cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Junaidi
Contact Email
jurnallexstricta@gmail.com
Phone
-
Journal Mail Official
jurnallexstricta@gmail.com
Editorial Address
Jln. Kol. H. Animan Achad (d/h Jln. Sukabangun II) KM. 6.5 Lr. Suka Pandai No. 1610. Palembang, Indonesia.
Location
Kota palembang,
Sumatera selatan
INDONESIA
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 22 Documents
 1   2   3 
Search results for , issue "Vol. 4 No. 3 (2026)" : 22 Documents clear
Analisis Hukum Pidana Mati Pasca Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Dalam Penegakan Hukum Dan Hak Asasi Manusia Abdurrahman Saleh; Vherry Andora; Irlan, Irlan
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In criminal law, the death penalty is one of the most controversial forms of punishment because it lies at the intersection of law enforcement, legal certainty, and the protection of human rights. The legal framework governing the death penalty in Indonesia underwent significant changes following the enactment of Law No. 1 of 2023. The death penalty is no longer considered a principal punishment; it is now regarded as a special punishment subject to a specific probationary period. This study examines the reorientation of criminal law policy regarding the death penalty following the enactment of Law No. 1 of 2023 from the perspectives of legal certainty and human rights. This normative legal research was conducted using legislative, conceptual, and analytical methodologies. The research findings indicate that a more selective, restrictive, and precautionary model has emerged from the legal policy shift regarding the death penalty in the Criminal Code. Through the application of more systematic norms, these regulations enhance legal certainty and facilitate the protection of human rights through probationary periods, assessments of the convicted person’s behavior, and the possibility of converting the death penalty to life imprisonment. Therefore, the reorientation of the death penalty following Law No. 1 of 2023 demonstrates the legislature’s effort to balance the interests of public protection, legal certainty, and respect for human dignity.
Penguatan Kerangka Regulasi untuk Mendukung Inovasi dan Kewirausahaan di Era Ekonomi Digital Anugrah, Bintang Dewa; Efendy, Efendy; Irlan, Irlan; Susilo, Susilo
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1585

Abstract

The role of law in promoting innovation and entrepreneurship in the digital era is crucial in creating a sustainable and conducive economic ecosystem. Law functions to provide legal certainty and protection for business actors, particularly through regulations concerning intellectual property rights, personal data protection, and consumer protection within digital economic activities. Adaptive regulations not only safeguard innovators from potential violations of their rights but also ensure fair and ethical business competition. In Indonesia, digitalization has significantly transformed business processes and licensing systems, thereby improving the ease of doing business and supporting economic growth. Therefore, the harmonization of business law with technological developments is essential to maintain a balance between innovation, security, and legal certainty, ultimately strengthening national competitiveness in the global market.
Peran Hukum Dalam Legalitas Dan Keabsahan Badan Usaha Dalam Dunia Bisnis Haiyul Qoiyum; Masitho Marwa; Agus Wahyudi; Veni Kisnawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1587

Abstract

Corporations always interact with external entities to maintain the integrity of a law-abiding company (“in good faith”), highlighting the importance of corporate legality in commercial endeavors. One of the most critical aspects is the legality of a company or business organization, as it embodies the fundamental principle that enables a company to be recognized by society and legitimized. A company must be considered valid in accordance with relevant laws and regulations, under which it is protected or safeguarded by various legal documents until they acquire legal force. Forms of Corporate Legitimacy: Corporate nomenclature, brand identity, and commercial operating licenses are some forms of identification that confer legitimacy upon a company. Corporate legitimacy also serves as legal protection, a promotional tool, evidence of legal compliance, facilitates project acquisition, and accelerates business growth. A company established without legal formalization can result in significant losses for other entities consistently involved in its business activities.
Analisis Yuridis Tanggungjawab Kepolisian Daerah Sumatera Selatan Dalam Menangani Pelaku Tindak Pidana Yang Melarikan Diri Tri Setia Andrian; Aditya, Fariz Nayoan
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i2.1588

