Lex Stricta : Jurnal Ilmu Hukum
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.
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<![CDATA[Analisis Yuridis Putusan Pengadilan Negeri Jambi Nomor: 75/PID.SUS/2018/PN.JMB Terhadap Tindak Pidana Pengedar Rokok Tanpa Cukai Di Kota Jambi ]]>
<![CDATA[Orlando Agumwaima]]>;
<![CDATA[Jupriyanto Jupriyanto]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1295
<![CDATA[The sale of illegal cigarettes, which is easily found in society, is one of the most common excise violations. This case reflects a violation of Law Number 39 of 2007 on Excise, which regulates the mechanism for controlling excise goods, including cigarettes. In this study, a normative juridical method with a case approach was used to examine the legal considerations of the judge in delivering the verdict and its conformity with the applicable laws and regulations. The analysis results show that the court's decision has taken into account the elements of the crime that were met, the aggravating and mitigating factors, as well as the social and economic impacts of the circulation of untaxed cigarettes. However, this research also found several aspects that need improvement, such as consistency in the application of sanctions to provide a deterrent effect and strengthen law enforcement in the field of excise. This research is expected to contribute to the development of legal studies related to economic crimes and the enforcement of excise law in Indonesia.]]>
<![CDATA[Analisis Urgensi Kebutuhan Policy Brief Dalam Pembentukan Peraturan Bupati Di Indonesia ]]>
<![CDATA[Widyanto Dwi Jatmiko]]>;
<![CDATA[Adhitya Widya Kartika]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1665
<![CDATA[Academic papers are not only a formal requirement, but also a reference for policy. However, not all legal products in Indonesia are required to use academic papers. Regent regulations, as one type of regional head regulation, do not have this requirement. Regent regulations that can be issued without academic review make them prone to overlap with other regulations and risk creating uncertainty for the community and opening up space for the creation of regulations that are weak from an academic perspective. Research on normative legal methods through a legislative and conceptual approach reveals that policy briefs have significant urgency in the regent regulation formation system in Indonesia because they are able to bridge the gap between scientific research and the legal decision-making process and serve as an effective medium for transforming empirical study results into practical and applicable policy recommendations. Policy briefs strengthen the rationality of every legal decision at the regional level and ensure that regional head legal products remain rooted in objective scientific considerations. A comparison between policy briefs and academic papers shows that the two have complementary functions. Academic papers serve to provide legal legitimacy and a complete argumentative structure, while policy briefs provide a practical dimension in translating data into concrete policies. The combination of the two can improve the quality of the substance and effectiveness of the implementation of regional regulations and regent regulations.]]>
<![CDATA[Analisis Yuridis Atas Wanprestasi Perusahaan Terhadap Pekerja Asing Dalam Perjanjian Kerja (Studi Putusan Nomor 8/Pdt.Sus-PHI/2025/PN Dps) ]]>
<![CDATA[Ericha Adelia Za'roo]]>;
<![CDATA[Teddy Prima Anggriawan]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1732
<![CDATA[This study examines legal protection for foreign workers due to company default in employment agreements, particularly regarding unpaid wages. The research uses a normative legal method with statutory, conceptual, and case study approaches through the Industrial Relations Court Decision Number 8/Pdt.Sus-PHI/2025/PN Dps. The results show that failure to pay wages constitutes a violation of foreign workers’ normative rights, causing losses and legal uncertainty. Legal remedies may be pursued through industrial relations dispute resolution mechanisms; however, existing legal protection remains largely repressive and not yet optimal, thereby requiring stronger regulations, improved labor supervision, and more effective law enforcement to ensure legal certainty and justice for foreign workers.]]>
<![CDATA[Pertanggungjawaban Pidana Korporasi Terhadap Kecelakaan Lalu Lintas Oleh Taksi Self-Driving ]]>
<![CDATA[Alfina Affa Fitria]]>;
<![CDATA[Eka Nanda Ravizki]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1737
<![CDATA[The development of technology in the transportation sector, particularly the use of self-driving technology by online taxi, raises new legal issues regarding which party can be held responsible for traffic accidents involving self-driving taxi. However, an act can only be held responsible if it has completed the elements of the crime as determined by law. UU LLAJ as the foundational regulation in the transportation sector has not yet accommodated the status of self-driving taxi. This creates legal uncertainty in the event of traffic accidents involving self-driving vehicles. The purpose of this study is to determine corporations as legal subjects that can be held criminally responsible under the National Penal Code and to analyze the forms of corporate criminal liability for accidents caused by self-driving taxi. The research method used is normative juridical, with approaches including statute approaches, conceptual approaches, case studies, and comparative approaches. The results of the study indicate that a company that manufactures self-driving taxi and/or an online taxi service company that is proven negligent to the point of causing a traffic accident can be held criminally liable because its status as a legal entity is recognized by the National Penal Code and can apply the principle of vicarious liability. Furthermore, the forms of accountability that can be imposed on the corporation include primary criminal penalties and additional penalties. Nevertheless, updates to the UU LLAJ still be carried out to accommodate the development of self-driving vehicle technology.]]>
