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Lex Stricta : Jurnal Ilmu Hukum
ISSN : -     EISSN : 29636639     DOI : https://doi.org/10.46839/lexstricta
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.
Articles 84 Documents
Analisis Yuridis Penanganan Kasus Narkoba Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Study Kasus Direktorat Reserse Narkoba Polda Sumatera Selatan) Reza Pahlevy; M. Azza Nuhanda; Ade Rizky Amanda; M.Edho Reza Utama
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1280

Abstract

The impact of globalization in this modern era in addition to the economy also has an impact on crime, one of which is Drugs (Narcotics, Psychotropic, and other Addictive substances). The concern is not without reason, because from various mass media we can know together that the users of illegal drugs or drug users have increased to various levels of society. The methodology in writing this thesis is empirical juridical research where this research deals directly and is synchronized with legal principles and existing regulations. The investigation process of Ditres Narkoba is carried out in several stages, in accordance with the Standard Operating Procedure for handling drug crimes. First, reports or information are collected from the public. After that, an investigation task and warrant are made. Next, the information report is enhanced by using investigation methods such as inspection, surveillance, purchase under cover, and delivery control.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pencurian Aliran Arus Listrik Yang Sering Terjadi Di Kayuagung Kiki Rezvianti; Aprianto; Aan Hendry; Raldo Andika Mandasia
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1282

Abstract

The factors causing the crime of theft of electric current in Kayuagung are electrical installation procedure factors, economic factors, environmental factors and weak law enforcement against perpetrators of criminal acts of theft of electric current. The efforts made by PT. PLN (PERSERO) Kayuagung branch regarding the criminal act of theft of electric current by carrying out preventive and repressive efforts. Preventive efforts are efforts made to change a person's negative characteristics into positive ones and can provide knowledge about the dangers of committing electricity theft, while preventive efforts are made to provide a deterrent effect against perpetrators of electric current theft.
Implementasi Prinsip Keadilan dalam Kontrak Asuransi Pasca Putusan Mahkamah Konstitusi Nomor 83/PUU-XXII/2024 atas Pasal 251 Kitab Undang-Undang Hukum Dagang (KUHD) Niken Febriani Safitri; Elisatris Gultom; Sudaryat
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1284

Abstract

The Constitutional Court Decision Number 83/PUU-XXII/2024 concerning Article 251 of the Indonesian Commercial Code (KUHD) represents a pivotal moment in strengthening legal protection for policyholders within insurance contracts in Indonesia. Prior to this ruling, Article 251 KUHD authorized insurers to unilaterally revoke insurance policies upon discovering discrepancies in the information provided by policyholders, including unintentional errors. Such a provision created an imbalance in the legal position between insurer and insured, and often led to injustice in insurance practices. Through this decision, the Constitutional Court annulled the aforementioned provision, emphasizing the importance of applying the principles of justice and proportionality in contractual relationships. This study aims to examine the implementation of the principle of justice in insurance contracts following the Court's ruling. The analysis focuses on both juridical and practical impacts on the process of forming and executing insurance agreements. This research employs a normative juridical method, with statutory, conceptual, and case study approaches. The findings indicate that the revocation of Article 251 KUHD has shifted the burden of disclosure, placing greater emphasis on fairness in evaluating the balance of rights and obligations between the parties. The principle of justice now plays a central role, replacing the insurer's previous unilateral dominance. This condition necessitates adaptation from both the insurance industry and regulatory authorities in formulating technical policies that prioritize consumer protection and contractual equity.
Analisis Tindak Pidana Curanmor Roda Dua Di Kecamatan Kemuning Palembang (Studi Kasus Polsek Kemuning) Thalia Ayu Novita Zen; Sudarna; Nasirin; Al Brama Loka Sahardi; Hari Budiyanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1285

Abstract

Two-wheeled motor vehicle theft is one of the many types of crimes that occur and are known to the public. Because motorized vehicles are so prevalent, these criminals have a negative impact on society. In addition, motor vehicle theft falls into the category of organized, syndicated crime, and can be a crime preceded by violence against persons. This crime usually occurs in cases of robbery of vehicle drivers, then theft of motor vehicles by breaking, damaging, or climbing, which is carried out at night in closed houses or entering houses that have yards and boundaries. Internal factors, such as age, religion, anomy, emotional power, and low mental capacity, and external factors, such as victim negligence, economic factors, and parking out of place, are all factors that influence the crime of two-wheeled theft. It is very important for the police and the community to work together, such as by holding night patrols and the community strengthening communication in its ranks to facilitate the arrest and handling of curanmor perpetrators.
Sanksi Hukum Kepada Pemilik Kendaraan Yang Tidak Membayar Pajak Tahunan Kendaraan Bermotor Rusdi Yunial; Noval Nanusa Gegoh Desky; Deni Febrian Akbari; Okna Periandi
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

