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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 21 Documents
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Search results for , issue "Vol. 4 No. 1 (2025)" : 21 Documents clear
Analisis Putusan Peninjauan Kembali Di Bawah Ketentuan Minimum Pidana Penjara Dalam Perkara Narkotika (Studi Kasus Putusan MA Nomor 375 PK/PID.SUS/2024) Adrian, Sesilia Firsty; Adhitya Widya Kartika
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The application of law in Indonesia is based on the positive law applicable in Indonesia. There is an application of law in Supreme Court Decision Number 375 PK/Pid.Sus/2024 which is the object of the author's research by reviewing the suitability of the decision by comparing the decision with the positive law applicable in Indonesia. The verdict can be reviewed from formal law by referring to the Criminal Procedure Code as the legal basis, while from material law referring to Law Number 35 of 2009 concerning Narcotics. The application of the law in the Supreme Court Decision is reviewed from formal law by looking at the procedure when the applicant submits a request for a review to reopen a decision that has permanent legal force to be retried in court. The author conducts research on the application of formal law whether it is in accordance with the requirements and procedures contained in the Criminal Procedure Code and in accordance with the process of requesting a Judicial Review. The suitability of the application of material law is also examined by the author reviewing Law Number 35 of 2009 concerning Narcotics and also several related regulations. The purpose of the suitability of the application of law to a decision has an impact on the realization of the pillars of law stated by Gustav Radburch, namely justice, expediency, and legal certainty. The author in this study will examine the realization of the pillar of legal certainty in Supreme Court Decision Number 375 PK/Pid.Sus/2024.
Urgensi Regulasi Cyber Notary Dalam Mendukung Kepastian Hukum Di Era Digital Abdillah, Satrio; Saputra, Hamanda Hadi
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1367

Abstract

The urgency of this research lies in the urgent need to address the gap in Cyber notary regulations that have the potential to weaken legal certainty in the digital era. This research aims to identify challenges and formulate a regulatory concept that is adaptive to technological developments. Thus, it is expected to strengthen legal protection for parties in electronic transactions. The focus of this research is in line with the Sustainable Development Goals (SDGs), especially Goal 16: Peace, Justice, and Strong Institutions. This research supports the creation of responsive and transparent legal institutions by strengthening Cyber notary regulations in the digital era. This research method uses a qualitative approach analyzed using NVivo 12 Plus through transcription, data import, coding, and visualization. Data validity is maintained through source triangulation to ensure the reliability of the findings. This study's findings indicate that implementing Cyber notary regulations in the digital era is critical to guarantee legal validity, increase legal certainty and protection, and support safe digital transformation in notary services. Implementing cyber notaries in Indonesia still faces significant obstacles: the absence of specific regulations, limited technological infrastructure, lack of human resources, digital competence, and high data security and privacy risks. Therefore, regulatory development needs to prioritize six main aspects: validation of electronic deeds, standardization of procedures and technology, data protection and privacy, improving the digital competence of notaries, periodic supervision, and dispute resolution mechanisms.
Penerapan Criminal Justice System Yang Humanis Dan Eefektif Sebagai Paradigma Baru Pembaharuan Sistem Peradilan Pidana Di Indonesia Rahayu, Setyaning; Sidik Sunaryo
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1370

