Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.16319
Rahman Towadi, A. Harun
This study aims to analyze the management of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency, and to find out the constraints of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency. this type of research is a type of empirical juridical research. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and the case approach (case approach). In this case, the data collection that will be used in this study includes several steps, namely through observation, interviews, and documentation. The results of the study indicate that the management of BUMDes in strengthening economic business in the Teratai village has been running effectively, as seen from the several business units that have been run which have been able to increase the economy and village income. There are several obstacles faced in the management of BUMDes, namely human resources and inadequate facilities and infrastructure.
{"title":"Strengthening Bumdes Governance as A Village Economic Growth Milletle","authors":"Rahman Towadi, A. Harun","doi":"10.33756/eslaj.v4i2.16319","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16319","url":null,"abstract":"This study aims to analyze the management of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency, and to find out the constraints of BUMDes in strengthening economic enterprises in Teratai Village, Tabongo District, Gorontalo Regency. this type of research is a type of empirical juridical research. The approaches used by researchers in compiling this research are, among others: the Legislative Approach (Statue Approach) and the case approach (case approach). In this case, the data collection that will be used in this study includes several steps, namely through observation, interviews, and documentation. The results of the study indicate that the management of BUMDes in strengthening economic business in the Teratai village has been running effectively, as seen from the several business units that have been run which have been able to increase the economy and village income. There are several obstacles faced in the management of BUMDes, namely human resources and inadequate facilities and infrastructure.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132979552","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18461
Risdayun Limbong
The purpose of this research is to know and analyze abouthow to eradicate it is an issue that is constantly being debated, one of which is the criminal act of obscenity by children. Sexual crimes committed by children often occur, especially in the jurisdiction of the Boalemo Police, and the factors that cause acts of obscenity committed by minors in the Legal Area of Boalemo Regency are caused by internal (family and gender) and external factors. (environment, internet and liquor as well as low education and economy). Efforts to deal with sexual abuse in the jurisdiction of the Boalemo Police are preventive, repressive, curative, delinquent from a criminological perspective and pre-emtief.
{"title":"Eradication of Criminal Acts of Obscenity by Children","authors":"Risdayun Limbong","doi":"10.33756/eslaj.v4i2.18461","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18461","url":null,"abstract":"The purpose of this research is to know and analyze abouthow to eradicate it is an issue that is constantly being debated, one of which is the criminal act of obscenity by children. Sexual crimes committed by children often occur, especially in the jurisdiction of the Boalemo Police, and the factors that cause acts of obscenity committed by minors in the Legal Area of Boalemo Regency are caused by internal (family and gender) and external factors. (environment, internet and liquor as well as low education and economy). Efforts to deal with sexual abuse in the jurisdiction of the Boalemo Police are preventive, repressive, curative, delinquent from a criminological perspective and pre-emtief. ","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116186833","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18254
Rahmat M Kau
This study aims to determine the factors causing crimes against the circulation of counterfeit money. The method used in this study is an empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study show that the factors causing crimes against the circulation of counterfeit money include economic factors, self-benefit factors, low education factors and factors of opportunities to commit crimes, environmental factors, and technological factors. In preventing the crime of circulating counterfeit banknotes in the city of Gorontalo, in this case, the police must strictly enforce and play an active role if they receive complaints from the community. The police must be able to take precautions before the perpetrators or individuals who play the opportunity circulate counterfeit money.
{"title":"Causing Factors Crimes Against the Circulation of Counterfeit Money","authors":"Rahmat M Kau","doi":"10.33756/eslaj.v4i2.18254","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18254","url":null,"abstract":"This study aims to determine the factors causing crimes against the circulation of counterfeit money. The method used in this study is an empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study show that the factors causing crimes against the circulation of counterfeit money include economic factors, self-benefit factors, low education factors and factors of opportunities to commit crimes, environmental factors, and technological factors. In preventing the crime of circulating counterfeit banknotes in the city of Gorontalo, in this case, the police must strictly enforce and play an active role if they receive complaints from the community. The police must be able to take precautions before the perpetrators or individuals who play the opportunity circulate counterfeit money.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133318202","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18348
Siti Hardiyanti Abas
The purpose of this study was to find out whether or not the District Court's decision in decision No. 18/Pid.Sus-TPK/2020/Pn Gto and No. 09/Pid.Sus-TPK/2021/Pn Gto and the factors behind the differences in the imposition of sanctions in the two cases. The research method is normative research. Research resultverdict no. 18/Pid.Sus-TPK/2020/Pn Gto the three pieces of evidence which were one of the judge's considerations in imposing a sentence on the defendant. The fact of the trial was that the defendant had been legally proven to have committed a crime that was detrimental to the state so through the two conditions for imposing a sentence, the judge's conviction was built that the defendant was the perpetrator so that the decision was appropriate as a criminal responsibility committed by the defendant. Verdict No. 09/Pid.Sus-TPK/2021/Pn Gto because no evidence was found in the form of letters and witness statements which could prove that the defendant had committed a crime. The fact of the trial formed the judge's belief that the defendant was not proven to have committed a crime and the defendant must be acquitted of all lawsuits.
