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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 112 Documents
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Efektivitas Perlindungan Hak Kekayaan Intelektual Dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Ferry, Muhammad
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the effectiveness of Law Number 28 of 2014 on Copyright in addressing book reproduction practices as part of protecting citizens’ intellectual property rights. The research aims to assess the practical effectiveness of the law, identify factors influencing its implementation, and formulate strategies to strengthen legal protection. An empirical legal method with a sociological approach is employed, viewing law through community practices and the performance of enforcement institutions. The findings indicate that book reproduction constitutes copyright infringement when it is conducted for economic gain. Although the law is normatively adequate, its implementation remains suboptimal due to inconsistent enforcement actions and limited public outreach by the government. Infringement is also influenced by low legal awareness, a preference for photocopied books driven by affordability, and insufficient understanding of the legal consequences of copyright violations. This study underscores the need to strengthen law enforcement, expand continuous public education, and improve inter-agency coordination to enhance effective copyright protection, particularly for authors and creators
Penjatuhan Pidana Bagi Pelaku Tindak Pidana Pelecehan Seksual Fisik (Studi Putusan Nomor 533/Pid.B/2024/Pn.Sda) Diah Rahmania Arofah; Yana Indawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Criminal acts, as a general concept, encompass various crimes, including sexual violence, which often occurs in social life. These crimes are a concern because they constitute serious violations of human values and individual rights, and are even categorized as crimes against humanity in international law. Sexual violence can take many forms, including sexual harassment, which can affect anyone, although women are often the most vulnerable group to this violation. This study aims to explain the fulfillment of the elements of the crime of physical sexual harassment and the basis of consideration used by judges in imposing criminal penalties in Decision Number 533/Pid.B/2024/PN.Sda. This study is normative juridical in nature, using secondary data with qualitative processing, as well as a legislative, case, and conceptual approach. The results of the study show that the perpetrator was found guilty as charged by the public prosecutor, but not in accordance with the principle of lex specialis derogate legi generalis because the judge disregarded the specific rules. The study also reveals the judges' considerations, both legal and non-legal, in determining the severity of the punishment in the verdict.
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)
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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)
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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)
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.
Pemidanaan Berbasis Risiko dalam Tindak Pidana Persaingan Usaha Tidak Sehat Nasrullah, Nasrullah; Sylvia Paramitha Syahrul; Rudi Suryadi; Endang Bunyamin; Supri Yanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Unfair business competition crimes are a form of economic crime that has a systemic impact on the business climate and consumer welfare. Until now, the approach to punishing violations of business competition principles has tended to be symbolic and does not reflect the complexity and risk of losses incurred. This article proposes a risk-based punishment approach as a new framework for determining more proportional and effective criminal sanctions. This approach measures the degree of fault based on the potential for market damage, the level of repetition, and the macroeconomic impact. This study uses a normative method with a legislative and comparative approach to models in the European Union and South Korea. The results of the study show that a risk-based punishment system can increase the deterrent effect on economic criminals and strengthen the legitimacy of criminal law as an instrument of market protection.
Implementasi Pemenuhan Hak Restitusi Bagi Anak Korban Kekerasan Seksual Pada Tahap Penuntutan (Studi di Kejaksaan Negeri Kabupaten Malang) Kristo Saputra; Yana Indawati
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.v4i3.1461

Abstract

This study examines the implementation of restitution rights for child victims of sexual violence during the prosecution phase at the Malang Regency District Attorney’s Office. Pursuant to Article 71D (1) of Law No. 35 of 2014 on Child Protection and Government Regulation No. 43 of 2017, every child victim is entitled to restitution through the courts. Using an empirical legal research method, the results indicate that the implementation of restitution has generally adhered to applicable regulations; however, inconsistencies persist in practice, such as the absence of clear time limits and insufficient information provided to victims from the prosecution stage onward. Other barriers include minimal prosecutor involvement from the outset, low victim awareness, and weak inter-agency coordination. This study recommends enhancing prosecutors’ capacity through continuous training, expanding public awareness campaigns, and strengthening coordination among prosecutors, investigators, and the Witness and Victim Protection Agency.
The Efektivitas Pengawasan Keuangan Negara oleh Badan Pemeriksa Keuangan sebagai Upaya Preventif terhadap Tindak Pidana Korupsi Habibi, Iskan; Tjandra, W. Riawan
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.v4i3.1478

Abstract

Supervision of state finances plays a strategic role in preventing corruption practices that harm the economy and state finances. The Audit Board of Indonesia (BPK), as an institution granted constitutional authority, has the primary task of auditing the management and accountability of state finances, both at the central and regional levels. This article aims to analyze the effectiveness of the oversight conducted by the BPK in preventing corruption and to identify the challenges and obstacles faced, particularly related to resource limitations, follow-up on audit results, and synergy with law enforcement agencies. Through a normative approach by examining constitutional provisions, laws, and legal doctrines, it was found that although the BPK has procedurally carried out its functions of financial, performance, and investigative audits, its effectiveness is still not optimal. One of the main obstacles is the low level of follow-up on audit recommendations, as well as the absence of strict sanctions against parties who do not implement the recommendations. In addition, the inconsistency between BPK's findings and the outcomes of legal proceedings also raises doubts about the consistency of oversight. Therefore, there is a need for institutional strengthening, enhancement of auditor capacity, utilization of modern audit technology, and closer coordination with law enforcement agencies so that the oversight function of the BPK can significantly contribute to preventing corruption and realizing good governance.

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