Abstract

The police’s responsibility to handle fugitive suspects, including verifying their status on the Wanted Persons List, is a critical component of the law enforcement process. However, there is currently no clear legal basis within Indonesia’s criminal justice system specifically the Criminal Procedure Code (KUHAP) for establishing the Wanted Persons List. To examine this issue, this study employs an empirical approach. The findings indicate that the regulations governing the Wanted Persons List are inconsistent with the law, which may violate legal certainty and the principle of non-discrimination. Additionally, there is a lack of harmonization among regulations and weaknesses in technical implementation. Furthermore, the operation of the Wanted Persons List faces challenges such as a lack of regulations, poor coordination among agencies, and technical issues, which hinder law enforcement. Therefore, to improve efficiency and legal stability in managing the Wanted Persons List, a comprehensive legal overhaul regarding the system is necessary, along with strengthened cooperation among law enforcement agencies, including international cooperation.
Pertimbangan Hakim Dalam Penetapan Wali Adhal Akibat Kepercayaan Di Pengadilan Agama Jombang Naomi, Clara Sophia; Zuhda Mila Fitrianna
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This Study Discusses The Legal Considerations Of Judges In Appointing A Guardian Due To The Refusal Of A Blood Guardian Influenced By Kejawen Beliefs. Kejawen, As One Of The Local Beliefs Of The Javanese People, Has Its Own Value System Which In Some Cases Conflicts With The Principles Of Islamic Law, Particularly In The Context Of Marriage. This Study Was Motivated By A Real Case In The Jombang Religious Court, Where A Biological Father Refused To Be His Child's Marriage Guardian Due To Pressure From Relatives Who Adhered To Kejawen Teachings, Even Though The Marriage Fulfilled The Requirements Under Islamic Law. The Study Used A Juridical-Empirical Approach, With Data Obtained Through Court Observation, Document Study, And Analysis Of Relevant Legal Norms. The Results Of The Study Show That The Judge's Considerations Were Based On The Principles Of Maqashid Syariah, The Protection Of Women's Rights, And The Principle Of Substantive Justice. The Judge Appointed A Guardian Judge As A Legal Solution Because The Guardian's Refusal Was Deemed Invalid According To Islamic Law. These Findings Demonstrate The Importance Of Harmonizing Religious Law, State Law, And Local Culture In The Practice Of Religious Courts.
Analisis Yuridis Kewenangan Absolut Pengadilan Negeri Dalam Memutus Sengketa Gugatan Perbuatan Melanggar Hukum Terhadap Lembaga Pemerintah (Studi Putusan Nomor: 771/PDT.G/2022/PN JKT.PST) Averoezy, Fauzul; Kartika, Adhitya Widya
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1501

Abstract

Jurisdiction is one of the most common defenses raised in civil disputes, as it determines whether a case falls within the jurisdiction of the court hearing it. This study is motivated by the discrepancy between legal theory and the practice of law enforcement. The methodology employed is a normative legal approach, utilizing statutory analysis, case law analysis through comparable rulings, and a conceptual analysis regarding jurisdiction, unlawful acts, lawsuits, and government agencies. This study aims to outline the elements of the case, particularly regarding the liability of government agencies for alleged PMH, and to analyze the application of positive law in Indonesia. The results of the study indicate that: (1) the government agency cannot be held liable for PMH because the elements of the alleged provision have not been met; and (2) the panel of judges at the Central Jakarta District Court should have declared that it lacked jurisdiction to hear the case, as jurisdiction lies with the Jakarta Administrative Court.
Kedudukan Mahkamah Konstitusi Dalam Menjaga Hak Konstitusional Warga Negara Sugianto, Bambang; Arista, Windi; Amin, Muhammad Nur
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1699