Abstract

Indonesia's criminal justice system is currently facing serious challenges. Problems such as prison overcapacity, injustice in law enforcement, and inadequate protection of human rights are major issues. In this study, the researcher applied a systematic review method and meta-analysis of various literatures and recent studies to examine the implementation of a new paradigm in a more humane and effective criminal justice system in Indonesia. The findings show that reforms in the criminal justice system need to emphasize the principles of restorative justice, protection of human rights, as well as collaboration between law enforcement agencies. Collaboration is needed to demonstrate shared commitment, update regulations, and increase the capacity of law enforcement agencies in order for Indonesia's criminal justice system to achieve real justice and protect human rights.
Reading Books Live On Tiktok: Is It Legal. Justine, Gabriele
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the copyright law of Indonesia and the legality of reading aloud a book on a live TikTok. The purpose is to comprehend the legal implications and ethical considerations of doing so based on Indonesian copyright law. The study employs a normative legal research method, where applicable legal norms and legal doctrines pertaining to copyright infringement in the context of live reading of books on TikTok. The study employs a statute approach, juxtaposing relevant laws that govern copyright and the exploitation of copyrighted works in the TikTok platform. A conceptual approach is used to analyze legal concepts relating to copyright and the exploitation of works on social media. Qualitative analysis is conducted to identify and analyze relevant legal issues surrounding copyright infringement in live book reading on TikTok. Document analysis and study conclusions contribute to a general understanding of copyright infringement challenges in a context of TikTok. The objective of the present study is to provide a general legal analysis of the practice of reading aloud a book during a live TikTok session based on copyright infringement.
Pertanggungjawaban Direksi BUMN Terhadap Kerugian Negara Berdasarkan Regulasi Pemerintahan Sektor Perusahaan Dan Pidana Afrilia, Dian; Sayit Bandung Bondowoso
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1400

Abstract

This paper provides an in-depth analysis of the accountability of directors of State-Owned Enterprises (SOEs) for state financial losses from the perspectives of corporate law and criminal law. The core issue lies in the tension between two legal regimes with contrasting orientations: corporate law, which emphasizes professionalism, managerial discretion, and protection against business risks through the business judgment rule doctrine; and criminal law, particularly the Anti-Corruption Law, which focuses on the consequences of actions in the form of financial losses to the state. In practice, this divergence often leads to legal uncertainty and overlaps, as business losses are frequently equated with unlawful acts subject to criminal sanctions. This paper argues that a repressive approach one that disregards rational decision-making processes has created fear among directors, resulting in a chilling effect that negatively impacts the management of SOEs. Therefore, a normative and institutional integration is urgently needed, placing the business judgment rule, the principle of lex posterior derogat legi priori, and the ultima ratio principle as foundational elements in assessing directors’ liability. The main conclusion of this study emphasizes the necessity of harmonizing corporate and criminal law to ensure legal certainty, maintain the continuity of SOE operations, and uphold the integrity of the national legal system.
Pendekatan Restoratif Sebagai Alternatif Pemidanaan Dalam Sistem Peradilan Pidana Indonesia Yogie, Muhammad Yogie Adha; Akuntari, Nur Intan
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1403

Abstract

This paper discusses the restorative justice approach as an alternative to punishment in the Indonesian criminal justice system. The massive use of imprisonment has caused serious problems such as the overcapacity of correctional institutions and the lack of recovery for victims. Restorative justice comes as a response to the weaknesses of the traditional punishment system that overemphasizes the punishment aspect, and is not effective in solving the problem of crime as a whole. The results showed that restorative justice offers a more comprehensive solution by prioritizing victim recovery, social reconciliation, and offender accountability without always relying on conventional punishment. The study results show that restorative justice has the potential to be a more humanist, adaptive, and effective punishment solution, especially in dealing with minor crimes. Several challenges such as the resistance of a rigid legal culture, the lack of understanding of the community and law enforcement officials, and the need for policy harmonization need to be considered. However, the implementation of this approach must be carried out while still paying attention to certain limitations and conditions so as not to cause imbalances in law enforcement.
Tinjauan Yuridis Terhadap Kewenangan Negara Dalam Regulasi Hak Kekayaan Intelektual Di Era Demokrasi Konstitusional Fadli, Adrian; Lanontji, Muryanto; Dirawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Intellectual Property Rights (IPR) have strategic value in supporting the economic growth, creativity, and cultural preservation of a nation. In the context of a democratic state of law, the regulation of Intellectual Property Rights by the state is a constitutional responsibility that cannot be ignored. This study aims to analyze the form of state authority in regulating Intellectual Property Rights in a fair, effective, and constitutional manner. The research method used is normative juridical with statutory, conceptual, and case study approaches to several decisions of the Constitutional Court. The results showed that the implementation of state authority in the field of Intellectual Property Rights has not been optimal, both in terms of legal and institutional substance. The main challenges include weak law enforcement, lack of synergy between institutions, and the absence of maximum protection for communal cultural expressions. This research confirms that regulatory strengthening and institutional reform are needed to realize equitable Intellectual Property Rights protection and in accordance with the principles of constitutional democracy. The state must also balance the protection of individual rights with the public interest so that Intellectual Property Rights regulations do not cause social inequality in the digital era.
Implementasi Asas Strict Liability Atas Tanggungjawab Produk Dalam Hukum Perlindungan Konsumen: Studi Perbandingan Antara Indonesia & Amerika Serikat Pratama, Ridwan Yoga
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1423

