首页 > 最新文献

Estudiante Law Journal最新文献

英文 中文
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
Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16214
Rizki Herman
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.
本研究旨在分析印尼刑法中以监禁代替罚款的刑事规制,并考察印尼执法部门在腐败案件中是否以监禁代替罚款。这种类型的研究在撰写本提案时是一种规范性的法律研究方法。本研究使用的方法是法定的。结果表明,执法指的是刑法第10条所规定的刑事监禁的规定,然后取代刑法第30条和第31条所规定的监禁。
{"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
Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.15943
Mohammad Rifki Daud, A. Harun
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.
武器技术的发展目前非常先进和有竞争力,其中之一是反卫星武器(ASAT)技术。反卫星已成为对空间环境可持续性的真正威胁,这是因为反卫星有可能破坏国际和平与安全,引发军备竞赛,并增加绕地球轨道运行的空间碎片数量。由于缺乏专门监管反卫星的法规,各国可以随意进行反卫星导弹试射。例如,俄罗斯在2021年针对宇宙-1408卫星进行了反卫星测试。本文采用规范性的司法研究方法,采用成文法、判例法和分析法等研究方法,对反卫星导弹发射的国际法律安排以及俄罗斯作为反卫星导弹发射国所面临的法律后果进行了研究和分析。根据研究结果,研究人员发现,没有专门限制反卫星的条例,但所讨论的条例应列入1967年《外层空间条约》,作为规范与空间有关的所有活动的基础,然后对俄罗斯发射反导导弹的进一步法律后果。-卫星,即俄罗斯在责任方面负有责任,在责任方面负有责任,并通过1972年责任公约规定的过错责任原则得到加强。
{"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
Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16212
Rifaldi W. Hasim
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.
摘要:本研究旨在分析博恩博兰戈度假村警察在调查过程中侦查人员对犯罪嫌疑人实施暴力行为的司法审查,并探讨导致博恩博兰戈度假村警察在调查过程中侦查人员对犯罪嫌疑人实施暴力行为的因素。这种类型的研究是司法实证的。研究人员在编写本研究时使用的方法包括:立法方法(法规方法)和;案例方法(Case approach)。研究结果表明,在调查过程中禁止使用暴力,因为嫌疑人仍然拥有权利,并通过1981年《刑事诉讼法》第8号法律(《刑事诉讼法》书)得到国家的保障。在调查过程中使用暴力是由于嫌疑人/被告对法律和仍然附带的权利一无所知。
{"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
Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.15986
Mohamad Duengo
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.
摘要:本研究旨在确定电子票务实施中的障碍形式。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有目的抽样。本研究的结果表明,电子票证在实施中的障碍是几件事,可以影响票证不像预期的那样,包括缺乏社会化,这将为公众提供理解,特别是道路使用者遵守交通规则,意识到执法道路交通部门应用电子票证的功能。此外,第二个障碍是汽车板不匹配的所有者,也就是说例如车辆易手例如甲方或乙方出售其车辆,所以,一旦乙方违反交通,电子票将只被发送到第一个主人这是由于汽车已经购买乙方尚未扭转,这可能阻碍的通过电子票。电子票务的第三个障碍是摩托车租赁的存在,当摩托车借款人违规时,票务只会从第一方发给摩托车所有者。因此,执法部门很难通过电子罚单对交通违规者进行处罚。当摩托车借用人违反规定时,第一方只会给摩托车所有人开罚单。因此,执法部门很难通过电子罚单对交通违规者进行处罚。当摩托车借用人违反规定时,第一方只会给摩托车所有人开罚单。因此,执法部门很难通过电子罚单对交通违规者进行处罚。
{"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
Pub Date : 2022-02-03 DOI: 10.33756/eslaj.v4i2.16215
Hendriyanto Butota
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.
本研究旨在分析《消除人口贩运罪法》对人口贩运的保护情况,并探讨对人口贩运的理想保护机制。这种类型的研究在撰写本提案时是一种规范性的法律研究方法。本研究使用的方法是法定的。结果表明,印度尼西亚的各种法律法规普遍规定了对贩运人口犯罪行为的法律保护。法律保护政策针对几个方面,即:赔偿和赔偿、咨询服务和医疗援助、法律援助和信息提供。印度尼西亚必须有一项条例,能够防止在国家之间进行的人口贩运行为所产生的问题。
{"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
Pub Date : 2022-01-28 DOI: 10.33756/eslaj.v0i0.12867
Novita Daud, D. Ismail, Nirwan Junus
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.