{"title":"Differences In the Imposition of Corruption Criminal Sanctions","authors":"Siti Hardiyanti Abas","doi":"10.33756/eslaj.v4i2.18348","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18348","url":null,"abstract":"The purpose of this study was to find out whether or not the District Court's decision in decision No. 18/Pid.Sus-TPK/2020/Pn Gto and No. 09/Pid.Sus-TPK/2021/Pn Gto and the factors behind the differences in the imposition of sanctions in the two cases. The research method is normative research. Research resultverdict no. 18/Pid.Sus-TPK/2020/Pn Gto the three pieces of evidence which were one of the judge's considerations in imposing a sentence on the defendant. The fact of the trial was that the defendant had been legally proven to have committed a crime that was detrimental to the state so through the two conditions for imposing a sentence, the judge's conviction was built that the defendant was the perpetrator so that the decision was appropriate as a criminal responsibility committed by the defendant. Verdict No. 09/Pid.Sus-TPK/2021/Pn Gto because no evidence was found in the form of letters and witness statements which could prove that the defendant had committed a crime. The fact of the trial formed the judge's belief that the defendant was not proven to have committed a crime and the defendant must be acquitted of all lawsuits.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127080580","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.16318
Ridho Mamonto
This study aims to analyze the concept of resolving criminal acts in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, as well as to examine aspects of legal certainty in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The type of research in writing this proposal is normative research, namely research that examines the study of documents such as legislation, court decisions, and legal theory. The approaches used by researchers in compiling this research are, among others: the Invitation Approach (Statue Approach). The results showed that in the Prosecutor's Regulation No. 15 of 2020, criminal cases can be closed by law and prosecuted based on Restorative Justice, except for recidivists. Prosecutor's Regulation No. 15 of 2020 lies in the guidelines that have been created and determined and are limited by requirements in their implementation.
{"title":"Restorative Justice Alternative Criminal Case Settlement In Indonesia","authors":"Ridho Mamonto","doi":"10.33756/eslaj.v4i2.16318","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16318","url":null,"abstract":"This study aims to analyze the concept of resolving criminal acts in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, as well as to examine aspects of legal certainty in the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The type of research in writing this proposal is normative research, namely research that examines the study of documents such as legislation, court decisions, and legal theory. The approaches used by researchers in compiling this research are, among others: the Invitation Approach (Statue Approach). The results showed that in the Prosecutor's Regulation No. 15 of 2020, criminal cases can be closed by law and prosecuted based on Restorative Justice, except for recidivists. Prosecutor's Regulation No. 15 of 2020 lies in the guidelines that have been created and determined and are limited by requirements in their implementation.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126585308","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18183
Maryam Naway, Nurul Fazri Elfikri
The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes.
{"title":"Untangling the Causes of Land Ownership Disputes","authors":"Maryam Naway, Nurul Fazri Elfikri","doi":"10.33756/eslaj.v4i2.18183","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18183","url":null,"abstract":"The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes. ","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132935416","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18277
Febriyana Febiola Onggi
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.
{"title":"Sanctions for Criminal Trafficking in Persons","authors":"Febriyana Febiola Onggi","doi":"10.33756/eslaj.v4i2.18277","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18277","url":null,"abstract":"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.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133270811","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.16229
Srynovia Wati Amu, Nurul Fazri Elfikri
The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchase of landShared Property Rights (Boedel) Those Who Are Still Disputingwill not continue in making the deed of sale and purchase when one of them still objected or is still in dispute because it is already contained in the laws and regulations but in other studies will still accept the disputed on the condition that mediation must be carried out so that the problem can be solved and PPAT's efforts in completing the deed of sale and purchase of land common property rights, namely by conducting deliberation.
{"title":"Responsibilities of Land Deed Officials In Disputes of Making Deeds of Sale and Purchase of Inherited Land","authors":"Srynovia Wati Amu, Nurul Fazri Elfikri","doi":"10.33756/eslaj.v4i2.16229","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.16229","url":null,"abstract":"The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchase of landShared Property Rights (Boedel) Those Who Are Still Disputingwill not continue in making the deed of sale and purchase when one of them still objected or is still in dispute because it is already contained in the laws and regulations but in other studies will still accept the disputed on the condition that mediation must be carried out so that the problem can be solved and PPAT's efforts in completing the deed of sale and purchase of land common property rights, namely by conducting deliberation.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133713224","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18666
Delsfie Adelia Rauf
Abstract: This study aims to determine Legal Protection for Consumers for Damage to Goods by Sea. The method used in this study is empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study indicate that legal protection for consumers for damage to goods by sea, there are several things, namely the protection provided by the expedition in the form of responsibility for losses suffered by the consumer. This responsibility is in the form of providing compensation for damaged goods while being transported by our expedition, in this case, PT MAE Cargo Gorontalo. In addition, there are forms of legal protection provided by consumer protection regulations, including those contained in Article 7 letter f of the consumer protection law by imposing business actors to provide compensation and compensation for goods received by consumers in a damaged condition.