Abstract

Indonesian Consumer Protection Law is based on principles that apply to both consumers and producers. The study found that while there is a great opportunity for the principle of fault-based liability to be changed to strict liability, constraints stand out. Furthermore, the findings show that although Indonesia has started to adopt the principle of strict liability in its consumer protection law, there is still a slight interpretation bias in its legal practice, particularly in the enforcement system. This can be inferred by the fact that “reverse proof” is still used in many legal practices. This is different if we compare it with what has happened in the United States. The United States has fully utilized the principle of absolute liability in its consumer protection legal system. In fact, the United States has used absolute liability with the expansion of intentional tort, which is more favorable to consumers.
Analisis Dampak Kebijakan Efisiensi Belanja Perjalanan Dinas Terhadap Kemandirian Fiskal Daerah Setelah Penerapan Undang-Undang Nomor 1 Tahun 2022 Putriani V, Setiajeng
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The efficiency of local government budget management has become a central issue in efforts to strengthen local fiscal autonomy, especially after the enactment of Law No. 1 of 2022 on Financial Relations between the Central Government and Local Governments. One of the strategic policies implemented is the efficiency of official travel expenses, which has been a significant expenditure item in the local budget. This study aims to analyze the impact of the efficiency policy for official travel expenses on regional fiscal autonomy, both in terms of changes in the APBD structure and the achievement of fiscal autonomy indicators before and after the implementation of Law No. 1 of 2022. The research method uses a quantitative approach with secondary data analysis of the APBD from several local governments, supported by qualitative studies through interviews with local finance officials. The results of the study indicate that the policy of efficiency in official travel expenses has a positive impact on increasing the proportion of productive spending and improving the fiscal autonomy ratio in most of the study areas. However, the impact of these policies varies across regions depending on their fiscal characteristics and financial management capacity. The implications of this research emphasize the importance of consistent budget reform and the strengthening of sustainable local fiscal governance to achieve more optimal fiscal autonomy.
Urgensi Pemberatan Hukuman Bagi Residivis Kekerasan Terhadap Anak Sebagai Upaya Perlindungan Hukum Anak Di Indonesia Azrieliani Vira Annisa; Maroni; Dewi, Erna
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1425

Abstract

Violence against children is a form of human rights violation that requires serious handling, especially when committed by perpetrators who are recidivists. In the context of criminal law in Indonesia, the aggravation of punishment against perpetrators of child abuse who repeat their actions is still not explicitly regulated in the applicable regulations. In fact, the aggravation of punishment against recidivists is an important step to strengthen the legal protection of children. This research aims to examine the urgency and contribution of aggravated punishment in order to provide more effective legal protection for children as a vulnerable group. Through a normative juridical approach, it is found that the aggravation of punishment for recidivists does not only create a deterrent effect, but also serves as a preventive effort, the formation of a legal culture, and the enforcement of substantive justice. The state has a moral and legal responsibility to tackle violence against children through legal instruments that are clear, firm, and oriented towards victim protection. Therefore, it is necessary to reformulate criminal law policies that explicitly regulate the aggravation of sanctions for recidivists of violence against children so that the criminal justice system can work more effectively, fairly, and humanistically.

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