<![CDATA[Penyalahgunaan Artificial Intelligence Dalam Kejahatan Dunia Maya Terhadap Manipulasi Konten Asusila ]]>
<![CDATA[Aurelia Gisa Maharani]]>;
<![CDATA[Abigail Angeline Yap]]>;
<![CDATA[Rafirstka Madyah Putri]]>;
<![CDATA[Valonia Nevada]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1738
<![CDATA[The rapid development of Artificial Intelligence (AI) technology has brought significant changes to various aspects of human life, including the production and distribution of digital content. However, alongside these advancements, new opportunities for cybercrime have also emerged, particularly concerning the misuse of AI in the manipulation of obscene content. Phenomena such as deepfake pornography, AI-based image and video fabrication, and the dissemination of manipulative content without the victim’s consent demonstrate increasingly complex and difficult-to-detect forms of cybercrime. This study aims to analyze the forms of AI misuse in cybercrime related to the manipulation of obscene content, as well as to examine the application of law and the challenges of law enforcement within the Indonesian legal system through concrete case studies occurring in society. The research employs a normative juridical method using statutory and conceptual approaches by examining the Electronic Information and Transactions Law, the Criminal Code, and regulations related to personal data protection and public morality. The findings indicate that although the existing positive legal framework regulates the prohibition of distributing obscene content, legal provisions addressing the misuse of AI remain implicit and have not specifically accommodated the distinctive characteristics of AI technology. Therefore, strengthening regulatory frameworks and adjusting criminal law policies are necessary to effectively respond to the rapid development of AI technology and to ensure optimal legal protection for victims of cybercrime involving obscene content manipulation.]]>
<![CDATA[Peranan Hakim Dalam Upaya Menurunakan Angka Dispensasi Kawin Di Pengadilan Agama Kabupaten Lamongan ]]>
<![CDATA[Nafisatul Aini]]>;
<![CDATA[Aldira Mara Ditta C.P]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1739
<![CDATA[This study aims to analyze the role of judges in efforts to reduce the number of marriage dispensation applications at the Lamongan Regency Religious Court and identify obstacles and efforts made in the process. This study uses an empirical legal research method with a structural approach through field studies in the form of interviews with judges of the Lamongan Regency Religious Court and supported by literature studies and data analysis of marriage dispensation cases in 2023–2025. The results of the study show that judges have a strategic role in reducing the number of marriage dispensation applications through the application of selective examinations, deepening of very urgent reasons, providing advice and education in trials. The judge also carefully considers the physical, mental, and psychological readiness of children guided by Perma No. 5 of 2019 and the principle of the best interests for children.]]>
<![CDATA[Gugatan Derivatif sebagai Mekanisme Pengawasan Korporasi: Analisis Efektivitas di Indonesia dalam Perspektif Perbandingan dengan Jepang dan Singapura ]]>
<![CDATA[Maisyaroh Umdzatul Khoirot]]>;
<![CDATA[Lintang Yudhantaka]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1762
<![CDATA[Derivative lawsuits are legal mechanisms that give shareholders the authority to file lawsuits on behalf of the company against directors or commissioners who are suspected of violating fiduciary obligations and causing losses to the company. Although it has been regulated in Article 97 paragraph (6) and Article 114 paragraph (6) of Law Number 40 of 2007 concerning Limited Liability Companies, the effectiveness of this mechanism in practice still raises debate. This study aims to analyze the normative construction of derivative lawsuits in the UUPT and assess its effectiveness as an instrument of corporate supervision with a comparative approach. This research is a normative legal research that examines law as a norm through a systematic analysis of primary and secondary legal materials. The approach used includes a statute approach, a case approach through the review of court decisions, including the West Java High Court Decision Number 477/PDT/2017/PT. BDG, as well as a comparative approach by comparing the regulatory design of derivative lawsuits in Indonesia, Japan, and Singapore, especially related to standing requirements, demand requirements, leave of court, and the role of the court in testing the interests of the company. The results of the study show that although derivative lawsuits have been recognized normatively, there are structural, regulatory, and practical obstacles that limit their effectiveness. Compared to Japan and Singapore which have a more structured procedural architecture, the regulation in Indonesia still needs to be strengthened to ensure that the corporate supervision function runs optimally.]]>
