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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 84 Documents
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Peran Polri Dalam Pemberantasan Perusakan Hutan Risky Caniago; Nurul Mutia Baba; Habibul Ghufron; Saharudin Saharudin; Fitrisia Madina
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Forests are natural resources that are renewable and contribute to the state in the form of taxes and people's welfare from the value of existing logs. What is the judicial process for violations of forest law. What are the obstacles to law enforcement against crimes in the forestry sector. The methodology is normative legal research which is legal research conducted by examining literature.The results of the research show that the process of investigating crimes in the forestry sector is regulated specifically, namely that it is carried out by Investigating Officers of Civil Servants within the Ministry/Forestry Service both at the central and regional levels. In addition to special investigators, there are other law enforcement officials who also have the authority to investigate crimes in the forestry sector, namely investigators from the National Police, the Attorney General's Office and the Navy, and law enforcement against crimes in the forestry sector experiences several obstacles, both juridical in nature, originating from regulations the laws governing forestry, namely the formulation of forestry offenses cannot reach the intellectual perpetrators of crimes in the forestry sector. In conclusion, the process of investigating crimes in the forestry sector is regulated specifically, namely to be carried out by Investigating Officers of Civil Servants within the Ministry/Forestry Service both at the central and regional levels. Law enforcement against crimes in the forestry sector experiences several obstacles, both of a juridical nature, namely the formulation of forestry offenses cannot reach the intellectual perpetrators of crimes in the forestry sector.
Kekuatan Pembuktian Alat Bukti Elektronik Berdasarkan Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik (ITE) Taufik Iskandar; Mauluddin Mauluddin; Rudi Rudi; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

E-commerce is a trade transaction that allows buying and selling without having to meet directly between the seller and the buyer. This trading system requires a strong sense of trust between one another, between sellers and buyers. Recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Act which stipulates that microfilm containing recordings of company documents can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, while the Corruption Law explicitly explains that electronic information and electronic documents are an extension of demonstrative evidence. Because electronic letters in the form of electronic information or electronic documents have been recognized as one of the legal means of evidence in special crimes outside the Criminal Code, parallel to the legal evidence in Article 184 of the Criminal Procedure Code, which is a new type of evidence, it is hoped that investigators, public prosecutors, advisers law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will gain confidence that it is the defendant who is guilty of committing a crime, so the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant becomes deterrent and the community's sense of justice is fulfilled.
Analisis Yuridis Terhadap Pelaksanaan Pinjam Pakai Barang Bukti Perkara Tindak Pidana Yeni Suswita; Hery Fadlullah; Nurjannah Nurjannah; Pasten Hard; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The court conducts an examination process known as proof. For the purposes of proof, the presence of objects involved in a crime is also very necessary. These objects are often known as "evidence". The problem in this study is how investigators are responsible for evidence. What is the Process of Borrowing and Using Evidence in Criminal Cases. The research methodology is descriptive, namely normative juridical research. The results of the investigation show that the investigator's responsibility for evidence starts from the moment the item is confiscated by the investigator, so since then if the evidence is damaged or lost, then this responsibility is the responsibility of the investigator at the investigation level. The process of borrowing and using evidence in criminal cases can be carried out by the owner of the evidence based on KAPOLRI Regulation Number 10 of 2010 concerning Procedures for Managing Evidence within the POLRI, in Chapter VI Procedures for Borrowing and Using Evidence by Owners. In conclusion, the investigator's responsibility for evidence starts from the moment the item is confiscated by the investigator, so since then if the evidence is damaged or lost and the Borrowing and Use of Evidence Process in a Criminal Case can be carried out by the owner of the evidence based on KAPOLRI Regulation Number 10 of 2010 concerning Management Procedures Evidence in the Police Environment. So that every application for borrowing evidence, the investigator can lend the evidence to the victimized party without asking for exorbitant fees. To victims or owners who want to borrow evidence to carry out the correct procedures in accordance with KAPOLRI Regulation Number 10 of 2010 to investigator superiors.
Analisis Hukum Dalam Penetapan Pengadilan Agama Tentang Perwalian Anak Kandung Yang Masih Di Bawah Umur Rexy Merchiano; Mohd. Syafariansyah; Erwan Effendi; Irman Ichandri; Sadli Sadli
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The case for Petition for Guardianship Number 227/Pdt.P/2022/PA.Plg which was submitted to the Palembang Religious Court, in its ruling granted the petitioner's request by designating the Petitioner as the guardian of his biological child. Meanwhile, Article 47 of Law Number 16 of 2019 Concerning Marriage explains that 1) Children who have not reached the age of 18 (eighteen) years or have never been married are under the authority of their parents as long as they are not deprived of their authority. 2) Parents represent the child regarding all legal actions inside and outside the Court. So, actually to become guardians for their biological children in carrying out legal actions, parents do not need a guardianship stipulation from the Religious Courts. The research method in this research is normative legal research. The Panel of Judges considered that the purpose of the petitions was for the benefit of their children, taking into consideration the management of securities. Although, and the legal basis used by the Panel of Judges in deciding this case includes Law Number 16 of 2019 jo. Article 107 Complications of Islamic Law and Article 389 of the Civil Code. From this study, the procedure and determination of guardianship are in accordance with civil law based on the provisions of Article 345 of the Civil Code. The reason for the Petitioners in submitting the application for the determination of guardianship to the Court is to fulfill the requirements for the interests of taking care of the children's rights to the share of the assets inherited from their biological father.
Analisis Putusan Peninjauan Kembali Di Bawah Ketentuan Minimum Pidana Penjara Dalam Perkara Narkotika (Studi Kasus Putusan MA Nomor 375 PK/PID.SUS/2024) Adrian, Sesilia Firsty; Adhitya Widya Kartika
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The application of law in Indonesia is based on the positive law applicable in Indonesia. There is an application of law in Supreme Court Decision Number 375 PK/Pid.Sus/2024 which is the object of the author's research by reviewing the suitability of the decision by comparing the decision with the positive law applicable in Indonesia. The verdict can be reviewed from formal law by referring to the Criminal Procedure Code as the legal basis, while from material law referring to Law Number 35 of 2009 concerning Narcotics. The application of the law in the Supreme Court Decision is reviewed from formal law by looking at the procedure when the applicant submits a request for a review to reopen a decision that has permanent legal force to be retried in court. The author conducts research on the application of formal law whether it is in accordance with the requirements and procedures contained in the Criminal Procedure Code and in accordance with the process of requesting a Judicial Review. The suitability of the application of material law is also examined by the author reviewing Law Number 35 of 2009 concerning Narcotics and also several related regulations. The purpose of the suitability of the application of law to a decision has an impact on the realization of the pillars of law stated by Gustav Radburch, namely justice, expediency, and legal certainty. The author in this study will examine the realization of the pillar of legal certainty in Supreme Court Decision Number 375 PK/Pid.Sus/2024.
Urgensi Regulasi Cyber Notary Dalam Mendukung Kepastian Hukum Di Era Digital Abdillah, Satrio; Saputra, Hamanda Hadi
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1367

