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Lex Stricta : Jurnal Ilmu Hukum
Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda
ISSN : -     EISSN : 29636639     DOI : https://doi.org/10.46839/lexstricta
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA), contains scientific writings, results of research discussions, book discussions and supporting opinions. The legal articles published in this journal are scientific works of students and lecturers who have met the Author Guidelines determined by Lex Stricta: Journal of Legal Studies. All articles submitted by authors and published in this journal are reviewed through a peer review process. Publishing schedule 3 (three) times a year in April, August, December. Submissions must be guided by the Scientific Writing Method and writing instructions as attached. The contents of the article are the sole responsibility of the author. The editor is not responsible for the content of the article.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
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Search results for , issue "Vol. 2 No. 3 (2024)" : 5 Documents clear
Analisa Konsep Rechterlijk Pardon Dalam Proses Mediasi Perkara Diversi Yulian Effendi; Zulkarnain; M. Syahzilli; Henky Irawan; Novandro Ari Sekentianda
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Criminal prosecution is the process of determining and imposing penalties under criminal law. In cases of minor criminal offenses, settlement of cases through reconciliation is permitted. This reconciliation involves the victim, the perpetrator, and the community, but its practice remains limited and is typically conducted outside of court. Forms of reconciliation may include compensation for losses and granting forgiveness, which can influence the leniency of the sentence imposed on the perpetrator. Under Articles 364, 373, 379, 384, 407, and 483 of the Criminal Code, minor criminal offenses that can be resolved through mediation are punishable by a maximum prison sentence of 3 months or a maximum fine of Rp2.5 million. In the juvenile criminal justice system, the diversion mechanism already accommodates this reconciliation. The hope is that victims and offenders can jointly seek the best solution, thereby giving the practice of reconciliation clear legitimacy within Indonesia's criminal justice system.
Pejabat Pembuat Komitmen Memutuskan Kontrak Pengadaan Barang Jasa Pemerintah Secara Sepihak Doni Hertanto; Murti Maharani; Andini Chairani R; Mulyadi
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The procurement of goods and services by the government plays an important role as an instrument for driving the national economy, especially in efforts to improve the welfare of the community. These activities typically focus on the public sector and involve the use of state budgets. In practice, the implementation of government procurement contracts often faces various challenges that may lead to breach of contract or failure to fulfill obligations. In such circumstances, the government, through the Contracting Authority (CA), has the authority to unilaterally terminate the contract as a resolution measure.
Analisis Hukum Penerapan Sanksi Pidana Penyalahgunaan Narkotika Oleh Hakim Ditinjau Dari Sema Nomor 4 Tahun 2010 Di Kota Palembang Choirul Nur Akrom; R. Octavianus; Nirwan; Muhammad Arif Syah Putra
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Law enforcement against drug abuse in Palembang has been carried out in accordance with SEMA No. 4 of 2010, but court decisions are still dominated by prison sentences rather than rehabilitation. Data from the National Narcotics Agency (BNN) for 2020-2022 shows that 1,433 drug addicts were detected, but only 100 were processed to the investigation stage. The main obstacles to implementing Law No. 35 of 2009 include limited public participation and understanding of the BNN's role, social stigma toward drug users, and insufficient rehabilitation facilities. Many families are reluctant to cooperate out of fear that their family members will be imprisoned, even though there are opportunities for rehabilitation or outpatient treatment. This situation restricts the authorities' ability to address drug-related cases.
Analisis Hukum Pengawasan Pelaksanaan Tender Proyek Pemerintah Daerah Dengan Pihak Swasta Dalam Perspektif Hukum Persaingan Usaha Di Kota Palembang Zainal Abidin; Supardiansah; Syamsuddin; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines how supervision is carried out on local government project tenders involving private parties in Palembang City, from the perspective of business competition law. The study focuses on the role of the Regional Representative Council (DPRD) and related agencies in ensuring that the tender process is transparent, fair, and free from monopolistic practices and collusion. The study uses a normative juridical approach combined with case studies. The results indicate that although the oversight mechanisms have followed applicable regulations, there is still potential for unhealthy competition, particularly due to weak oversight during the administrative and bid evaluation stages. Therefore, it is necessary to strengthen technical regulations, enhance the competence of oversight personnel, and foster closer inter-agency collaboration to promote healthy competition and support optimal regional development.
Penegakan Hukum Terhadap Tindak Pidana Juru Parkir Liar Di Kota Palembang Akrim Mualif Alfatiri; Wawan Indrawan; Joni; Firmansyah
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Parking is an important part of the transportation system, as every private vehicle journey typically begins and ends at a parking lot. The government regulates various forms of parking permits, such as public parking, incidental parking, special parking, parking lots, parking buildings, and parking pools. However, the practice of illegal parking fees still frequently occurs and is categorized as illegal extortion (pungli). Under the Criminal Code (KUHP), such extortion can be prosecuted under Article 368 on extortion, which imposes a prison sentence of up to nine months on offenders who force someone to hand over property or money unlawfully through violence or threats.

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