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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
Diskresi Pejabat Administrasi Dalam Pelayanan Publik Terhadap Batasan Dan Pengawasan Diskresi Putri, Sarah Adinda; Triono, Agus; Kasmawati, Kasmawati
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.v4i1.1427

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.
Regulasi Hukum Merek Terhadap Merek Terkenal Rika Novalina; Nia Nopianti; Johansyah; Fadli Rahman Wahidi
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.v4i1.1428

Abstract

This research is an intensive, detailed, and in-depth literature study. The data collection method used in this study is the applicable regulations, and legal analysis is one of the useful research methods for future legal knowledge needs. To analyze the files from the search results, primary and secondary data can be processed and then analyzed qualitatively. Subsequently, a review was conducted, and the essence was obtained. The legal regulation of the trademark system adopted in Indonesia is the “first-to-file” system, meaning that the first applicant to file will be protected. However, pursuant to Article 21 of Law No. 20 of 2016 on Trademarks and Geographical Indications, the applicant for trademark registration must act in good faith. Therefore, the first applicant whose rights are protected is the one who acts in good faith.
Konstruksi Hukum Perlindungan Kurir Cash On Delivery (COD) Berbasis Asas Keadilan Dan Kepastian Alifvio Bramandika Karindra; Rohaini, Rohaini; Kasmawati, Kasmawati; Sunaryo, Sunaryo; Adhan S, Sepriyadi
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.v4i1.1430

Abstract

Digital transformation has given birth to new forms of work, one of which is couriers in the Cash on Delivery (COD) payment system which is a central actor in the Indonesian e-commerce ecosystem. The role of COD courier is not only as a delivery person, but also as a payment intermediary between business actors and consumers. However, this strategic position is not matched by adequate legal protection. COD couriers are often classified as “partners” by digital platforms, not formal workers, so they are in a legal vacuum that negates normative labor rights such as social security, work safety, and protection from consumer violence. This study aims to examine the legal position of COD couriers in the Indonesian labor law system and consumer protection, and analyze the application of the principles of justice and legal certainty to their existence. Using a normative juridical approach and theories of progressive law, responsiveness, and distributive justice, this research finds that the absence of explicit regulation of the legal status of couriers leads to unequal relations between couriers, platforms, and consumers. This research recommends a new hybrid regulation to ensure comprehensive protection for COD couriers, through normative recognition, fair employment contracts, violence reporting systems, and sectoral regulations that are responsive to the dynamics of digital work. The results of this research are expected to become a normative basis in the formation of regulations for the protection of informal workers in the digital economy era.
Penyidikan Tindak Pidana Perpajakan Berdasarkan Peraturan Menteri Keuangan Nomor 17 Tahun 2025 Wibowo, Agung Satryo; Darmawan, Didit; Putra, Arif Rachman; Hardyansah, Rommy; Jauhari, Muhammad Alvin
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.v4i1.1432

Abstract

Law enforcement in the field of taxation plays a crucial role in ensuring compliance and optimizing state revenue. Minister of Finance Regulation Number 17 of 2025 serves as a legal foundation for the investigation of tax crimes, aiming to uphold the principles of transparency, accountability, and human rights protection. This study examines two main aspects: the implementation of tax crime investigations and the practical challenges encountered, as well as how taxpayers' rights are protected under the regulation. The findings indicate that although the regulation contains comprehensive procedural standards and safeguards, several obstacles persist in practice, including legal interpretation issues, limited resources, and socio-cultural or bureaucratic barriers. It is recommended that derivative regulations be refined, the competence of law enforcement officers be improved, and oversight mechanisms be strengthened to ensure fair investigation processes for both the state and taxpayers. Continuous reform is necessary for the national taxation system to effectively address legal challenges and meet public needs in a balanced manner.
Company Responsibility for Environmental Damage Caused by Mineral and Coal Mining Haddat, Chairil; Budiarsih
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Mining activities in Indonesia provide a large economic contribution, but on the other hand have the potential to cause significant environmental damage. Environmental damage due to mining activities is a serious problem that continues to be in the public and academic spotlight. To ensure legal protection for the environment and affected communities, the Indonesian legal system regulates various forms of legal liability, including civil liability. This study aims to determine several important targets related to regulatory changes in the mining sector in Indonesia, especially regarding the involvement of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. This research method uses normative legal research, with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials, and the analysis of the materials carried out is qualitative analysis. The collection of legal materials was carried out through the literature study method. The results of the discussion show that there are still many administrative violations that have an impact on environmental sustainability, due to weak supervision and lack of transparency. Mining companies have strong legal responsibilities based on laws and regulations. However, in its implementation, many violations and lack of supervision are still found. Therefore, it is necessary to strengthen regulations and reform the environmental administration system as a whole.
Legal Protection for E-Commerce Sellers and Consumers in Indonesia Reviewed from Law Number 8 of 1999 and Law Number 11 of 2008 Rosari, Kristin Gaby; Subekti; Suyono, Yoyok Ucuk; Widodo, Ernu
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The problem in this research is that the act of default can cause losses to the contract partner, so the contract partner who is harmed has the right to ask for legal protection through the court to force the person who committed the default to carry out his obligations in accordance with the agreed contract. The purpose of this study is to determine the type of legal protection that each party has and investigate the challenges associated with putting current regulations into effect.  The concepts of justice, legal certainty, and legal protection are examined along with pertinent laws and regulations using the normative legal method. The results of the study show that current regulations already cover various forms of protection, such as electronic contract requirements, business actors' obligations to provide transparent product information, and sanctions for violations of the law. However, the implementation of regulations faces obstacles, including lack of legal awareness and technological limitations. This study recommends strengthening government supervision, increasing digital literacy among the public, and collaboration between stakeholders to create a safer and more equitable e-commerce environment.
Peran Hukum Kepailitan Dan Penundaan Kewajiban Pembayaran Utang (PKPU) Dalam Penyelesaian Sengketa Utang Piutang Di Indonesia Dirgantara, Febrian; Putra, Arif Rachman; Darmawan, Didit; Khayru, Rafadi Khan; Wibowo, Agung Satryo
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.v4i1.1444