Abstract

The Constitutional Court is a state institution established after the amendment of the 1945 Constitution as a manifestation of the principles of the rule of law and constitutional supremacy. This institution has a strategic role in safeguarding and protecting the constitutional rights of citizens, particularly through its authority to review laws against the 1945 Constitution. This study aims to analyze the position of the Constitutional Court in the Indonesian constitutional system and its role in protecting the constitutional rights of citizens. The research method used is normative legal research with a legislative and conceptual approach. The results show that the Constitutional Court acts as the guardian of the constitution and the final interpreter of the constitution with final and binding decisions. Through the judicial review mechanism, the Constitutional Court functions as an important instrument in ensuring constitutional supremacy, strengthening the rule of law, and protecting the constitutional rights of citizens in Indonesia's constitutional democracy system.
Pemidanaan Berbasis Risiko dalam Tindak Pidana Persaingan Usaha Tidak Sehat Nasrullah, Nasrullah; Sylvia Paramitha Syahrul; Rudi Suryadi; Endang Bunyamin; Supri Yanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Unfair business competition crimes are a form of economic crime that has a systemic impact on the business climate and consumer welfare. Until now, the approach to punishing violations of business competition principles has tended to be symbolic and does not reflect the complexity and risk of losses incurred. This article proposes a risk-based punishment approach as a new framework for determining more proportional and effective criminal sanctions. This approach measures the degree of fault based on the potential for market damage, the level of repetition, and the macroeconomic impact. This study uses a normative method with a legislative and comparative approach to models in the European Union and South Korea. The results of the study show that a risk-based punishment system can increase the deterrent effect on economic criminals and strengthen the legitimacy of criminal law as an instrument of market protection.
Implementasi Pemenuhan Hak Restitusi Bagi Anak Korban Kekerasan Seksual Pada Tahap Penuntutan (Studi di Kejaksaan Negeri Kabupaten Malang) Kristo Saputra; Yana Indawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1461

Abstract

This study examines the implementation of restitution rights for child victims of sexual violence during the prosecution phase at the Malang Regency District Attorney’s Office. Pursuant to Article 71D (1) of Law No. 35 of 2014 on Child Protection and Government Regulation No. 43 of 2017, every child victim is entitled to restitution through the courts. Using an empirical legal research method, the results indicate that the implementation of restitution has generally adhered to applicable regulations; however, inconsistencies persist in practice, such as the absence of clear time limits and insufficient information provided to victims from the prosecution stage onward. Other barriers include minimal prosecutor involvement from the outset, low victim awareness, and weak inter-agency coordination. This study recommends enhancing prosecutors’ capacity through continuous training, expanding public awareness campaigns, and strengthening coordination among prosecutors, investigators, and the Witness and Victim Protection Agency.
The Efektivitas Pengawasan Keuangan Negara oleh Badan Pemeriksa Keuangan sebagai Upaya Preventif terhadap Tindak Pidana Korupsi Habibi, Iskan; Tjandra, W. Riawan
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1478

Abstract

Supervision of state finances plays a strategic role in preventing corruption practices that harm the economy and state finances. The Audit Board of Indonesia (BPK), as an institution granted constitutional authority, has the primary task of auditing the management and accountability of state finances, both at the central and regional levels. This article aims to analyze the effectiveness of the oversight conducted by the BPK in preventing corruption and to identify the challenges and obstacles faced, particularly related to resource limitations, follow-up on audit results, and synergy with law enforcement agencies. Through a normative approach by examining constitutional provisions, laws, and legal doctrines, it was found that although the BPK has procedurally carried out its functions of financial, performance, and investigative audits, its effectiveness is still not optimal. One of the main obstacles is the low level of follow-up on audit recommendations, as well as the absence of strict sanctions against parties who do not implement the recommendations. In addition, the inconsistency between BPK's findings and the outcomes of legal proceedings also raises doubts about the consistency of oversight. Therefore, there is a need for institutional strengthening, enhancement of auditor capacity, utilization of modern audit technology, and closer coordination with law enforcement agencies so that the oversight function of the BPK can significantly contribute to preventing corruption and realizing good governance.

Page 1 of 3 | Total Record : 22

 1   2   3 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 3 (2026) Vol. 4 No. 2 (2025) Vol. 4 No. 1 (2025) Vol. 3 No. 3 (2025) Vol. 3 No. 2 (2024) Vol. 3 No. 1 (2024) Vol. 2 No. 3 (2024) Vol. 2 No. 2 (2023) Vol. 2 No. 1 (2023)