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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 14 Documents
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Search results for , issue "Vol. 3 No. 3 (2025)" : 14 Documents clear
Analisis Yuridis Penanganan Kasus Narkoba Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Study Kasus Direktorat Reserse Narkoba Polda Sumatera Selatan) Reza Pahlevy; M. Azza Nuhanda; Ade Rizky Amanda; M.Edho Reza Utama
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1280

Abstract

The impact of globalization in this modern era in addition to the economy also has an impact on crime, one of which is Drugs (Narcotics, Psychotropic, and other Addictive substances). The concern is not without reason, because from various mass media we can know together that the users of illegal drugs or drug users have increased to various levels of society. The methodology in writing this thesis is empirical juridical research where this research deals directly and is synchronized with legal principles and existing regulations. The investigation process of Ditres Narkoba is carried out in several stages, in accordance with the Standard Operating Procedure for handling drug crimes. First, reports or information are collected from the public. After that, an investigation task and warrant are made. Next, the information report is enhanced by using investigation methods such as inspection, surveillance, purchase under cover, and delivery control.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pencurian Aliran Arus Listrik Yang Sering Terjadi Di Kayuagung Kiki Rezvianti; Aprianto; Aan Hendry; Raldo Andika Mandasia
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1282

Abstract

The factors causing the crime of theft of electric current in Kayuagung are electrical installation procedure factors, economic factors, environmental factors and weak law enforcement against perpetrators of criminal acts of theft of electric current. The efforts made by PT. PLN (PERSERO) Kayuagung branch regarding the criminal act of theft of electric current by carrying out preventive and repressive efforts. Preventive efforts are efforts made to change a person's negative characteristics into positive ones and can provide knowledge about the dangers of committing electricity theft, while preventive efforts are made to provide a deterrent effect against perpetrators of electric current theft.
Implementasi Prinsip Keadilan dalam Kontrak Asuransi Pasca Putusan Mahkamah Konstitusi Nomor 83/PUU-XXII/2024 atas Pasal 251 Kitab Undang-Undang Hukum Dagang (KUHD) Niken Febriani Safitri; Elisatris Gultom; Sudaryat
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1284

Abstract

The Constitutional Court Decision Number 83/PUU-XXII/2024 concerning Article 251 of the Indonesian Commercial Code (KUHD) represents a pivotal moment in strengthening legal protection for policyholders within insurance contracts in Indonesia. Prior to this ruling, Article 251 KUHD authorized insurers to unilaterally revoke insurance policies upon discovering discrepancies in the information provided by policyholders, including unintentional errors. Such a provision created an imbalance in the legal position between insurer and insured, and often led to injustice in insurance practices. Through this decision, the Constitutional Court annulled the aforementioned provision, emphasizing the importance of applying the principles of justice and proportionality in contractual relationships. This study aims to examine the implementation of the principle of justice in insurance contracts following the Court's ruling. The analysis focuses on both juridical and practical impacts on the process of forming and executing insurance agreements. This research employs a normative juridical method, with statutory, conceptual, and case study approaches. The findings indicate that the revocation of Article 251 KUHD has shifted the burden of disclosure, placing greater emphasis on fairness in evaluating the balance of rights and obligations between the parties. The principle of justice now plays a central role, replacing the insurer's previous unilateral dominance. This condition necessitates adaptation from both the insurance industry and regulatory authorities in formulating technical policies that prioritize consumer protection and contractual equity.
Analisis Tindak Pidana Curanmor Roda Dua Di Kecamatan Kemuning Palembang (Studi Kasus Polsek Kemuning) Thalia Ayu Novita Zen; Sudarna; Nasirin; Al Brama Loka Sahardi; Hari Budiyanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1285

