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Empire Juridic Analysis in Coconut Plantation Land Dispute Case 椰园土地纠纷案件的帝国法律分析
Pub Date : 2022-06-14 DOI: 10.33756/eslaj.v4i2.16256
Nuriyanti Santili
The purpose of this study was to find out how the empirical juridical analysis of coconut plantation disputes in botutonuo village. This study uses a type of empirical juridical research, which places facts in the field as the main data in the study. Sources of data used are primary data as the main data (the results of observations, field interviews, and documentation), and secondary data such as books, laws, regulations, and scientific works. While the population and samples used are the Botutonuo Village Office, the parties involved, the community, and the Botutonuo Village government. The results show that the empirical juridical analysis of coconut plantation disputes in botutonuo village is that the judge in deciding this dispute was correct based on the facts revealed in court by deciding that the defendants were found guilty of controlling the object of the dispute unilaterally and had sold it to someone else and the cause of the dispute. Coconut plantations in botutonuo village are caused by the pattern of responding to inheritance law regulations and secondly supporting factors such as the greed of the disputing parties, not distributing the inheritance immediately, and the lack of good faith.
摘要本研究的目的在于探讨如何运用实证法分析巴屯诺村的椰子种植纠纷。本研究采用一种实证法学研究方法,将实地事实作为研究的主要数据。使用的数据来源是作为主要数据的原始数据(观察结果、实地访谈和文件),以及次要数据,如书籍、法律、法规和科学著作。而使用的人口和样本是Botutonuo村办事处,有关各方,社区和Botutonuo村政府。结果表明,对波顿诺村椰子种植园纠纷的实证司法分析是,法官根据法庭披露的事实,认定被告单方控制纠纷客体并将其出售给他人的罪名成立,认定纠纷发生的原因是正确的。波图托诺村的椰子种植园是由响应继承法规定的模式造成的,其次是纠纷双方的贪婪、不立即分配遗产、缺乏诚信等辅助因素造成的。
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引用次数: 0
Legal Implications of Differences in Goods Price Labels in Shop Cashier Showcases for Entrepreneurs 商店收银商品价格标签差异对企业家的法律影响
Pub Date : 2022-06-14 DOI: 10.33756/eslaj.v4i2.18462
Suci Laboro, Nurul Fazri Elfikri
The purpose of this research is to know and analyze about iThe legal implication is that there is a difference in the price tag of goods on the window display and the shop cashier for entrepreneurs, which has implications for the provisions of the Consumer Protection Act and Permendag No. 35 of 2013 which can result in criminal sanctions and administrative sanctions as well as payment based on the lowest price tag. Based on the aspect of responsibility as a business actor, namely public accountability and private responsibility, it has implications for law enforcement (criminal sanctions and administrative sanctions). The problem of price differences in shop windows and during the payment process at the cashier also has implications for the course of the buying and selling process in social life, among other things, has implications for price uncertainty, injustice for consumers, and has implications for benefits that only benefit business actors...
