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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 22 Documents
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Search results for , issue "Vol. 4 No. 3 (2026)" : 22 Documents clear
Dampak Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023 terhadap Kepailitan Ainia Fitria Rusdi; Mubaroq, Ahmad Muhajir Firrizqi
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.v4i3.1639

Abstract

The issuance of Supreme Court Circular Letter No. 3 of 2023 has significant implications for the application of the principle of simplified evidence in bankruptcy law, particularly in cases involving apartment and/or low-rise housing developers. This SEMA affirms that bankruptcy petitions against developers generally do not meet the qualifications for the principle of simple proof as stipulated in Article 8(4) of Law No. 37 of 2004, thereby limiting consumers’ access to bankruptcy mechanisms as a means of rapid and effective rights recovery. This study employs a normative legal method with a legislative and conceptual approach to examine the legitimacy of the SEMA within the hierarchy of legal norms and its impact on the balance of civil liability in the tripartite relationship between consumers, developers, and banks under the Apartment Ownership Loan scheme. The research findings indicate that SEMA, as a judicial administrative instrument, lacks the normative standing to limit or deviate from laws, thereby potentially conflicting with the principle of the hierarchy of legislation. This limitation creates an imbalance in civil liability because consumers lose effective legal protection, while developers gain greater protection and banks remain protected as separate creditors. Therefore, the revocation of the relevant provisions is necessary to ensure legal certainty, consumer protection, and the proportionality of the parties’ liabilities.
Urgensi Peranan Polisi Udara Dalam Penegakan Hukum Illegal Fishing Di Laut Natuna Utara Triyatno, Deny; Rahayu, Setyaning; Saputra, Helmi Rizkih
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.v4i3.1697

Abstract

The enforcement of laws in Indonesian waters, particularly in the North Natuna Sea, represents a serious challenge related to the protection of fishery resources, state sovereignty, and national security. This article aims to analyze the legal position and role of the Air Police within the fisheries law enforcement system as regulated under Law Number 2 of 2002 concerning the Indonesian National Police. This study employs a normative legal research method using statutory, conceptual, and analytical approaches. The findings indicate that the Air Police possess a legitimate legal standing as an integral part of the National Police in conducting surveillance, early detection, and operational support for law enforcement against illegal fishing, especially in strategic and vulnerable maritime areas. Aerial patrols function as a force multiplier that enhances the effectiveness of maritime law enforcement, which is often constrained by the limited reach of sea patrols. The study concludes that strengthening the role of the Air Police through inter-agency coordination is essential for sustainable and effective suppression of illegal fishing.
Analisis Pertanggungjawaban Pidana Terhadap Pencucian Uang Yang Menyembunyikan Aset Melalui Investasi Keluarga Pratama, Alexander; Berutu, Sigar P.; Suseno, Jarot Jati Bagus; Tarigan, Agatha Cristie Br
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.v4i3.1767

Abstract

This study focuses on the analysis of criminal liability in money laundering cases involving the concealment of assets through family investments. The objective is to examine the legal framework regarding the criminal offense of money laundering through family investments and to understand the evidentiary process in such cases. Using a formative legal approach, this study analyzes criminal liability for money laundering involving the concealment of assets through family investments. The results of the study indicate that family members involved in receiving or managing assets derived from criminal proceeds may be held legally liable if it is proven that they knew or should have known the source of those assets. Pursuant to Articles 5 and 6 of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, any person associated with assets derived from criminal acts may be subject to criminal penalties. In proving money laundering offenses in Indonesia, the principle of the burden of proof is reversed, as stipulated in Article 77 of the Anti-Money Laundering Law.
Analisis Normatif Asas Itikad Baik dalam Mediasi Elektronik Sengketa Perdata Candra, Andi; Absi, Warmiyana Zairi
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.v4i3.1808