One of the most significant components of local taxes in increasing local revenue is the motor vehicle tax. The funds obtained from motor vehicle taxes are used to finance the development of each district or city. Thus, the collection of this tax revenue must be optimized as much as possible. This research is a normative and empirical legal study. There are several reasons why vehicle owners might not pay taxes: they are busy, they forget, their vehicle is still in the credit process, their vehicle is nearby, installments are more important, or their vehicle is old. Two types of administrative sanctions can be imposed on vehicle owners who do not pay the annual tax: increases and administrative sanction interest. To make it easier for taxpayers to pay their motor vehicle taxes, several new approaches need to be implemented. Efforts to improve the quality of human resources must be combined with increasing motor vehicle tax revenue.
Tanggung Jawab Pidana Petugas Pemasyarakatan Yang Lalai Dalam Melaksanakan Tugas Di Lembaga Pemsyarakatan Yasmiadi; Iswanto Simanjuntak; Agung Suhendra; Zulpikri
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The state's efforts to meet the basic needs and civil rights of every citizen regarding goods, services, and administrative services provided by public service organizers are known as public service provision. One of the clearest benchmarks for government performance is public service. The public can directly assess the government's performance based on the quality of public services received, as the quality of public services is felt by people from all walks of life. If the performance of public services is built professionally, effectively, efficiently, and accountably, the government's image will improve. Normative legal research supported by empirical research is the type of research used. The role of correctional institutions towards inmates or prisoners in correctional facilities includes several roles, namely: normative roles and the implementation of ideal roles. Criminal Responsibility of Correctional Officers Who Neglect Their Duties in Correctional Institutions. To the authorities, there should be severe sanctions for correctional officers who allow inmates to escape, aimed at providing a deterrent effect. To the Correctional Institution as the party providing public services to the community, it is expected to deliver maximum service, adhering to the established work procedures.
Analisis Putusan Hakim Pengadilan Agama Terhadap Harta Bersama Yang Menjadi Tanggungan Kredit Di Bank Pasca Perceraian (Studi Putusan Nomor 277/PDT.G/2022/PA.PLG) Jupriyanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

A legal marriage will certainly cause their property to merge into one. Thus, joint property, or shared property, automatically exists within the family. The normative legal method, using laws and court decisions, is employed in this research. The research findings indicate that Article 37 of the Marriage Law and Article 97 of the Compilation of Islamic Law state that each partner has half of the joint property unless the marriage agreement stipulates otherwise.
Perlindungan Hukum Terhadap Notaris Di Negara Kesatuan Republik Indonesia Hernika Andriani; Samuel Yuri Ericson; Edo Pradita Mandala Putra; Daffa Dwi Prasetyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

A notary is a public official who creates authentic deeds to ensure legal certainty. This task is important, but it also carries legal risks that can affect the position of notaries, both personally and professionally. This article discusses legal protection for notaries in Indonesia based on Law Number 2 of 2014 concerning the Position of Notaries and other related regulations. This protection includes legal regulations, professional protection, and law enforcement. The law clearly regulates the duties and responsibilities of notaries, while the Indonesian Notary Association assists in accompanying and protecting its members. Law enforcement officials also play a role in ensuring that legal proceedings against notaries are fair. This study concludes that legal protection is designed to balance professional responsibilities and the rights of notaries, so that the profession remains sustainable and capable of maintaining legal certainty in society
Asas Keadilan Dalam Kewenangan Peradilan Umum Dan Peradilan Militer Dalam Perkara Koneksitas Dalam Sistem Ketatanegaraan Indonesia Marisa Oktora; Rina Antasari; Muhamad Sadi Is
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Conflict cases are cases that involve civilian and military elements simultaneously, which raises jurisdictional issues between general courts and military courts. Military courts are often perceived as closed institutions, which triggers public doubts about transparency and justice in the law enforcement process against soldiers. In addition, there is an assumption that military court decisions tend to impose lenient sanctions. Based on the Criminal Procedure Code (KUHAP), the determination of jurisdiction in koneksitas cases is made through joint research between the (civilian) prosecutor and the military prosecutor. If the impact of the criminal act is more detrimental to the public interest, the case is tried in the general court; conversely, if it is more detrimental to the military interest, it is tried in the military court. However, changes in military criminal procedure law in Indonesia still do not fully address the needs of the general court, especially in the investigation process of TNI soldiers suspected of committing general crimes.
Upaya Pemerintah Dalam Penanggulangan Tindak Pidana Peredaran Kosmetika Palsu Meni Apriani; Yuseva Yuseva; Dedison Dedison; Heli Kusmiran; M. Agung Firdaus
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Counterfeiting cosmetics is not just brand counterfeiting but is also an act that endangers human life if the contents of the cosmetics are inappropriate or unclear. What is the government's responsibility towards the circulation and use of illegal cosmetics? What legal remedies can the community take against the distribution of illegal cosmetic products? The research method uses an empirical juridical method because this research aims to describe in full the legal aspects and a situation that occurs in the field. The results of the study show that the Government's responsibility in terms of the circulation and use of illegal cosmetics in Palembang City is to supervise and guide all business actors. Efforts made by the community against the distribution of illegal cosmetics are for consumers who feel disadvantaged by business actors, they can make several efforts to resolve their disputes through the courts and through the Consumer Dispute Settlement Agency (BPSK). In conclusion, it is the responsibility of the government in terms of the distribution and use of illegal cosmetics with supervision and legal remedies through the courts. Recommendations It is hoped that business actors should also be able to provide information to consumers regarding cosmetic products that are sold in a clear and open manner, consumers should also be more careful before buying a product and not immediately trust cosmetics that are sold at low prices.