本研究旨在找出并分析戈龙塔洛市绿色开放空间功能建构的有效性,并找出阻碍戈龙塔洛市绿色开放空间可用性的因素。所使用的研究类型是实证研究,这种研究在与社区互动时放置了法定规范系统。接下来以描述性的形式对研究结果进行说明。作者在进行这项研究时获得的研究成果包括Gorontalo市绿色开放空间的安排,它提供了生态、社会文化、美学和经济效益。然而,由于Gorontalo城市绿色开放空间的可用性与已设定的总体绿色开放空间面积相比未达到标准,因此没有最大化。此外,根据研究结果,在实现绿色开放空间的努力中遇到的障碍,即土地可用性不足的障碍,以及社区文化在维护和保护城市绿色开放空间方面的低下。
{"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
Pub Date : 2022-01-28 DOI: 10.33756/eslaj.v0i0.13287
Luksiana Lasimpala, Lisnawaty W. Badu, Novendri M. Nggilu
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. 
本研究的目的是了解和分析根据2014年第23号关于地方政府的法律规定弹劾地区首长和/或副首长的法律规定,以及弹劾戈龙塔洛摄政副摄政的有效性。研究人员在准备本研究时使用的研究类型是使用规范性研究类型,这些研究类型由现场数据(实证)的存在支持,使用2(两)种方法,即立法和案例方法。本研究结果表明,弹劾戈伦塔洛摄政王副摄政王的有效性受到影响戈伦塔洛摄政王副摄政王免职有效性的3(三)个因素的影响,即:法律因素。一是没有规范地区首长解职法的规范框架;二是执法因素,即法官在破案中的能力和法律顾问(辩护人)的参与不明确;三是法律文化因素,其特征是内政部不遵守2014年《关于地方政府的第23号法》中模仿规定的最后期限。
{"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
Pub Date : 2022-01-06 DOI: 10.33756/eslaj.v4i2.16173
Wirnangsi Puluhulawa, M. R. Puluhulawa, N. M. Nggilu, Apripari Apripari
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. 
研究的目的是找出调查人员在戈伦塔洛的朝觐骗局中的作用,以及导致戈伦塔洛朝觐骗局的因素。本研究采用的是实证法律研究方法。研究结果表明,哥伦塔洛的朝圣诈骗案件有所增加,而且这些案件不仅是由无证旅行社实施的,而且是由获得许可证的旅行社实施的。骗局的形式多种多样,从取消出发,抛弃朝圣者,到朝觐旅游服务提供者背弃承诺,使朝圣者感到失望。在这种情况下,对朝觐朝圣者的有害案件越来越多,包括在戈伦塔洛。此外,将导致朝觐和朝圣旅行诈骗的因素分为几种类型,包括:肇事者的因素、家庭因素、经济因素、环境因素、文化因素、社区因素或受害者。与此同时,警察或调查人员在处理朝觐和朝圣旅行骗局时的作用是对可能的嫌疑人和证实报告的证人进行审查,并在证人提供强有力的证词后对案件现场进行审查,然后进行调查。此外,警方的努力是向宗教事务部和与该办公室有关的人提供有关获得朝圣旅行组织者许可证的旅行名单的启发和社会化。
{"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
Pub Date : 2021-10-07 DOI: 10.33756/eslaj.v3i3.16220
D. Habi, Lisnawaty W. Badu, Jufryanto Puluhulawa3
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.
摘要:本研究旨在从人权角度分析对拒绝接种者的执法行为,以及执法人员在对拒绝接种者执法时所面临的障碍。这种类型的研究是司法实证的。本研究采用的方法是成文法法和个案法。本研究中使用的分析是描述性数据分析,使用定性方法对次要数据和主要数据进行分析。结果表明,政府和Covid-19工作队倾向于对想要接种疫苗的人提供教育和奖励,对拒绝接种疫苗的人提供行政处罚,特别是在接受政府和警察的公共服务时提供行动空间和规定疫苗卡要求。阻碍向公众接种疫苗进程的是由不可信来源的虚假新闻引起的社区对疫苗的安全性和清真性的怀疑。
{"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
Pub Date : 2021-10-07 DOI: 10.33756/eslaj.v3i3.16230
Islamiati M. Umar, Nirwan Junus, Melissa Towadi
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.
本文根据《中华人民共和国合同法》第2号的规定,对法律服务中无合同委托人的法律保护进行了探讨。摘要本文的目的在于了解律师与客户在法律服务协议中的关系,并根据《中华人民共和国合同法》(1999年第8号)对未签订法律服务合同的客户进行法律保护。关于消费者保护的1999年第8号法令。使用的方法是使用图书馆数据的规范文章。本文的结果是,律师和委托人之间的关系是一种相互依存的共生关系,正如2003年第18号关于律师的律师法规定的那样,律师和委托人都有权利和义务。辩护人有义务向委托人提供法律援助,并有权获得酬金。同时,委托人有义务向律师支付酬金,并有权获得律师的法律援助。而法律服务协议中对当事人的法律保护,则在《中华人民共和国法律》中有规定。关于消费者保护的1999年第8号法令,以及解决方法,即通过一般司法,倡导道德准则理事会会议和仲裁。
{"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
期刊
Estudiante Law Journal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1