Abstract

Two-wheeled motor vehicle theft is one of the many types of crimes that occur and are known to the public. Because motorized vehicles are so prevalent, these criminals have a negative impact on society. In addition, motor vehicle theft falls into the category of organized, syndicated crime, and can be a crime preceded by violence against persons. This crime usually occurs in cases of robbery of vehicle drivers, then theft of motor vehicles by breaking, damaging, or climbing, which is carried out at night in closed houses or entering houses that have yards and boundaries. Internal factors, such as age, religion, anomy, emotional power, and low mental capacity, and external factors, such as victim negligence, economic factors, and parking out of place, are all factors that influence the crime of two-wheeled theft. It is very important for the police and the community to work together, such as by holding night patrols and the community strengthening communication in its ranks to facilitate the arrest and handling of curanmor perpetrators.
Kapabilitas Lembaga Legislatif dalam Menjalankan Mekanisme Check and Balances Pasca Perubahan Undang-Undang Dasar 1945 Utami, Iftitah
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1426

Abstract

The main problems in this study are: how the authority of the legislature in carrying out the mechanism of checks and balances, and how the comparison of the capabilities of the legislature before and after the amendment of the 1945 Constitution (UUD). The purpose of this study is to analyze the authority of the legislature in maintaining the balance of power between state institutions, as well as assessing changes in the capabilities of the legislature after the amendment of the 1945 Constitution. This research uses normative juridical method, which is research based on literature study and analysis of relevant laws and regulations. The results show that the mechanism of checks and balances after the amendment of the 1945 Constitution causes the relationship between state institutions to become more complex, but at the same time strengthens government stability. This reflects the dynamics of democracy which takes time to form mature institutional procedures and habits that are acceptable to society, as happens in countries with established democracies. The conclusion of this study is that after the amendment of the 1945 Constitution, the position, duties and authority of the DPR (and DPRD) have changed significantly. Before the amendment, the President had full authority in the formation of laws. However, after the amendment, this authority was transferred to the DPR as the holder of legislative power. The President only has a role in ratifying draft laws that have been discussed with the DPR. This change strengthens the political and juridical position of the DPR, and increases its role in maintaining a system of control and balance in the administration of government.
Penerapan Business Judgement Rule Terkait Dengan Keputusan Direksi PT BUMN Sudarna, Sudarna
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1429