Abstract

Advances in information technology are driving the transformation of judicial services in Indonesia through the e-Court system, with the aim of realizing the principles of simple, swift, and affordable justice. In this context, mediation as a mandatory procedure for civil disputes has also been digitized through electronic mediation, namely a technology-based mediation process without the physical presence of the parties. Although it offers efficiency in terms of time, cost, and access to justice, the effectiveness of electronic mediation depends on the application of the principle of good faith. This study aims to conduct a normative analysis of the regulation and enforcement of this principle within Indonesia’s e-Court system. The methodology employed is normative legal research using a regulatory, conceptual, and analytical approach, through an examination of regulations governing mediation and electronic court proceedings. The analysis reveals that while a legal foundation for electronic mediation exists, the regulations do not yet fully incorporate operational indicators and robust enforcement mechanisms regarding good faith, particularly in addressing practices such as virtual non-attendance, passive participation, the misuse of technical difficulties, and delaying tactics. Therefore, a more progressive normative interpretation and more detailed technical regulations are needed so that electronic mediation is not merely formal, but effective, fair, and conducted with integrity in dispute resolution in the digital age
Kewajiban Negara dalam Menjamin Harga Pangan yang Terjangkau: Kajian Normatif terhadap Prinsip Kesejahteraan Rakyat Mardiyati, Siti
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Food is a basic need and a human right that the state is obligated to fulfill, as it is included in the standard of a decent standard of living under the ICESCR. Public access to sufficient, safe, and nutritious food remains limited due to price fluctuations, particularly for low-income groups. As a welfare state, the government intervenes through price controls, subsidies, market operations, and trade policies. However, such interventions often raise legal issues and corruption risks, and are compounded by structural problems such as land conversion, the crisis of farmer succession, and the length of the distribution chain. This legal study analyzes fair price control policies based on the principles of the welfare state and formulates legal limits on intervention to prevent criminalization. The results are expected to provide legal certainty for public officials while ensuring balanced protection for farmers and consumers.
Perlindungan Hukum Notaris Atas Nilai Nominal Transaksi Riil Terhadap Nilai Perhitungan Pajak Yang Melebihi Nilai Transaksi Riil Syarofi, Syarofi; Fathurrahman, Fathurrahman
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.v4i3.1826

