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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 7 Documents
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Search results for , issue "Vol. 3 No. 1 (2024)" : 7 Documents clear
Analisis Hukum Terhadap Aborsi Korban Perkosaan Berdasarkan Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Aprilia Khoironisa; Muhammad Fikri; Muhammad Gustryan
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Abortion due to rape is an action taken by a woman who is pregnant as a result of rape to terminate her pregnancy. Rape is a form of non-consensual and forced sexual violence, and victims of rape often face difficult decisions regarding the continuation of their pregnancies. In cases of rape, abortion can be performed in various ways, such as through medical procedures or surgical methods, depending on the legal policies and medical requirements in a given area. Some countries recognize the rights of rape victims to access abortion more easily, while others may provide exceptions or more lenient requirements.
Analisis Hukum Pidana Mati Dalam Sistem Peradilan Pidana Pasca Berlakunya Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Hasbi Asyadiki; Zhahnil Novariyanto2
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The application of the death penalty in the Indonesian criminal justice system following the enactment of Law Number 1 of 2023 concerning the Criminal Code. (KUHP). This law introduces a number of significant changes to criminal law, including new provisions related to the death penalty. The main focus of this article is to explore how changes in regulations affect legal principles, implementation, and the sustainability of the death penalty in Indonesia. The application of the death penalty from a human rights perspective, as well as a comparison with the criminal justice systems of other countries that have abolished or still implement the death penalty, shows that although the death penalty is still recognized in the new Criminal Code, there is a tendency to allow for alternative punishments, particularly with the introduction of a probation period before execution. This reflects legislative efforts to balance justice, the prevention of serious crimes, and the protection of human rights.
Analisis Yuridis Terkait Putusan Hakim Dalam Perkara Penganiayaan Yang Menyebabkan Kematian Oleh Anak Berdasarkan Putusan Nomor 49/PID.SUS-ANAK/2023/PN.PLG Rafli Tuada Yudha; Rustam
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Legal protection for children means protecting children from violence and ensuring their rights and welfare. Therefore, every child's right is protected to achieve the goal of creating a healthy young generation for the nation and the country. By using normative legal methodology. Assault that results in death is one type of crime in criminal law that has significant social and legal repercussions. This becomes even more complex when the perpetrators are children, who are governed by the Indonesian juvenile justice system. To gain a better understanding of the legal considerations made by judges and the consequences of those decisions on legal progress and child protection, a legal analysis of this ruling is necessary. The judge considers the psychological and social aspects of the perpetrator, who is a minor, in addition to the positive legal aspects
Sanksi Pidana untuk Anak Berhadapan dengan Hukum Perspektif Residivisme Erwanto Pasaribu; Eko Agus Priadi; Try Wahyudi; Yonathan Rizky Wicaksono
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Sociologically, a child's development, both in terms of environment and mental state, determines whether a child engages in criminal behavior. The legal issue regarding criminal sanctions for children is a difficult and sensitive problem in society because children are the next generation that requires guidance and protection. The concept of recidivism becomes an important factor in the enforcement of law against children who commit violations in this situation. A person's tendency to commit a criminal act again after being previously convicted is called regression. In this discussion, we will address the criminal sanctions applied to children, their effects on recidivism, and the strategies that should be used to resolve this issue.
Perlindungan Hukum Atas Hak Merek Bagi Pelaku Usaha Kecil Terhadap Bolu Cupu Sebagai Makanan Tradisional Khas Kota Kayuagung Dinda Dana Pratiwi; Nadella Priscellia; Syafira Aquaristha; M. Danang Ramadhany Darmawan
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In Ogan Komering Ilir Regency, cupu cake is very popular, especially among the people of Kayuagung City. Unique flavors are very much loved by many people and help small businesses in the city of Kayuagung to develop their products. If utilized effectively, the potential for the development and empowerment of MSMEs throughout Ogan Komering Ilir Regency, particularly in Kayuagung District, is very significant. This potential can have a positive impact on the economic growth of the Kayuagung community. As is known, the economy is one of the very important factors in determining whether a country is classified as a developed or developing nation. The issue discussed in this writing is the importance of continuous legal counseling regarding the awareness of MSME actors, particularly micro business actors. Micro entrepreneurs make up 80% of the population in Kayuagung City, and they continue to believe that branding does not affect the quality of their products. It is very important that the government takes the necessary actions, such as providing counseling and socialization for follow-up, as well as offering guarantees to business actors regarding trademark registration. Awareness of the community culture that contributes to the low registration of trademarks needs to be improved.
Perlindungan Hukum Terhadap Dokter Bedah Yang Melakukan Tindakan Operasi Di Rumah Sakit Charitas Group Palembang Fauzan, Febrero Andro Dwi; Kasra, Helwan; Salia, Erli
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the legal protection of surgeons at Charitas Group Hospital Palembang using a normative juridical and empirical approach. The findings indicate that legal protection is provided through both preventive and repressive measures, which have generally been effective, as reflected in the limited number of medical cases brought to court. Nevertheless, patient complaints still occur but are usually resolved constructively through internal mediation or with the involvement of third parties. Legal protection is granted as long as surgeons fulfill their professional obligations in accordance with the applicable legal framework. Factors influencing such protection include compliance with standard operating procedures (SOP), adherence to clinical pathways, the presence of informed consent, and the observance of medical ethics in healthcare services.
Upaya Penanggulangan Tindak Pidana Narkotika Oleh Badan Narkotika Nasional Provinsi Sumatera Selatan Ganda Wijaya
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the efforts of the South Sumatra Provincial National Narcotics Agency (BNNP Sumsel) in combating narcotics-related crimes and the factors influencing their implementation. Using an empirical juridical method with secondary data, the findings reveal that BNNP Sumsel adopts both non-penal and penal approaches. The non-penal efforts include prevention through supply control programs, demand reduction via public outreach and community empowerment, and harm reduction through rehabilitation. The penal efforts are carried out repressively through investigation, arrest, prosecution, and trial processes. Several factors affect these efforts, namely: (1) weak law enforcement due to limited personnel quality, (2) inadequate facilities and infrastructure caused by insufficient operational funding, and (3) low public participation in providing information or supporting the investigation process.

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