Publication Search

In accordance with Article 25 paragraph (2) of the Law on Judicial Power, the general judiciary is one part of the judicial power that has the authority to examine, adjudicate, and issue decisions in criminal and civil cases in accordance with the applicable regulations. In civil trial proceedings at the district court, there are three stages: the preliminary stage, the determination stage, and the execution stage. In civil justice, there is an effort to resolve disputes outside of trial, namely mediation, and in administrative court proceedings, there is an effort to resolve disputes outside the court, namely administrative efforts. Mediation is an effort to resolve conflicts through deliberation with the assistance of a neutral third party, known as a mediator, to reach an agreement that can be accepted by both parties. This administrative effort is a resolution process carried out internally within an agency between the government and the party filing an objection to a state administrative decision before the dispute is brought to court. The purpose of this study is to understand the differences in non-litigation efforts between civil courts and state administrative courts. The research method is normative, using a statutory approach that emphasizes the analysis of regulations related to the main discussion of this study. In civil courts, mediation aims and focuses more on efficiency, which benefits both parties and, in turn, can reduce the burden on judges in resolving disputes in court. On the other hand, the purpose of administrative measures in state administrative cases is oriented towards internal government supervision, as a last resort, and rapid correction.

This study aims to examine the implementation of Article 88 of Law Number 35 of 2014 concerning Child Protection against child exploitation as clown buskers in Gorontalo City, as well as identify the factors that cause the exploitation. This study uses an empirical legal method with a descriptive approach to obtain data related to behavior, social conditions, and symptoms in society. Data was collected through observation, interviews, and documentation. The results of the study show that the implementation of Law Number 35 of 2014 has not been optimal, because the relevant apparatus, such as the Social Service and Satpol PP, have not followed up on this case with a criminal law approach, but only with coaching and administrative efforts. This causes child exploitation to continue without strict legal sanctions. The factors that cause the exploitation of children as buskers in clown costumes in Gorontalo City include economic, family, environmental factors, lack of law enforcement, and low legal awareness in interrelated communities. This research emphasizes the importance of synergy between the government, law enforcement officials, social institutions, and the community to reduce child exploitation practices through preventive, repressive, and rehabilitative efforts in a sustainable manner.