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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 132 Documents
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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.
Analisis Yuridis Putusan Pengadilan Negeri Jambi Nomor: 75/PID.SUS/2018/PN.JMB Terhadap Tindak Pidana Pengedar Rokok Tanpa Cukai Di Kota Jambi Orlando Agumwaima; Jupriyanto Jupriyanto
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1295

Abstract

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.
Pelaksanaan Penegakan Hukum Terhadap Pelaku Tindak Pidana Dengan Dakwaan Pasal 372 KUHP Dan/Atau Pasal 378 KUHP Di Kejaksaan Negeri Jombang Azzahra Aisyah Ayurveda; Adhitya Widya Kartika
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.v4i3.1523

Abstract

The Study of Law enforcement concerning the criminal act of embezzlement as regulated in Article 372 of the Indonesian Criminal Code (KUHP) and the criminal act of fraud as regulated in Article 378 of the KUHP highlights the importance of analyzing the prosecutor’s considerations in drafting an indictment. This research aims to understand how prosecutors determine the appropriate legal basis, whether by applying Article 372, Article 378, or both in an alternative construction, and how such legal considerations affect the criminal justice process. The findings indicate that in formulating an indictment, prosecutors take into account the elements of the criminal act, witness testimonies, documentary evidence, and facts obtained during investigation. The use of combined charges under Article 372 and/or Article 378 KUHP is intended to ensure legal certainty while providing flexibility for judges in evaluating evidence during trial. Obstacles encountered include difficulties in proving criminal intent, divergent interpretations of legal elements, and the unavailability of key witnesses. Prosecutors overcome these challenges through strengthened coordination with investigators, sharpening juridical analysis, and selecting the most suitable indictment strategy. This study affirms that prosecutorial considerations in choosing the applicable articles of indictment play a central role in ensuring the effectiveness of law enforcement.
Perubahan Prinsip Pertanggungjawaban dari Kelalaian Menjadi Tanggung Jawab Mutlak Dalam Kondisi Pengangkutan Yang Menggunakan Kendaraan Otonom Zaidan Nabil Al Farizi; Adhitya Widya Kartika
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

Abstract

This study stems from gaps and inconsistencies in the legal framework governing liability in light of the development of autonomous vehicles at Automation Levels 4 and 5. At these levels, the role of the human driver in operating the vehicle has been significantly reduced or even entirely replaced by artificial intelligence systems. Meanwhile, Indonesia’s positive legal system specifically Law No. 22 of 2009 on Road Traffic and Transportation remains oriented toward humans as the primary subjects responsible for vehicle operation. This situation raises issues regarding the determination of which party should be held liable in the event of an accident. The application of the principle of fault-based liability also faces obstacles because victims must prove the existence of fault or negligence within a complex algorithmic system. This study employs a normative legal methodology, utilizing both a statutory and a conceptual approach, to analyze the limitations of fault-based liability and the urgency of adopting the principle of strict liability. The findings of this study are expected to provide a foundation for developing a liability system that ensures legal certainty and protection for victims.
Analisis Urgensi Kebutuhan Policy Brief Dalam Pembentukan Peraturan Bupati Di Indonesia Widyanto Dwi Jatmiko; Adhitya Widya Kartika
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1665

Abstract

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.
Analisis Yuridis Atas Wanprestasi Perusahaan Terhadap Pekerja Asing Dalam Perjanjian Kerja (Studi Putusan Nomor 8/Pdt.Sus-PHI/2025/PN Dps) Ericha Adelia Za'roo; Teddy Prima Anggriawan
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1732

Abstract

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.
Pertanggungjawaban Pidana Korporasi Terhadap Kecelakaan Lalu Lintas Oleh Taksi Self-Driving Alfina Affa Fitria; Eka Nanda Ravizki
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1737

Abstract

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.
Penyalahgunaan Artificial Intelligence Dalam Kejahatan Dunia Maya Terhadap Manipulasi Konten Asusila Aurelia Gisa Maharani; Abigail Angeline Yap; Rafirstka Madyah Putri; Valonia Nevada
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1738

Abstract

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.
Peranan Hakim Dalam Upaya Menurunakan Angka Dispensasi Kawin Di Pengadilan Agama Kabupaten Lamongan Nafisatul Aini; Aldira Mara Ditta C.P
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1739

Abstract

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.

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