采购警察岗位和现场交通(闭路电视)。
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引用次数: 0
Overview Of Criminology Of Criminal Actions Of Narcotics In Jayabakti Village 贾亚巴克提村毒品犯罪行为犯罪学综述
Pub Date : 2021-02-10 DOI: 10.33756/eslaj.v0i0.15674
Ronaldi Timpola
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..
本研究的目的是通过犯罪学审查确定和分析导致邦盖县人民滥用毒品的因素,特别是在Jayabakti村,以及预防Jayabakti村滥用毒品的努力。使用的研究类型是实证或实地研究与案例方法(案例方法)。研究结果表明,造成Jayabakti村毒品滥用的因素包括外来者(非本地社区)的进入、教育、经济和村庄安全监管薄弱等。此外,还作出预防努力,使社区不参与滥用麻醉品,其中包括预防措施:灌输道德价值观,作为防止不受影响和陷入滥用麻醉品的主要堡垒,并向公众提供有关使用毒品危险的正确和深入的信息。毒品。预防工作:对父母和家庭、社区环境以及地方政府在宣传麻醉品危险方面的作用进行沟通监督和指导。镇压措施:Banggai警察和BNN开展的执法行动,在RUTAN改造肇事者,使肇事者有强烈的康复愿望,并提供技能培训。
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引用次数: 0
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Estudiante Law Journal
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