Abstract

This study aims to provide a normative‑juridical analysis of the legal framework governing bankruptcy and The Suspension of Debt Payment Obligations (PKPU) under Indonesia’s Law No. 37 of 2004. Using a normative approach, the research examines the statutory foundations, core principles, and the mechanisms by which bankruptcy and PKPU procedures are implemented in resolving creditor‑debtor relationships in Indonesia. It addresses the eligibility criteria, procedural stages, and institutional roles involved both in initiating bankruptcy proceedings and in conducting the PKPU mechanism as a means to rescue the debtor’s business. The analysis finds that while Law No. 37 of 2004 offers robust legal instruments, its practical implementation still faces challenges such as limited transparency, potential moral hazard, and the need to bolster the role of administrators and judicial oversight. In particular, PKPU provides a valuable opportunity for debtors and creditors to negotiate debt restructuring before moving to liquidation, aligning more closely with principles of procedural justice and economic efficiency. Ensuring consistent enforcement and the integrity of legal actors is critical for the Law’s objectives to be fully realized in practice.
Berakhirnya Perjanjian Kerja Laut Karena Kecelakaan Kapal Tenggelam (Studi Kasus Putusan Nomor 84/PDT.SUS-PHI/2023/PN SBY) Yanti, Helen; Wibawa, Risan; Saepudin, Wahyu
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The Maritime Employment Agreement (PKL) is the legal basis for the employment relationship between seafarers and maritime transport operators. One of the issues that often arises is the legal status of the PKL in the event of a maritime accident, particularly the sinking of a vessel. In this context, the question arises as to whether the PKL automatically terminates, and whether the operator remains obligated to pay the seafarers' entitlements, such as severance pay, wages, and compensation. This study aims to examine legal protection for seafarers in force majeure situations based on Article 27 of Government Regulation No. 7 of 2000, which states that employers remain obligated to pay severance pay equivalent to two months' final salary and other entitlements. This study highlights Decision Number 84/Pdt.Sus-PHI/2023/PN SBY, in which the heirs of a sailor sued the company for failing to fulfill employment rights, using a normative juridical method with a legislative approach and case studies. The focus is on analyzing legal norms related to seafarers' rights under force majeure conditions and reviewing relevant court decisions to evaluate the consistency of law enforcement. The analysis results indicate that the court ruled fairly by emphasizing that force majeure does not exempt employers from liability. However, there are still weaknesses in the implementation of seafarers' legal protection, particularly in terms of government outreach and oversight. Therefore, legal protection must be strengthened systematically to ensure that seafarers and their families receive genuine justice.
Implementasi Penanganan Benturan Kepentingan di Lingkungan Komisi Pemilihan Umum Kota Palembang Purnamawati, Evi
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.v4i1.1495

Abstract

Handling conflicts of interest is a crucial aspect in conducting elections with integrity. The General Election Commission (KPU) as the election organizer is required to maintain independence, neutrality, and professionalism. This study aims to analyze the implementation of conflict of interest management within the General Election Commission (KPU) of Palembang City, the inhibiting factors, and improvement strategies. The research method uses a qualitative approach with normative descriptive analysis and field studies through in-depth interviews with commissioners and secretariat staff of the General Election Commission (KPU) of Palembang City. The results show that although regulations on conflicts of interest are available through the General Election Commission (KPU) Regulation and the State Civil Service Commission (KASN) Regulation, their implementation still faces obstacles, such as a lack of understanding among human resources, limited internal monitoring mechanisms, and the potential for local political intervention. Therefore, institutional strengthening strategies, ethics training for organizers, and transparent public reporting mechanisms are needed.
Analisis Dasar Pertimbangan Majelis Hakim Atas Tindak Pidana Anak Yang Dilakukan Secara Bersama Ditinjau Dari Teori Keadilan (Studi Putusan Pengadilan Negeri Kayu Agung Nomor 9/Pid.Sus-Anak/2023/PN Kag) Wijaya, Andy; Zahri, Saipudin; Salia, Erli
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.v4i1.1497

Abstract

Children who commit crimes must still be treated humanely by upholding the principles of non-discrimination, the best interests of the child, and respect for their right to life and development. This study examines the basis for the panel of judges' considerations regarding criminal acts committed by children jointly from the perspective of justice theory through a study of Kayu Agung District Court Decision Number 9/Pid.Sus-Anak/2023/PN Kag, as well as the legal remedies filed by the defendant against the decision. The method used is normative legal research supported by field data and is descriptive and analytical in nature. The results of the study show that the judges' considerations were based on philosophical aspects that emphasized rehabilitation for the defendants, thus reflecting the application of modern criminal law theory and some modern theories of justice. However, the defendants filed an objection because they considered that the verdict did not fully take into account mitigating factors, such as their confession and remorse for their actions, so the judges should have given more consideration to these factors before handing down the verdict.

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