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Juridical Review Of Working Agreements On The Safety Of Ship Crew 船舶船员安全工作协议的司法审查
Pub Date : 2022-04-09 DOI: 10.33756/eslaj.v4i2.19159
Dilfa Nurfadila Lahibu, Mutia Cherawaty Thalib, Julius T. Mandjo
The purpose of writing is to describe the legal relationship between sea work agreements and work agreements based on the Labor Law in Indonesia and to describe the effectiveness of the implementation of sea work agreements on the work safety of crew members. This type of research uses an approach focused on normative legal research with a legal concept related to analysis and construction carried out with specific methods. In general, in an agreement, there is an object where the parties agree to enter into law to carry out the work. For this reason, the rights and obligations of the crew in the PT AWB work agreement have been implemented. They are guided by statutory regulations, including employers' 
写作的目的是描述海上工作协议和印度尼西亚基于劳动法的工作协议之间的法律关系,描述海上工作协议的实施对船员工作安全的有效性。这种类型的研究采用一种侧重于规范法律研究的方法,通过具体的方法进行与分析和构建相关的法律概念。一般来说,在协议中,有一个目标,当事人同意进入法律来执行工作。因此,船员在PT AWB工作协议中的权利和义务得到了落实。他们遵循法定法规,包括雇主的
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引用次数: 0
Legal Protection Effort Against Children In Sale And Purchase Of Cigarettes In Gorontalo Utara Regensy 戈伦塔洛省对儿童买卖香烟的法律保护努力
Pub Date : 2022-03-13 DOI: 10.33756/eslaj.v1i1.12774
Fitra Pakaya
The current research aims at finding out efforts performed to provide legal protection to children in the sale and purchase of cigarettes in Gorontalo Utara Regency. In addition, the research notifies the inhibiting factors during the provision of legal protection to children in the sale and purchase of cigarettes. The research applies empirical legal research with qualitative descriptive analysis technique. The data used are empirical and secondary data in which they are collected by using techniques of interview and observation. The research finding reveals that there are two efforts of legal protection to children in the sale and purchase of ciragettes, namely cigarettes sales ban to the children and specific protection. In the meantime, the inhibiting factors during the provision of legal protection to children in the sale and purchase of ciragettes are ineffectiveness of regulation, lack of knowledge on the law, absence of counseling and supervision from government, and ineffectiveness of existing programs.
目前的研究旨在找出在Gorontalo Utara摄政为儿童买卖香烟提供法律保护方面所做的努力。此外,本研究还通报了在香烟销售和购买中对儿童提供法律保护过程中的抑制因素。本研究运用实证法律研究和定性描述分析技术。所使用的数据是通过访谈和观察技术收集的经验和二手数据。研究发现,在香烟买卖中对儿童的法律保护主要有两方面,即禁止对儿童销售香烟和具体保护。与此同时,在为儿童买卖提供法律保护的过程中,制约因素主要是监管不力、法律知识缺乏、政府缺乏咨询和监督以及现有方案的有效性。
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引用次数: 0
Analysis Of The Role Of The Office Of Religious Affairs In Managing The Case Of Siri Marriage Couples 宗教事务局在处理Siri婚姻案件中的作用分析
Pub Date : 2022-03-05 DOI: 10.33756/eslaj.v4i2.16252
Debi Sintia Dali, Sri Nanang Meiske Kamba, Nurul Fazri Elfikri
The purpose of this study is to find out and analyze how the role of the religious affairs office in dealing with Siri marriages in the North City District. The method used in this research is an interviews, observation, and documentation. This type of research is descriptive and qualitative. The qualitative descriptive analysis approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object or field. The types of data used in this study are primary and secondary data. The results of the study indicate that the role of the religious affairs office in tackling Siri marriages in the District of North City includes providing counseling on marriage registration and happy families to prospective brides and guardians, conducting socialization about the impact of unregistered marriages, and also the importance of registering marriages carried out in every time he fills an event, either a recitation or an event that involves the head of the religious affairs office. Factors that hinder the religious affairs office in dealing with unregistered marriages in the North City sub-district include Lack of competent human resources, low awareness of the law in society, and inadequate facilities and infrastructure.