Abstract

This study aims to analyze the legal protection of notaries regarding the nominal transaction values in sale and purchase deeds that differ from the BPHTB tax base set by local government authorities. The research focuses on three aspects: the credibility of notaries when transaction values are inconsistent, the responsibility of notaries if the sale and purchase is canceled, and the duties and limits of notaries’ accountability concerning tax value corrections. This research employs a normative qualitative approach using literature review, statutory and regulatory analysis, court decisions, academic literature, and notary professional codes of ethics. Data were analyzed through grammatical, systematic, and teleological legal interpretation, as well as harmonization between notarial and taxation regulations. The findings indicate that: (1) notary credibility is maintained as long as formal authority is exercised and the principle of prudence is applied, although value discrepancies may cause negative perceptions; (2) notaries are not responsible for transaction values when a sale is canceled, provided there is no proven intent or negligence; and (3) the notary’s responsibility is limited to the formal accuracy of the deed and does not include the validation of market or tax value, unless ethical violations or active involvement in value manipulation are proven. The study concludes that legal protection, clear limitation of authority, and application of prudence principles are essential to preserve notarial professionalism while ensuring legal certainty and fiscal compliance.
Penerapan Prinsip Tanggung Jawab Perdata Terhadap Perusahaan Angkutan Barang Atas Kecelakaan Truk Over Dimension and Over Loading Lalita Rahayu, Kinanti; Sutrisno
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Over Dimension and Over Loading trucks have become one of the main factors in the increased risk of traffic accidents in Indonesia. This condition raises issues regarding the form of civil liability of freight transportation companies. This research aims to analyze the civil liability of companies for accidents caused by Over Dimension and Over Loading trucks and forms of legal protection for victims. This research uses a normative method with a statutory approach and conceptual approach, which examines the Civil Code, Law Number 22 of 2009 concerning Road Traffic and Transportation, as well as related legal regulations. Transportation companies can be held civilly liable based on legal liability principles. Legal protection for victims is basically available through compensation lawsuits, although it is often constrained by proof of fault and weak law enforcement. Therefore, this research concludes that strengthening supervision, consistent law enforcement against Over Dimension and Over Loading violations, and consideration of implementing reverse burden of proof are needed to provide more effective legal protection for victims while disciplining transportation companies.
Perlindungan Hukum Pelaku Usaha Atas Ajuan Pengembalian Dana Dengan Bukti Tidak Memadai Di Shopee Windy Nauli Sabbastine; Hariyo Sulistiyantoro
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The technology of information has accelerated the growth of electronic transactions through e-commerce platforms such as Shopee, but it has also given rise to legal challenges in resolving disputes between businesses and consumers. One of the main issues is the filing of refund requests without returning the goods, accompanied by insufficient evidence, which causes losses for businesses. This study employs a normative legal method with a legislative and conceptual approach, supported by literature reviews and interviews, to analyze the legal protection provided to businesses in addressing such unfounded refund requests. Shopee's platform policies regarding the refund process without returning the goods, which are often abused by consumers, still create an imbalance between consumers and businesses due to weak evidence verification mechanisms and limited response times for businesses. The research findings indicate the importance of aligning Shopee's platform policies with applicable laws and regulations, as well as strengthening dispute resolution mechanisms to make legal efforts and legal protection for businesses more effective and fair, and to promote the application of the principle of good faith in electronic transactions.  
Peran Jaksa Penuntut Umum Dalam Pembuktian Unsur Kelalaian Pada Tindak Pidana Yang Mengakibatkan Kematian (Studi Kasus Putusan Nomor 147/PID.B/2022/PN MGT) Annashrul, Fajar Luthfi; Apriyani, Maria Novita
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.v4i3.1527

Abstract

The Attorney General’s Office of the Republic of Indonesia plays a central role in the criminal justice system, with public prosecutors responsible for ensuring that every case is handled professionally, effectively, and fairly. In the field of traffic safety, accidents caused by driver negligence often result in injury or death to victims. Driver negligence resulting in death is regulated under Article 310(4) of Law No. 22 of 2009, carrying a potential prison sentence of up to six years. The complexity of negligence cases requires Public Prosecutors to prove a clear causal relationship between the defendant’s negligence and the injuries sustained by the victim. This study aims to analyze the parameters of the causal relationship in criminal negligence cases resulting in injuries. It employs an empirical legal approach using case studies of the relevant court decisions. Primary data was obtained through interviews with public prosecutors handling the cases, while secondary data was derived from related legal documents.
Perlindungan Hukum Bagi Anak Berkonflik Dengan Hukum Dalam Tindak Pidana Pencurian Dengan Kekerasan (Studi Putusan Nomor 2/Pid.Sus-Anak/2021/PN.Bks) Putra, Joshua Aldo Tri; Apriyani, Maria Novita
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.v4i3.1528

Abstract

Child protection within the Indonesian legal system constitutes a state obligation, particularly for children in conflict with the law, as they have not yet reached the psychological and social maturity of adults. This study aims to identify the forms of legal protection available to child victims of violent theft and to analyze the application of relevant legal provisions in Decision Number 2/Pid.Sus-Anak/2021/PN Bks. The research employs a normative juridical method using statutory and case approaches, supported by an examination of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and relevant observations through online legal sources. The findings show that legal protection for children in the decision is manifested through two principal forms, namely preventive and repressive protection. These two forms complement each other in ensuring the fulfillment of children’s rights and humane treatment, so that the imposition of rehabilitation in the Special Development Institution for Children remains grounded in the best interests of the child.  

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