摘要:本研究旨在探讨海上货物损害消费者的法律保护问题。本研究使用的方法是实证法律研究方法,并采用定性方法来描述定性分析技术。本研究结果表明,消费者对海上货物损害的法律保护主要有几方面,即对消费者所遭受的损失承担责任的形式提供的保护。这种责任的形式是为我们的探险队在运输过程中损坏的货物提供赔偿,在这种情况下,是PT MAE Cargo Gorontalo。此外,消费者保护条例提供了多种形式的法律保护,包括《消费者保护法》第7条第f款所载的法律保护,规定商业行为者对消费者收到的受损商品提供赔偿和补偿。
{"title":"Legal Protection for Consumers for Damage to Goods by Sea","authors":"Delsfie Adelia Rauf","doi":"10.33756/eslaj.v4i2.18666","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18666","url":null,"abstract":"Abstract: This study aims to determine Legal Protection for Consumers for Damage to Goods by Sea. The method used in this study is empirical legal research methodology and uses a qualitative approach to descriptive qualitative analysis techniques. The results of this study indicate that legal protection for consumers for damage to goods by sea, there are several things, namely the protection provided by the expedition in the form of responsibility for losses suffered by the consumer. This responsibility is in the form of providing compensation for damaged goods while being transported by our expedition, in this case, PT MAE Cargo Gorontalo. In addition, there are forms of legal protection provided by consumer protection regulations, including those contained in Article 7 letter f of the consumer protection law by imposing business actors to provide compensation and compensation for goods received by consumers in a damaged condition. ","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1547 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128067717","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}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18248
Alim Tombili
This study aims to find out how the settlement pattern is used in the division of inheritance property in North Tamaila village and what factors are obstacles at the time of the division of inheritance property. Emperis type of research with a Case approach. result research shows the pattern of dispute resolution through several stages, the first stage which is known as "Mopotihuloo Ahali Lo Wutato"(deliberation between family and heirs) is the first stage of conducting deliberations internally family between the extended family of the parties to the dispute but did not find the result of the agreement, the second stage is carried out, namely mediation, The inhibiting factor in the settlement of inheritance disputes consists of two factors, internal and external factors internal factors include low education, economy, and low religious understanding. Meanwhile, external factors factor in the lack of socialization from the government and counseling by traditional figures related to the system of distribution of inheritance both in the perspective of goGorontaloustomary law, civil law, and Islamic law.
本研究旨在了解北塔米拉村在遗产分割中如何运用聚落模式,以及在遗产分割时存在哪些阻碍因素。帝国主义式的研究与案例方法。结果研究表明,纠纷解决的模式通过几个阶段,第一阶段被称为“Mopotihuloo Ahali Lo Wutato”(家族与继承人之间的商议),第一阶段是在家族内部进行商议,但没有找到协议的结果,第二阶段是进行调解,即调解。内部因素和外部因素内部因素包括教育程度低,经济状况差,对宗教的了解程度低。与此同时,从国家习惯法、民法和伊斯兰教法的角度来看,与遗产分配制度相关的政府和传统人士的咨询缺乏社会化的外部因素。
{"title":"Settlement of Estate Disputes in Review From a Legal Anthropological Perspective","authors":"Alim Tombili","doi":"10.33756/eslaj.v4i2.18248","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18248","url":null,"abstract":"This study aims to find out how the settlement pattern is used in the division of inheritance property in North Tamaila village and what factors are obstacles at the time of the division of inheritance property. Emperis type of research with a Case approach. result research shows the pattern of dispute resolution through several stages, the first stage which is known as \"Mopotihuloo Ahali Lo Wutato\"(deliberation between family and heirs) is the first stage of conducting deliberations internally family between the extended family of the parties to the dispute but did not find the result of the agreement, the second stage is carried out, namely mediation, The inhibiting factor in the settlement of inheritance disputes consists of two factors, internal and external factors internal factors include low education, economy, and low religious understanding. Meanwhile, external factors factor in the lack of socialization from the government and counseling by traditional figures related to the system of distribution of inheritance both in the perspective of goGorontaloustomary law, civil law, and Islamic law.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115358613","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}