法律含义是企业家在橱窗展示和商店收银员的商品价格标签上存在差异,这对消费者保护法和2013年Permendag No. 35的规定有影响,可能导致刑事制裁和行政制裁,以及根据最低价格标签支付。基于作为商业行为者的责任方面,即公共责任和私人责任,它对执法(刑事制裁和行政制裁)有影响。商店橱窗和收银台付款过程中的价格差异问题也对社会生活中的买卖过程产生影响,除此之外,还会对价格的不确定性产生影响,对消费者不公平,并对只有商业行为者受益的利益产生影响……
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引用次数: 0
Criminology Study of Sexual Violence in Children 儿童性暴力的犯罪学研究
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.15955
Khairunnisa Taha Oponu, Mutia Cherawaty Thalib, A. Mantali
The purpose of this study is to determine the factors that cause sexual violence that occurs in children and to determine the efforts to overcome cases of sexual violence against children in Gorontalo Regency. The research method used is empirical legal research using a case approach and a conceptual approach. The results of the study found that there were five factors that caused cases of sexual violence against children in Gorontalo Regency, including: the lack of family responsibility, the lack of social control from the community, the technology factor, the alcohol factor, the lack of understanding and the inculcation of norms in the order of life. . The most dominant factors according to the percentage of cases of sexual violence against children in Gorontalo Regency are the lack of parental responsibility and technology (social media) factors. Efforts to prevent and overcome cases of sexual violence against children in Gorontalo Regency are carried out with preventive efforts, namely a form of prevention before the occurrence of cases of sexual violence against children. Preventive efforts are divided into five efforts, including: applying self-awareness, active communication with family, using technology as best as possible, choosing a good environment, socialization from related parties. The other efforts are repressive efforts, one of the forms of efforts to overcome when there have been cases of sexual violence against children. Repressive efforts are carried out by providing criminal sanctions for crimes that have been committed by the perpetrators. As well as repressive efforts to victims by providing psychological assistance and legal assistance.
这项研究的目的是确定导致发生在儿童中的性暴力的因素,并确定为克服戈伦塔洛摄政对儿童的性暴力案件所作的努力。本文的研究方法是案例法和概念法相结合的实证法律研究。研究结果发现,造成Gorontalo摄政区儿童性暴力案件的因素有五个,包括:缺乏家庭责任、缺乏来自社区的社会控制、技术因素、酒精因素、缺乏对生活秩序的理解和规范的灌输。根据戈伦塔洛县儿童性暴力案件的百分比,最主要的因素是缺乏父母责任和技术(社交媒体)因素。在戈伦塔洛摄政预防和克服针对儿童的性暴力案件的努力是通过预防性努力进行的,即在针对儿童的性暴力案件发生之前采取一种预防形式。预防工作分为五种努力,包括:运用自我意识、积极与家人沟通、尽可能地利用技术、选择良好的环境、从相关方面进行社会化。另一种努力是压制性努力,这是在发生针对儿童的性暴力案件时克服的一种努力形式。镇压努力是通过对犯罪者所犯下的罪行进行刑事制裁来进行的。以及通过提供心理援助和法律援助来压制受害者。
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引用次数: 0
Legal Protection for Children as Victims of the Crime of Sexual Intercourse 儿童作为性犯罪被害人的法律保护
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.16041
Firda Salam, Lisnawati W. Badu, Jufryanto Puluhulawa
This study aims to determinelegal protection for children as victims of the crime of sexual intercourse.The method used in this research is empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive qualitative analysis techniques. The results of this study indicate thatLegal protection for child victims of the crime of sexual intercourse is given with the aim of protecting victims, especially victims of sexual intercourse in order to get their rights as victims by way of children getting health services as an effort to restore the condition of children as victims of sexual intercourse, children also get legal protection in terms of legal aid, rehabilitation, and prevention. The need for a fair criminal law settlement for victims of sexual intercourse, which adds or considers the rights of victims of sexual intercourse and parents should participate in efforts to provide protection for children by fulfilling children's rights, protecting the best interests of children, and increasing supervision over children. environment and children's play area. 
本研究旨在确定对作为性交犯罪受害者的儿童的法律保护。本研究采用实证研究方法。本研究采用定性方法和抽样,采用目的抽样和描述性定性分析技术。这项研究的结果表明,为性犯罪的受害儿童提供法律保护的目的是保护受害者,特别是性交受害者,以便通过儿童获得保健服务来获得他们作为受害者的权利,以努力恢复儿童作为性交受害者的状况,儿童还在法律援助、康复和预防方面得到法律保护。需要对性交受害者进行公平的刑法解决,其中增加或考虑到性交受害者的权利,父母应通过实现儿童权利,保护儿童的最大利益和加强对儿童的监督来参与为儿童提供保护的努力。环境和儿童游乐区。
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引用次数: 0
Cockfighting Gambling Criminal Acts Commitment 斗鸡赌博犯罪行为承诺
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.16039
Maya Lasena, Fenty U. Puluhulawa, Fence M. Wantu, Ahmad Ahmad
This study aims to determinea form of tackling the crime of cockfighting gambling.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 thata form of countermeasure carried out to tackle the crime of cockfighting gambling by means of preventive and repressive measures. In the preventive action stage, basically, stakeholders try to take precautions before the crime occurs. However, the most important role in preventing the occurrence of a crime is the supervision of the local community who then cooperates with law enforcement so that the crime of cockfighting gambling is easily detected.The countermeasures carried out by the authorities should be carried out with good coordination and cooperation, so as to make countermeasures that are right on target.