<![CDATA[Prosedur Pemberesan Harta Pailit Terhadap Debitor Pailit Yang Tidak Kooperatif: Studi Kasus Soebali Sudjie (Dalam Pailit) ]]>
<![CDATA[Nur Azlina Abul Kalam]]>;
<![CDATA[Waluyo]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1765
<![CDATA[This study examines the settlement of bankruptcy assets against bankruptcy debtors who are not cooperative with the case study of Soebali Sudjie (in bankruptcy) as a personal guarantee for PT Trimega Utama Corporindo's credit facility to Raiffeisen Bank International AG, which was ruled bankrupt by the Central Jakarta Commercial Court to the cassation level at the Supreme Court. This study focuses on the authority of the curator based on Law Number 37 of 2004 when the debtor refuses to provide information, does not submit documents, obstructs access to financial data, or is suspected of concealing assets. With a legal and case approach, the study shows that curators have legal instruments to secure and collect bankruptcy assets, including confiscation and possession of assets, requests for the assistance of supervisory judges, traceability of assets through third parties, and submission of actio pauliana. However, there is a gap between normative authority and the effectiveness of its implementation. Debtor uncooperative can hinder the verification and identification of assets, increase settlement costs, and reduce the potential for creditor recovery. Therefore, the effectiveness of settlement requires curatorial professionalism, coordination with creditors and law enforcement, and active support of supervisory judges to ensure the protection and fulfillment of creditors' rights in a fair and proportionate manner.]]>
<![CDATA[Pertanggungjawaban Pidana Rumah Sakit Berdasarkan Prinsip Vicarious Liability Atas Kasus Bayi Tertukar ]]>
<![CDATA[Velika Emilia Contesa]]>;
<![CDATA[Eka Nanda Ravizki]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1785
<![CDATA[The case of babies being switched at hospitals raises questions regarding the criminal liability of hospitals as healthcare providers. This study aims to examine the parties that can be held criminally liable in cases of babies being switched. In this study, the author applied a normative juridical method with a prescriptive analytical research nature, through a regulatory approach, a conceptual approach, and a case approach. Data collection was carried out through primary, secondary, and tertiary legal materials related to criminal law and health law. The results of the study indicate that the theory of responsibility for supervision of patient care fulfills the elements of hospital liability in cases of baby mix-ups, because the midwife's error occurred within the scope of the hospital's work. Even though the negligence was committed by the midwife, the hospital can still be held liable because the incident occurred within the scope of the hospital. Criminal liability based on the principle of vicarious liability in cases of baby mix-ups in hospitals means that hospitals may be subject to criminal liability for the negligence of midwives under their supervision. However, there is uncertainty regarding adequate legal protection for hospitals as the recipients of responsibility. The regulation of vicarious liability in Indonesian criminal law and in cases of baby mix-ups revision is needed through the addition of legal norms in Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health, which covers the types of criminal acts and criminal sanctions included in vicarious liability.]]>
<![CDATA[Transformasi Kejahatan Narkotika Di Era Digital dan Dampaknya Terhadap Ibu Rumah Tangga: Analisis Penegakan Hukum Perspektif Gender ]]>
<![CDATA[Pietro Grassio Ekoyulio]]>;
<![CDATA[Jesslyn cen]]>;
<![CDATA[Kathleen Joan]]>;
<![CDATA[Lathifah Lathifah]]>;
<![CDATA[Sandrina Realita]]>;
<![CDATA[Theresia Aurellia Gunawan]]>
<![CDATA[ Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Sumpah Pemuda ]]>
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DOI: 10.46839/lexstricta.v5i1.1789
<![CDATA[This study examines the involvement of housewives in online narcotics trafficking as well as law enforcement practices and their prevention in the context of Indonesian law from a gender justice perspective. The transformation of narcotics trafficking into cyberspace expands the vulnerability of housewives to engage in online distribution networks. This involvement is not just a free choice, but the result of an interaction between gender inequality, structural economic pressures, domestic power relations, and the exploitation of syndicates that use digital technology to recruit and control victims without physical contact. Law enforcement against women perpetrators, as regulated by Law No. 35 of 2009, is still dominated by formalistic and punitive logic. Electronic evidence is more often used to confirm the involvement of lower-level perpetrators than to trace network control actors, so that women are vulnerable to double criminalization, while the principles of proportionality and restorative justice have not been substantively internalized. Prevention requires a situational crime prevention approach that closes opportunities for exploitation through cross-sectoral collaboration, not just normative education. Although BNN has pioneered cooperation with marketplaces, logistics sectors, and extension training, institutional capacity is still limited compared to the scale of the problem, so that gender-responsive and substantive justice-oriented narcotics law reform is an urgent need.]]>