本研究的目的是找出并分析宗教事务办公室在处理北城区Siri婚姻中的作用。本研究采用访谈法、观察法和文献法。这种类型的研究是描述性和定性的。定性描述性分析方法强调研究的目的是通过直接进入对象或领域来获得经验性的法律知识。本研究中使用的数据类型为一手数据和二手数据。研究结果表明,宗教事务办公室在处理北区Siri婚姻问题上的作用包括为未来的新娘和监护人提供婚姻登记和幸福家庭的咨询,开展关于未登记婚姻影响的社会化,以及每次他参加活动时进行婚姻登记的重要性,无论是诵经还是涉及宗教事务办公室负责人的活动。阻碍北城街道宗教事务办公室处理未登记婚姻的因素包括:缺乏合格的人力资源、社会对法律的认识不高、设施和基础设施不足。
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引用次数: 0
Traffic Accident Analysis Model In Traffic Accidents That Have No Witness 无证人交通事故的交通事故分析模型
Pub Date : 2022-02-16 DOI: 10.33756/eslaj.v4i2.16211
Riyanto Yunus
The problem of traffic accidents in the absence of witnesses is very crucial because in traffic accidents, in principle, the presence of witnesses is very important in determining the suspect and victim. Therefore, it is important to reconstruct traffic accident analysis (TAA) in every traffic accident. This is the concern of the compilers to examine how the concept of implementing Traffic Accident Analysis in traffic accidents, as well as to examine the Traffic Accident Analysis proof model in traffic accidents that do not have witnesses. The type of research in writing this proposal is normative research, which includes research on legal systematics, research on the level of legal synchronization, research on legal history, and research on comparative law. The results show that the concept of applying Traffic Accident Analysis in traffic accidents uses two main methods, namely: clinical and statistical approaches. The application of Traffic Accident Analysis is very important to do and becomes an alternative when there is no witness in a traffic accident. This is necessary to assist investigators in reconstructing accidents and determining suspects and victims
交通事故的无证人问题是非常关键的,因为在交通事故中,原则上,证人的存在对于确定犯罪嫌疑人和被害人是非常重要的。因此,对每一起交通事故进行交通事故分析重构是十分重要的。这是笔者研究如何在交通事故中实施交通事故分析的概念,以及在没有证人的交通事故中研究交通事故分析的证明模型所关注的问题。撰写本提案的研究类型为规范研究,包括法律系统学研究、法律同步水平研究、法律史研究和比较法研究。结果表明,将交通事故分析应用于交通事故的概念主要有两种方法,即临床方法和统计方法。交通事故分析的应用是一项非常重要的工作,在没有目击者的交通事故中成为一种替代方法。这对于协助调查人员重建事故和确定嫌疑人和受害者是必要的
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引用次数: 0
The Settlement of Cases of Annual Budgetary Misuse in Salongo Village, South Bolaang Mongondow Regency 南博朗蒙贡多县萨隆戈村年度预算滥用案件的处理
Pub Date : 2022-02-16 DOI: 10.33756/eslaj.v4i2.16171
Fahmi Djibran
This study aims to find out and analyze how the process of resolving cases of misuse of village funds in Salongo Village, Bolaang Mongondow Selatan Regency. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the regional inspectorate office of South Bolaang Mongondow Regency, and directly related parties. The results showed that the process of settling cases of misuse of village funds by village officials in salongo village tended to use the peaceful way. Where the mechanism taken is the family law route with the final administrative provision, namely a refund. It is often used by the parties concerned,As for the inhibiting factor in law enforcement against the misuse of village funds in Salongo Village, the Prosecutor's Office is less professional when receiving reports onlydirecting to be returned to the village only, in soft language telling the community to solve this problem in a family way. In addition, there is a lack of transparency, the minimal role of the community and other village officials who should be responsible for settlement efforts.
本研究旨在找出并分析渤朗蒙贡都西拉丹摄政萨隆戈村滥用村款案件的处理过程。这种类型的研究是描述性方法的实证研究。通过观察和访谈直接获得的数据来自南博朗蒙贡多县区域检查办公室和直接相关方。结果表明,萨隆戈村村官滥用村款案件的处理过程倾向于采用和平方式。其中所采取的机制是家事法的途径,附带最后的行政规定,即退款。对于Salongo村滥用村款执法的制约因素,检察院在接到举报时专业性较差,只指示退还给村方,用软语告诉社区以家庭方式解决这个问题。此外,缺乏透明度,本应负责安置工作的社区和其他村官的作用微乎其微。
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引用次数: 0
Restorative Justice On Death Caused By Traffic Accident 交通事故死亡的恢复性司法
Pub Date : 2022-02-16 DOI: 10.33756/eslaj.v4i2.16114
Zulkifli Mohamad
This study aims to determine how the application of Restorative Justice to Traffic Accidents That Cause Death. An empirical research method that serves to see the law in a real sense and examines how the law works in the community. The data collection process used interview techniques and direct data collection at the Gorontalo City Police Traffic Unit Office. This study uses a qualitative method by describing it descriptively. The results showed that many cases were not processed to the Gorontalo District Court because there were several factors, namely, Not getting sufficient evidence, the accident that occurred was not a crime, the perpetrator of the accident died, the perpetrator of the accident was still a minor, The family of the accident victim who has been sincere, and the family of the victim who does not want to deal with the court because it takes a long time and the criminal case has expired. Regarding efforts to resolve cases of traffic accidents that result in death, namely ADR (Alternative Dispute Resolution), Diversion, and SP3 (Termination of Investigation).
