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INDONESIA
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 95 Documents
Kedudukan Perjanjian Pra-Nikah Sebagai Pemisah Atas Harta Pribadi Dengan Harta Bersama Dalam Usaha Perseroan Terbatas (PT) Pinareswati, Shafira Tri; Mila Fitriana, Zuhda
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In general, a Prenuptial Agreement is an agreement made before a marriage takes place. In carrying out a Prenuptial Agreement, both parties are not yet husband and wife. In accordance with agreements in general, a Prenuptial Agreement has legal force and regulations that must be obeyed by the parties during the marriage. Regarding the contents of the Prenuptial Agreement, it is adjusted to mutual agreement. As someone who works in the Limited Liability Company sector chooses to use a Prenuptial Agreement to separate personal assets from joint assets. The results of this study discuss the position of a prenuptial agreement to protect assets during marriage, as well as analyzing prenuptial agreements to minimize unwanted risks.
Tinjauan Yuridis Pemenuhan Unsur Pidana Tindakan Terhadap Anak Pelaku Tindak Pidana Penganiayaan Berat (Studi Putusan Nomor 3/PID.SUS-ANAK/2024/PN.MLG) Ramadhani, Amelia Suci
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Criminal acts of severe abuse resulting in death may also involve children as perpetrators. In criminal law, children have a special status because they are still in the stage of physical and psychological development, so the juvenile criminal justice system emphasizes educational and rehabilitative punishments. Decision Number 3/Pid.Sus-Anak/2024/PN Mlg shows the application of criminal sanctions against a child who severely abused his classmate, causing death due to bleeding in the dura mater. This study uses a normative juridical approach through case studies, legislation, and conceptual analysis. The application of corrective measures is based on the elements of legal subjects, the prohibition of violence resulting in death, and the principle of the best interests of the child. Corrective measures aim to improve the child's behavior and prevent the recurrence of criminal acts. However, there is still legal ambiguity regarding the age limit of children and the criteria for the severity of criminal acts in the application of corrective measures.
Tinjauan Yuridis Terhadap Perbuatan Melanggar Hukum Atas Harta Kekayaan Yang Dibeli Bersama Oleh WNI Dan WNA Tanpa Ikatan Perkawinan (Studi Putusan Nomor 129/PDT.G/2021/PN BTM) Cahyarani, Andhini; Aldira Mara Ditta Caesar Purwanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Technological advances and globalization have increased interactions between Indonesian citizens (WNI) and foreign nationals (WNA), including those in unmarried relationships. This study analyzes legal protection for Indonesian citizens in disputes over joint property ownership with unmarried foreign nationals, as examined through Batam District Court Decision Number 129/Pdt.G/2021/PN Btm. The research method used is normative juridical, with case, statutory, and conceptual approaches. The results indicate that the Defendant's (WNI) actions do not legally meet the elements of an Unlawful Act (PMH) under Article 1365 of the Civil Code, even though the Plaintiff (WNA) has already entered into a sale and purchase transaction for the house. This dispute is more appropriately classified as a gift without legal basis (onverschuldigde betaling). Legal protection for Indonesian citizens can be provided preventively through written agreements and avoiding nominee practices, as well as repressively by filing an appeal to restore ownership rights based on the certificate.
Analisis Yuridis Terhadap Efektivitas Regulasi Perlindungan Hak Aksesbilitas Penyandang Disabilitas Di Transportasi Kereta Api Indonesia Maharani, Dian Sasmitha Dwi; Sutrisno
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Indonesia's diverse geographic conditions demand the provision of appropriate transportation infrastructure. Its primary function is to ensure ease of access and optimize mobility for people and goods, using means such as airplanes, ships, buses, cars, motorcycles, and others. However, in practice, transportation accessibility still faces unique challenges, particularly for passengers with disabilities. The research method used is a normative juridical approach with a legislative approach through an analysis of regulations governing the rights of persons with disabilities, namely Law No. 8 of 2016 and Law No. 23 of 2007 concerning railways. The results of the study indicate that legally, the legal basis for guaranteeing accessibility rights is quite strong, but its implementation is still far from optimal. The implementation of applicable regulations is not fully aligned with the reality on the ground. These problems include the uneven distribution of disability-friendly facilities across all stations, the lack of training for railway personnel, and the absence of an effective oversight mechanism. Therefore, increased synergy between the government and relevant parties is needed to oversee the consistent implementation of regulations.
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): In Progress
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.

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