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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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Gugatan Derivatif sebagai Mekanisme Pengawasan Korporasi: Analisis Efektivitas di Indonesia dalam Perspektif Perbandingan dengan Jepang dan Singapura Maisyaroh Umdzatul Khoirot; Lintang Yudhantaka
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.v5i1.1762

Abstract

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.
Prosedur Pemberesan Harta Pailit Terhadap Debitor Pailit Yang Tidak Kooperatif: Studi Kasus Soebali Sudjie (Dalam Pailit) Nur Azlina Abul Kalam; Waluyo
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.v5i1.1765

Abstract

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.
Pertanggungjawaban Pidana Rumah Sakit Berdasarkan Prinsip Vicarious Liability Atas Kasus Bayi Tertukar Velika Emilia Contesa; 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.v5i1.1785

Abstract

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.
Transformasi Kejahatan Narkotika Di Era Digital dan Dampaknya Terhadap Ibu Rumah Tangga: Analisis Penegakan Hukum Perspektif Gender Pietro Grassio Ekoyulio; Jesslyn cen; Kathleen Joan; Lathifah Lathifah; Sandrina Realita; Theresia Aurellia Gunawan
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.v5i1.1789

Abstract

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.
Analisis Yuridis Putusan Hakim Nomor 1362/Pid.B/2024/PN Plg Tentang Perkara Tindak Pidana Bersama Sama Menggunakan Kekerasan Terhadap Korban Yang Mengakibatkan Luka-Luka Satya Palinsa Putra; Hendi Romadoni; Kurniadi Kurniadi; Dedy Irawan
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.v5i1.1829

Abstract

Criminal acts of violence committed jointly are offenses that can disrupt public order and cause physical and psychological harm to victims. This study aims to analyze the legal considerations of the panel of judges in the Palembang District Court Decision No. 1362/Pid.B/2024/PN Plg, as well as the factors that hinder judges in imposing criminal penalties on perpetrators of joint acts of violence. This study employs a mixed-methods legal approach combining normative and empirical perspectives. Data were collected through a review of legislation, court decisions, legal literature, and interviews with the judges who adjudicated the case. The analysis was conducted using a descriptive qualitative method. The results show that judges consider both legal and non-legal aspects, including the fulfillment of the elements of Article 170 of the Criminal Code, trial facts, evidence, the consequences of the act, motive, the defendant’s circumstances, and recidivism status. Challenges in sentencing are influenced by differences in case characteristics, the wide range of potential criminal penalties, and the lack of uniform sentencing guidelines. This study concludes that the judges’ rulings are in accordance with applicable legal provisions; however, clearer sentencing guidelines are needed to reduce sentencing disparities and ensure legal certainty, justice, and public benefit.
Peran Arbitrase Sebagai Mekanisme Penyelesaian Sengketa Bisnis Terhadap Keadilan Dan Kepastian Hukum Bagi Pelaku Usaha Husnawaty Husnawaty; Septiani Septiani; Citra Julita
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.v5i1.1833

Abstract

This study stems from the need among business actors for a dispute resolution mechanism capable of providing justice and legal certainty, while litigation through the courts often faces obstacles in the form of lengthy procedures that do not always align with the nature of business disputes. Arbitration serves as an alternative dispute resolution method that offers the principles of party autonomy, confidentiality, efficiency, and final and binding awards. However, in practice, there are still issues regarding the enforcement of arbitral awards and the limits of the courts’ involvement in ensuring the effectiveness of such awards. This study aims to analyze the role of arbitration as a mechanism for resolving business disputes in providing justice and legal certainty for business actors. This study employs a normative legal research method using the statutory approach, the conceptual approach, and the case approach. Legal materials were analyzed qualitatively using a prescriptive-juridical method by examining legislation, legal doctrine, and court decisions related to arbitration. The results of the study indicate that arbitration plays a strategic role in providing more effective resolution of business disputes through the principles of finality of awards and party autonomy. However, legal certainty remains dependent on the effective enforcement of awards and the involvement of the courts, which must be maintained in a proportionate manner as a supporting institution without undermining the independence and finality of arbitral awards.
Pengaturan Normatif Perlindungan Data Pribadi dalam Transaksi Bisnis Digital di Indonesia Angga Pramudia Natatur; Sunarso Sunarso; Muhammad Meiddy Gunandi; Aldhi Arrahman
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.v5i1.1858