本研究旨在确定一种打击斗鸡赌博犯罪的形式。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抽样,使用有目的的抽样和使用描述性分析技术。本文的研究结果表明,通过预防和抑制措施来打击斗鸡赌博犯罪的对策形式。在预防行动阶段,基本上是利益相关者试图在犯罪发生之前采取预防措施。然而,防止罪案发生的最重要角色是监督当地社区,社区与执法部门合作,以便轻易发现斗鸡赌博罪行。有关部门采取的应对措施要协调配合,才能做出有的放矢的应对措施。
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引用次数: 0
Increasing Awareness of Consumer Rights and Obligations in E-Commerce Transaction Activities 提高消费者在电子商务交易活动中的权利和义务意识
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.15988
Handriyanto Igirisa, Mohamad Rusdiyanto U. Puluhulawa, Julius T. Mandjo
This study aims to determine and analyze how the role of YLKI Gorontalo Province in increasing awareness of consumer rights and obligations in e-commerce transaction activities. The method used in this research is empirical legal research with a qualitative approach. Based on the results of the study, it is shown that the role of YLKI Gorontalo Province in increasing awareness of consumer rights and obligations in e-commerce transaction activities, namely: (1) conducting information dissemination programs through social media, distributing banners or billboards, socialization or legal counseling; and (2) provide education at the time of the complaint. However, according to the author, the role of YLKI Gorontalo has not been maximal and comprehensive. . This can be see from the lack of informasion dissemination carried out by YLKI Gorontalo regarding the importance of knowledge of consumer right and obligations as stated in Article 4 and Article 5 of the UUPK, especially in conducting electronic commerce (e-commerce) as well as the lack of socialization carried out by YLKI Gorontalo, namely one times since actively running errands.
本研究旨在确定和分析YLKI Gorontalo省在提高电子商务交易活动中消费者权利和义务意识方面的作用。本研究采用的方法是实证法律研究与定性研究相结合。根据研究结果表明,我省在提高消费者在电子商务交易活动中的权利和义务意识方面的作用,即:(1)通过社交媒体开展信息传播计划,分发横幅或广告牌,社会化或法律咨询;(二)在投诉时提供教育。然而,笔者认为,YLKI Gorontalo的作用并不是最大的和全面的。这可以从YLKI Gorontalo缺乏关于UUPK第4条和第5条规定的消费者权利和义务知识的重要性的信息传播中看出,特别是在进行电子商务(电子商务)时,YLKI Gorontalo缺乏社会化,即一次主动跑脚。
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引用次数: 0
Fulfillment Of Assimilation Rights And Integration Rights To Corporate Students 企业学生同化权与融合权的实现
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.16040
Susan Bau, Zamroni Abdussamad, Waode Mustika
This study aims to determine the fulfillment of assimilation rights and integration rights to correctional students. The type of research method used in this study is empirical research with sampling using purposive sampling. This study also uses a qualitative approach and descriptive analysis techniques. The results of this study indicate thatIn the implementation of the fulfillment of the right of assimilation and the right of integration to correctional students, there are several obstacles, as for these obstacles, namely there is no guarantor of the correctional students, has register f records, Community Environment, excess capacity, minimal quality of officers and less bureaucratic processes. effective. The government carries out alternative non-prison punishments that can be carried out such as supervision and community service which is seen as more efficient than prison law because in achieving the goal of fostering or rehabilitating correctional students before finally being able to be free and return to life in the community and for the community.The community is expected to participate actively in the implementation of community programs, so that correctional students feel they can be accepted again in the community.