Abstract

The decision of the board of directors in managing the company related to its core business is required to be able to manage the company with good integrity, full of caution, in order to obtain profits. Directors running the company's activities can prove that the decisions taken are not based on personal interests but for the benefit of the company. BUMN companies in carrying out their business are not only in the field of private law, but their business is also carried out in the field of public law.  The purpose of this research is to find out whether the new BUMN Law can create impunity loopholes, especially in cases of corruption that are neatly structured within BUMN. The results showed that BUMN companies not only run the core business, but are also given the mandate to carry out government functions to provide public services or as PSO implementers such as subsidized fertilizers to support food self-sufficiency programs.  As a PSO Executor, it is certainly oriented in handling direct state financial flows, for that there must be administrative separation and its implementation must be open. if studied administratively and referring to Law Number 28 of 1999, this policy cannot be ignored, even so the directors are included as State Officials. Why is this so, directors can be convicted in corruption cases if the elements of state losses are met, if proven negligent in making decisions that have an impact on state losses. In the new BUMN Law, directors are given the freedom to manage the company through the principle of Business Jugement Rule, this principle does not mean that the actions of directors become immune to the law or cannot be a shield for corrupt practices that harm the state.
Pengaruh Kemajuan Teknologi Dalam Hukum Investasi Di Indonesia Mardhiyah; Tuti Sayekti; Abdurrahman Saleh; Rico Febriansyah; Wendi Sastra
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The advancement of digital technology has significantly influenced the dynamics of investment law in Indonesia. Innovations such as financial technology (fintech), cryptocurrency, and digital trading platforms have expanded access to investment opportunities while simultaneously introducing new legal risks. This study aims to examine the impact of technological progress on regulation, legal protection for investors, and law enforcement against violations, including cybercrime and investment fraud. Employing a normative juridical approach, the analysis draws on legislation, court decisions, and recent academic literature. The findings indicate that inadequate regulation, weak supervisory mechanisms, and low legal literacy among investors remain major obstacles. Therefore, adaptive legal reform is required through specific regulations on digital transactions, strengthened oversight, and enhanced collaboration among government, industry, and society. This study underscores the necessity of responsive investment law in addressing technological developments and contributes to the academic discourse on regulatory transformation in the digital era.
Legitimasi Publik Dan Tuntutan Pemakzulan Kepala Daerah Dalam Ketatanegaraan Perspektif Siyasah Dusturiyah Pratama, Dhendy Setiawan; Khalid, Khalid
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The impeachment of regional heads is a very important constitutional instrument in the Indonesian state administration, which aims to ensure the accountability and integrity of public officials at the local level. In the framework of a democracy based on direct elections, regional heads gain legitimacy through a mandate from the people, but this legitimacy is not absolute. With political and legal developments, various demands for impeachment have arisen, not only based on legal violations but also due to factors such as the weakening of public legitimacy. In practice, the impeachment process is often caught between legal norms and political realities, resulting in a process that is fraught with political nuances and power interests. This article attempts to analyze this phenomenon from two perspectives, namely constitutional law in Indonesia and fiqh siyasah, particularly siyasah dusturiyah as explained by Imam al-Mawardi in his work al-Ahkam al-Sultaniyyah. Through a normative legal research approach that refers to legislation and conceptual regulations, this article shows that the impeachment mechanism in Indonesia is clearly regulated in terms of norms, but in practice it often deviates from these norms. From a siyasah dusturiyah perspective, impeachment is defined as part of the mechanism for overseeing leaders who have lost the trust of the people or violated the principles of sharia and justice. Therefore, it is important to have synergy between applicable positive law and the principles of fiqh siyasah in order to create legitimate and accountable regional government management.
Implementasi Peraturan Pemerintah Nomor 22 Tahun 2021 Tentang Penyelenggaraan Perlindungan Dan Pengelolaan Lingkungan Hidup Dalam Pengendalian Pencemaran Limbah Cair PT. Evergreen Di Tanjung Morawa Perspektif Siyasah Dusturiyah Triana, Tanty; Matondang, Maulidya Mora
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study aims to examine the implementation of Government Regulation No. 22 of 2021 on the Management and Protection of the Environment in controlling liquid waste by PT. Evergreen Tanjung Morawa, analyzed from the perspective of Siyasah Dusturiyah. The research employs a juridical-empirical approach, utilizing interviews, observations, and documentation as data collection techniques. The findings reveal that waste management practices have not fully complied with the regulatory framework due to weak supervision, limited institutional capacity, and low industrial commitment to environmental protection. Consequently, water pollution, health problems, and declining local economic productivity have occurred. In the framework of Fiqh Siyasah Dusturiyah, the government bears legal and moral responsibility to ensure public welfare based on the principles of Maqāṣid al-Syarī‘ah and al-Mas’uliyyah al-Bi’iyyah (ecological responsibility). The study recommends strengthening a supervision system grounded in Islamic ethical values to promote just and sustainable environmental governance.  
Kewenangan Badan Pengawas Pemilu (Bawaslu) Dalam Menyelesaikan Pelanggaran Administrasi Pada Pemilihan Kepala Daerah Ditinjau Dari Putusan Mahkamah Konstitusi Nomor 104/Puu-Xxiii/2025 Perspektif Siyasah Dusturiyah Adlin, Muhammad Nur; Batubara, Putri Eka Ramadhani
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study analyses changes in the authority of the Election Supervisory Agency (Bawaslu) in resolving administrative violations in regional head elections following Constitutional Court Decision No. 104/PUU-XXIII/2025 from the perspective of Siyasah Dusturiyah. Using a legal-normative approach and conceptual analysis, this study examines the shift in Bawaslu's position from a recommendatory supervisory body to a quasi-judicial body with the authority to issue final and binding administrative decisions. The results of the study show that strengthening Bawaslu's authority reinforces legal certainty, increases the effectiveness of supervision, and creates balance between election organisers. From a Siyasah Dusturiyah perspective, this policy reflects the implementation of the values of hisbah, ʿadl, and amanah in modern political governance. Normatively and empirically, the synergy between constitutional law and Islamic sharia values strengthens the moral and legal legitimacy of fair and integrity-based election supervision.

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