Abstract

This study on Personal Data Protection in Digital Business Transactions in Indonesia is a critical analysis of the intersection between digital sovereignty, the protection of human rights, and legal certainty in the digital economy. This research is motivated by the digital transformation, which has increased the risk of personal data breaches in Indonesia. Although Law No. 27 of 2022 has been enacted, its effectiveness is hampered by institutional constraints and low digital literacy. This study aims to analyze the effectiveness of the implementation of the Personal Data Protection Law and its alignment with international standards such as the General Data Protection Regulation. Using a normative legal approach, the research findings reveal a functional legal vacuum resulting from the absence of an independent supervisory body. An analysis of Lawrence Friedman’s legal systems theory highlights the unpreparedness of the legal structure and culture, while Gustav Radbruch’s theory identifies legal lacunae in cross-border transactions. This article offers novel insights through the reconstruction of legal norms, including: a model for the functional harmonization of the Personal Data Protection Act and the General Data Protection Regulation; the strengthening of a hybrid-autonomous supervisory authority; the formulation of cross-border data transfer rules; and the application of the doctrine of strict liability to digital platforms. The study’s conclusion underscores the need for regulatory synchronization to transform declarative norms into instruments that ensure legal certainty and genuine accountability on the part of data controllers.
Ratio Decidendi Hakim Dalam Menjatuhkan Putusan Terhadap Pelaku Tindak Pidana Korupsi Penjualan Aset Yayasan (Studi Putusan Nomor 17/Pid.Sus-Tpk/2025/PN Plg) Erick Ersi Yusardi; Iza Rumesten RS; Hamonangan Albariansyah
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.v5i1.1923

Abstract

This study aims to analyze the Ratio Decidendi of judges in rendering decisions against perpetrators of corruption in the sale of assets belonging to the Foundation (A Study of Decision Number 17/Pid.Sus-TPK/2025/PN Plg). The issues examined in this study include: (1) How the judges’ ratio decidendi considered the elements of corruption in the case concerning the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; (2) How the judges’ legal considerations were applied in imposing criminal sanctions on the perpetrators of corruption related to the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; and (3) How the direction of criminal law reform can provide protection for foundation assets in order to prevent misuse that may lead to corruption offenses in the future. This research employs a normative legal research method using both statutory and case approaches. Primary and secondary legal materials were analyzed qualitatively by applying Law Enforcement Theory as the grand theory, Criminal Liability Theory and Sentencing Theory as middle-range theories, and Ratio Decidendi Theory and Criminal Law Reform Theory as applied theories. The results of the study indicate that in Decision Number 17/Pid.Sus-TPK/2025/PN Plg, the judges rendered their decision based on proof of the element of abuse of authority resulting in state financial losses in the transfer of Foundation assets. The judges’ considerations emphasized that the defendant’s actions fulfilled the elements of a corruption offense as stipulated in the Anti-Corruption Law. The decision demonstrates the importance of legal protection for foundation assets through law enforcement oriented toward legal certainty, justice, and utility.
Analisis Hukum Terhadap Tanggung Jawab Korporasi Dalam Mengatasi Overlapping Lahan Masyarakat Di Sektor Pertambangan Musi Rawas Utara Alan jaya saputra
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.v5i1.2003

Abstract

The management of natural resources in the mining sector frequently gives rise to overlapping land conflicts between mining concession areas and land that has long been managed by local communities. This study aims to analyze the legal framework and forms of corporate responsibility in resolving overlapping land conflicts in North Musi Rawas Regency. The research applies an empirical juridical method combined with a normative juridical approach, including statutory and conceptual approaches. Primary data were obtained through interviews with company representatives, community members, and village officials, while secondary data consisted of primary, secondary, and tertiary legal materials. The data were analyzed qualitatively by linking relevant legal provisions with actual conditions in the field. The findings indicate that corporate responsibility has been regulated under various Indonesian laws and regulations. However, a gap remains between legal norms and their implementation. In practice, corporate responsibility is carried out through dialogue, compensation, and mediation facilitated by the village government. Nevertheless, these mechanisms have not fully ensured justice and legal protection for affected communities. Therefore, stronger supervision, law enforcement, and fairer and more effective conflict-resolution mechanisms are required.
Optimalisasi Fungsi strategis Partai Politik Pasca Putusan Mahkamah Konstitusi Nomor 62/PUU-XXII/2024 Else Suhaimi
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.v5i1.2017

Abstract

This study examines the issue of optimizing the strategic functions of political parties following Constitutional Court Decision No. 62/PUU-XXII/2024, which abolished the presidential threshold requirement for the nomination of the President and Vice President. Until now, the presidential threshold mechanism has influenced political parties’ recruitment functions by encouraging the formation of pragmatic coalitions that are not always based on ideology, cadre development, and party platforms. This study aims to analyze the implications of the abolition of the presidential threshold on political parties’ recruitment functions as well as the design of the presidential and vice-presidential nomination process within Indonesia’s constitutional democratic system. This study employs a normative legal research method using legislative, conceptual, and case-based approaches through an analysis of the 1945 Constitution of the Republic of Indonesia, election laws and regulations, and Constitutional Court rulings related to the presidential threshold. The results of the study indicate that the elimination of the presidential threshold opens opportunities for political parties to optimize their cadre development and political recruitment through a systematic, tiered process grounded in the party’s ideology and vision-mission. This optimization must be supported by the formation of coalitions based on shared policy agendas and the public interest, rather than merely the division of power. Thus, the Constitutional Court’s ruling can strengthen democratic political competition, the equality of political parties’ rights, and the quality of national leadership.

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