本研究旨在确定矫正学生同化权与融合权的实现情况。本研究采用的研究方法类型是实证研究,采用有目的抽样。本研究亦采用定性方法及描述性分析技术。本研究结果显示,在矫正学生同化与融入权的落实过程中,存在以下几个障碍,即矫正学生没有担保人、有登记记录、社区环境、能力过剩、官员素质低下和官僚程序较少。有效。政府执行其他非监狱惩罚,如监督和社区服务,这被认为比监狱法更有效,因为在最终能够获得自由并重返社区生活和为社区服务之前,可以实现培养或改造惩教学生的目标。期望社区积极参与社区计划的实施,使矫正学生感到他们可以再次被社区所接受。
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引用次数: 0
Analysis Of Judge's Decision Against Substitute Charities In Religious Courts Consider From Islamic Law Commission 从伊斯兰教法委员会看宗教法庭法官对替代慈善机构的判决
Pub Date : 2022-06-01 DOI: 10.33756/eslaj.v4i2.16000
Rikson Adam, Erman I. Rahim, Abdul Hamid Tome
The purpose of this study is to analyze the judge's decision in case number: 132/Pdt.P/2019/PA.Gtloviewed from the Compilation of Islamic Law This research uses a normative-empirical legal research type, where an analysis of the written law is carried out with factual events in the field. In this study, the data sources used are primary data consisting of the results of interviews and field observations, the Civil Code, ILC, and judges' decisions related to the issues being discussed; and secondary data (supporting) scientific works, and other sources related to the problems discussed.The results of the study show that first, the substitute heirs proposed by the applicants in case no. 132/Pdt.P/2019/PA.Gtlo from the late. Zubaida Datau may become a substitute heir based on the provisions formulated in the Compilation of Islamic Law (ILC), provided that the plot of land is the property of the late. Saini Datau. However, if the plot of land is the property of the Almh. Kamaria Datau, then the substitute heir proposed by the applicant, must be declared not accepted by the panel of judges at the Gorontalo PA because he is prevented from becoming an heir based on the ILC formulation. Legal considerations of the panel of judges examining case No. 132/Pdt.P/2019/PA.Gtlo, where the case is declared unacceptable, is that it is unclear/fuzzy, no longer voluntary, but a contentious case, because it contains a dispute between the heirs of the deceased's heirs. Kamaria Datau, and the late. Zubaida Datau.
本研究的目的是对132/Pdt.P/2019/PA案件中法官的判决进行分析。本研究采用规范-实证的法律研究类型,对成文法进行分析,并结合该领域的事实事件。在本研究中,使用的数据来源是主要数据,包括访谈和实地观察的结果、《民法典》、国际法委员会和法官对所讨论问题的判决;和辅助数据(支持)科学作品,和其他来源有关的问题讨论。研究结果表明,第一,申请人提出的替代继承人的情况下,没有。132 / Pdt.P / 2019 / PA。我是深夜来的。Zubaida Datau可以根据伊斯兰教法汇编(ILC)的规定成为替代继承人,但前提是该地块是已故者的财产。赛Datau。但是,如果这块土地是Almh的财产。当时由申请人提议的替代继承人Kamaria Datau必须被Gorontalo PA的法官小组宣布不接受,因为根据国际法委员会的规定,他不能成为继承人。审理第132/Pdt.P/2019/PA号案件的法官小组的法律考虑Gtlo,这个案件被宣布为不可接受,是因为它不清楚/模糊,不再是自愿的,而是一个有争议的案件,因为它包含了死者继承人的继承人之间的纠纷。卡马里亚·达陶,还有已故的那位。Zubaida Datau。
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引用次数: 0
Gorontalo Local Government's Response To Legal Vacuum On Electric Bikes 哥伦塔洛地方政府对电动自行车法律真空的回应
Pub Date : 2022-05-19 DOI: 10.33756/eslaj.v1i2.13035
Fitriana Nur Biya