本研究旨在探讨恢复性司法如何适用于造成死亡的交通事故。一种实证研究方法,用于从真正的意义上看待法律,并检查法律如何在社区中发挥作用。数据收集过程采用面谈技术,并在哥伦塔洛市警察交通股办公室直接收集数据。本研究采用定性方法,对其进行描述性描述。结果表明,很多情况下没有加工过的新人地方法院,因为有几个因素,也就是说,没有得到足够的证据,不是犯罪发生的事故,肇事者的意外死亡,事故的肇事者还未成年,事故受害者的家人一直真诚,和受害者的家人不想处理法院,因为它需要很长时间和刑事案件已经过期。关于努力解决导致死亡的交通事故案件,即ADR(替代性争端解决)、转移和SP3(终止调查)。
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引用次数: 0
Legal Analysis for the Child Those Born Outside the Registry 非户籍儿童的法律分析
Pub Date : 2022-02-15 DOI: 10.33756/eslaj.v4i2.16219
Nur Fadhilah Rahmattika, N. Kasim, Julisa Aprilia Kaluku
This research was carried out at the Suwawa Religious Court Office as well as places related to the author's discussion. This study aims to determine the factors that cause the occurrence of a right for a child born from an unregistered marriage. Primary data and secondary data were collected and analyzed based on a descriptive qualitative problem formulation. Already pregnant out of wedlock, 2) Not getting permission for polygamy, 3) lack of attention or knowledge of the importance of having a legal marriage in the eyes of the law.
这项研究是在Suwawa宗教法庭办公室以及与作者的讨论有关的地方进行的。本研究旨在确定导致非登记婚姻所生子女权利发生的因素。主要数据和次要数据的收集和分析基于描述性定性问题的表述。2)未获得一夫多妻制的许可;3)对法律眼中合法婚姻的重要性缺乏关注或了解。
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引用次数: 0
Measuring The Application of Corporate Social Responsibility of PT. Gorontalo MineralS 哥伦塔洛矿业公司企业社会责任履行情况的测度
Pub Date : 2022-02-15 DOI: 10.33756/eslaj.v4i2.16489
Ahmad Ahmad
Abstract: This study aims to find out how the legal arrangements for the implementation of Corporate Social Responsibility (CSR) in mining activities and to find out how the analysis of CSR Application Analysis to Communities Around Mining. The research method used is normative juridical with a qualitative approach that is used in the hope that the desired data can be obtained by the author of a clear and complete picture. The results of this study indicate that regulations related to CSR have been regulated in several legal regulations. In government regulation number 47 of 2012 concerning social and environmental responsibility of limited liability companies, it has been explained in article 4 paragraph that says that social and environmental responsibility is carried out by the board of directors based on the company's annual work idea after obtaining an agreement from the board of commissioners or the GMS in accordance with the company's basic budget, unless stipulated otherwise in the statutory provisions«. Law No. 22 of 2001 concerning Oil and Gas. If you look at Law number 22 of 2001 regarding oil and gas, it is not explained in writing that regulates the legal rules related to CSR. However, if you read carefully, there is one provision that alludes to the rule of law. Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Scholarship assistance, buses and several other programs are one of several CSR programs that have been implemented by PT Gorontalo Minerals. Judging from the CSR assistance provided to the community, it has been shown that PT Gorontalo Minerals implements CSR programs in accordance with applicable legal provisions, although only a few CSR programs have been provided by PT Gorontalo Minerals to the community.
