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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
Analisis Kedudukan Asas Keseimbangan Dalam Perjanjian Asuransi Jiwa di Indonesia Sonya, Grace; Aldira Mara Ditta Caesar Purwanto
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.v4i3.1555

Abstract

The principle of balance in life insurance agreements in Indonesia predominantly utilizes standard contracts. Standard contracts drafted unilaterally by insurance companies can create an imbalance of position between insurance companies with strong economic standing and policyholders in weak positions, where customers often do not understand their rights and obligations due to lack of information transparency and complexity of legal language in policies. The research method employs a normative juridical approach by analyzing relevant legislation and Constitutional Court Decision No. 83/PUU-XXII/2024. The research findings indicate that although the use of standard contracts is difficult to avoid due to operational efficiency needs, the principle of balance holds a fundamental position as a legal instrument to prevent injustice. This principle has a strong legal foundation based on Article 1320 of the Civil Code and is reflected in Law No. 40 of 2014 concerning Insurance and Law No. 8 of 1999 concerning Consumer Protection. The research concludes that the application of the principle of balance must be implemented at every stage of legal relations to ensure sustainability and contractual justice in the Indonesian life insurance industry.
Dinamika Hukum Isbat Cerai Tinjauan Filosofis Terhadap Asas Sederhana Cepat Dan Biaya Ringan Sobirin, Lisda Apriliani; Napiah, Ilman; Taufik, Taufik; Firdaus, Muhamad Iqbal Ansori
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.v4i3.1861

Abstract

This study examines the legal dynamics of isbat cerai (validation of unregistered divorce) through a philosophical review of the simple, fast, and low cost (SCBR) principle within Indonesia’s Religious Courts. The high prevalence of unregistered divorces creates an urgent need for retroactive recognition; however, the implementation of isbat cerai remains constrained by regulatory fragmentation, rigid evidentiary standards, and judicial interpretations that tend to be formalistic. Constitutionally, the SCBR principle serves as an instrument for fulfilling the right to access to justice, ideally aligning with the Islamic legal maxims of taysīr (facilitation) and rafʿ al ḥaraj (removal of hardship) within maqāṣid al sharīʿah. Employing a normative legal method with a doctrinal analytical design, this research synthesizes procedural justice theory, utilitarianism, and Islamic legal philosophy to comprehensively examine the alignment between legal norms and judicial practice. The analysis reveals a philosophical tension between formal legal certainty and substantive justice, wherein complex procedures disproportionately marginalize petitioners from economically disadvantaged backgrounds. Furthermore, digital transformation through the e-Court system has yet to address the restructuring of substantive case examinations, meaning that administrative efficiency does not automatically guarantee substantive justice. The study concludes that the SCBR principle must be constructed as a binding judicial interpretive guideline rather than merely an administrative directive. Strategic recommendations include the application of teleological interpretation, cost standardization based on petitioners' economic capacity, and the simplification of evidentiary procedures. This research bridges the dichotomy between legal formalism and substantive justice, while simultaneously offering a philosophical foundation for a more inclusive and socially responsive reform of the Religious Courts. These findings are expected to serve as a policy reference for the Supreme Court in drafting technical guidelines for isbat cerai that prioritize substantive justice.

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