The purpose of this study is to find out the attitude of Gorontalo local governments to address the legal vacuum towards electric bicycles. The methods used in this study are normative research and The types of approaches used are the legal approach, the conceptual approach, and the case approach. The technique of analyzing legal materials in this study uses systematic interpretation methods. The results showed that the Gorontalo regional government in addressing the legal vacuum regarding the regulation of electric bicycles in the Gorontalo area is first to take precedence over what is the main problem, then trace whether the transportation has reached 50% of users for the entire Gorontalo area. This needs to be known so that it can be regulated by the local government without limiting the space of the community. Thus, holding regional rules related to the regulation of electric bicycles is still an obstacle from the point of view of the provincial DPRD why the use of such vehicles is considered to have not reached an effective amount causing the need for regional rules to regulate the use of such vehicles. With the advancement of transportation in a region, the local government should have taken steps first before it becomes a result of an event that is not organized by the local government. With this problem, the government cannot suppress the public and carry out doctrinal laws related to the rules of the use of electric bicycles, so that the theory of repressive laws cannot be implemented. The law should be able to regulate society to be able to comply with existing rules, but the rules can not be implemented. Keywords: Attitude; Responding; Electric Bicycle   
本研究的目的是找出Gorontalo地方政府对解决电动自行车法律真空的态度。本研究使用的方法是规范研究,使用的方法类型是法律方法,概念方法和案例方法。本研究分析法律资料的方法采用系统解释的方法。结果表明,戈龙塔洛地区政府在解决戈龙塔洛地区电动自行车监管的法律真空时,首先要优先考虑主要问题是什么,然后追踪交通是否达到了整个戈龙塔洛地区50%的用户。这一点需要了解,以便地方政府在不限制社区空间的情况下进行监管。因此,从省级DPRD的角度来看,制定与电动自行车管制有关的区域规则仍然是一个障碍,为什么这种车辆的使用被认为尚未达到有效数量,从而需要制定区域规则来管制这种车辆的使用。随着地区交通的发展,在不是由地方政府组织的事件发生之前,地方政府应该先采取措施。有了这个问题,政府就不能压制公众,不能执行与电动自行车使用规则相关的教条性法律,这样压制性法律的理论就无法实施。法律应该能够规范社会,能够遵守现有的规则,但规则不能执行。关键词:态度;回应;电动自行车
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引用次数: 0
The Implementation of Increasing Village Income Through Village-Owned Business Entities 通过村办企业增加村民收入的实施
Pub Date : 2022-05-19 DOI: 10.33756/eslaj.v1i2.13295
Adri Wontami
Abstract: The purpose of this study was to determine the increase in village income through village-owned enterprises. The research method used is a normative-empirical legal research dualism where the research uses a normative-empirical legal case study in the form of a product of legal behavior. The approach used is a juridical approach and analytical techniques using qualitative analysis methods. The results of this study indicate that Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises on increasing Village Original Income has not been effective in improving community welfare. The social benefits in implementing this program have not been felt so it is necessary to increase it.Keywords: Improvement; Income; Village Owned Enterprises
摘要:本研究的目的是确定村企对村民收入增长的影响。本文采用的研究方法是规范-经验法律研究的二元论,即以法律行为的产物形式进行规范-经验法律案例研究。使用的方法是司法方法和定性分析方法的分析技术。本文的研究结果表明,关于村企提高村庄原始收入的2021年第11号政府法规并未有效改善社区福利。实施这一计划的社会效益尚未得到体现,因此有必要增加这一计划。关键词:提高;收入;乡镇企业
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引用次数: 0
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Estudiante Law Journal
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