摘要:本研究旨在了解企业社会责任(CSR)在矿业活动中实施的法律安排,以及企业社会责任分析如何应用于矿业周边社区。所使用的研究方法是规范的法律与定性的方法,使用的希望所需要的数据可以得到一个清晰而完整的画面的作者。本研究结果表明,与企业社会责任相关的法规已经在多个法律法规中进行了规范。在2012年第47号关于有限责任公司社会和环境责任的政府法规中,第四条第1款规定:“社会和环境责任由董事会根据公司的年度工作思路,经董事会或GMS同意,根据公司的基本预算,由董事会履行,除非法律另有规定。”关于石油和天然气的2001年第22号法。如果你看一下2001年关于石油和天然气的第22号法律,它没有以书面形式解释规定与CSR相关的法律规则。然而,如果你仔细阅读,就会发现其中有一项条款暗指法治。关于修订2009年关于矿物和煤炭开采的第4号法的2020年第3号法。奖学金援助、公共汽车和其他几个项目是PT Gorontalo矿业公司实施的几个企业社会责任项目之一。从向社区提供的社会责任援助来看,虽然Gorontalo矿业公司向社区提供的社会责任项目并不多,但它是按照法律规定执行社会责任项目的。
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引用次数: 0
The Increased Business of Edged Weapon Without Authorizations via Social Media in Gorontalo Province 哥伦塔洛省未经授权通过社交媒体贩卖有刃武器的行为增多
Pub Date : 2022-02-06 DOI: 10.33756/eslaj.v4i2.16168
I. K. K. Kamisma, Moh. Taufik Zulfikar Sarson, A. Harun
This study aims to find out and analyze how the role of the police in dealing with cases of selling sharp weapons without a permit through social media, as well as to find out the obstacles in the process of handling these cases. This type of research is empirical research with a descriptive approach. Data obtained directly through observations and interviews from the Gorontalo Provincial Police, and data obtained directly through social media. The results of the study show that there has been no action against the perpetrators of selling sharp weapons on social media which is actually a criminal act as regulated by law. This is one proof that law enforcement in Indonesia, especially in the matter of criminal acts committed in social media or cyberspace, is not implemented properly. The lack of supervision and seriousness of law enforcers in implementing the law is the cause of many cases that are not handled.As for the obstacles in law enforcement against the case in question due to the lack of experts in the cyber field, weak government supervision in the virtual field, people who do not understand and care, as well as the limitations of laws that discuss and regulate criminal acts of selling sharp weapons, especially through social media.
本研究旨在了解和分析警方在处理社交媒体无证销售尖锐武器案件中的作用,以及在处理这些案件过程中的障碍。这种类型的研究是描述性方法的实证研究。数据直接通过戈龙塔洛省警察局的观察和访谈获得,数据直接通过社交媒体获得。研究结果表明,在社交媒体上销售尖锐武器的肇事者实际上是法律规定的犯罪行为,但没有采取任何行动。这证明印尼的执法,特别是在社交媒体或网络空间的犯罪行为方面,没有得到适当的执行。执法人员在执法过程中缺乏监督和认真,是许多案件不处理的原因。由于网络领域专家的缺乏,虚拟领域政府监管的薄弱,人们的不理解和不关心,以及讨论和规范销售尖锐武器犯罪行为的法律的局限性,特别是通过社交媒体,阻碍了案件的执法。
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引用次数: 0
The Role of Supervisory Agency in the Circulation of Cosmetics With Fake Distribution Permission 监管机构在假冒化妆品流通中的作用
Pub Date : 2022-02-04 DOI: 10.33756/eslaj.v4i2.15941
S. Khodijah, Nirwan Junus, Nurvazria Achir
This study aims to determine the role of the Food and Drug Supervisory Agency which (will be referred to as BPOM) in the distribution of cosmetics that include a fictitious distribution permit. The method used in this study is an empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study show that the role of BPOM in the distribution of cosmetics that includes a fictitious distribution permit continues to carry out Supervision, Guidance, and Prosecution of every producer who violates government regulations related to the circulation of counterfeit cosmetics that include a fictitious distribution permit number and several programs are run to deceive consumers. get the right. In addition, it continues to protect consumers who experience losses by providing administrative sanctions to the perpetrators to be able to pay for the losses suffered by the consumers themselves. Protecting Consumers from the Circulation of Dangerous Cosmetics BPOM has several programs, namely the National Movement to Beware of Illegal Drugs and Food (GNWOMI), GENPOPA, BPOM Checks, Public Warnings, Educational Videos, Community Awareness Index Surveys, Implementing Teams for Quality Improvement of Community Empowerment and Consumer Protection.
本研究旨在确定食品和药物监管机构(简称BPOM)在包括虚构分销许可证的化妆品分销中的作用。本研究采用的是实证研究方法。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。这项研究的结果表明,BPOM在化妆品分销中的作用,包括虚构的分销许可证,继续对每个违反政府法规的生产者进行监督,指导和起诉,这些法规涉及假冒化妆品的流通,包括虚构的分销许可证号码和几个程序,以欺骗消费者。获得权利。此外,它继续保护遭受损失的消费者,向肇事者提供行政制裁,使其能够赔偿消费者自己遭受的损失。保护消费者免受危险化妆品BPOM流通的影响有几个项目,即全国提防非法药品和食品运动(GNWOMI)、GENPOPA、BPOM检查、公共警告、教育视频、社区意识指数调查、社区赋权质量改进实施小组和消费者保护。
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引用次数: 0
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Estudiante Law Journal
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