Abstract

The urgency of this research lies in the urgent need to address the gap in Cyber notary regulations that have the potential to weaken legal certainty in the digital era. This research aims to identify challenges and formulate a regulatory concept that is adaptive to technological developments. Thus, it is expected to strengthen legal protection for parties in electronic transactions. The focus of this research is in line with the Sustainable Development Goals (SDGs), especially Goal 16: Peace, Justice, and Strong Institutions. This research supports the creation of responsive and transparent legal institutions by strengthening Cyber notary regulations in the digital era. This research method uses a qualitative approach analyzed using NVivo 12 Plus through transcription, data import, coding, and visualization. Data validity is maintained through source triangulation to ensure the reliability of the findings. This study's findings indicate that implementing Cyber notary regulations in the digital era is critical to guarantee legal validity, increase legal certainty and protection, and support safe digital transformation in notary services. Implementing cyber notaries in Indonesia still faces significant obstacles: the absence of specific regulations, limited technological infrastructure, lack of human resources, digital competence, and high data security and privacy risks. Therefore, regulatory development needs to prioritize six main aspects: validation of electronic deeds, standardization of procedures and technology, data protection and privacy, improving the digital competence of notaries, periodic supervision, and dispute resolution mechanisms.
Penerapan Criminal Justice System Yang Humanis Dan Eefektif Sebagai Paradigma Baru Pembaharuan Sistem Peradilan Pidana Di Indonesia Rahayu, Setyaning; Sidik Sunaryo
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1370

Abstract

Indonesia's criminal justice system is currently facing serious challenges. Problems such as prison overcapacity, injustice in law enforcement, and inadequate protection of human rights are major issues. In this study, the researcher applied a systematic review method and meta-analysis of various literatures and recent studies to examine the implementation of a new paradigm in a more humane and effective criminal justice system in Indonesia. The findings show that reforms in the criminal justice system need to emphasize the principles of restorative justice, protection of human rights, as well as collaboration between law enforcement agencies. Collaboration is needed to demonstrate shared commitment, update regulations, and increase the capacity of law enforcement agencies in order for Indonesia's criminal justice system to achieve real justice and protect human rights.
Reading Books Live On Tiktok: Is It Legal. Justine, Gabriele
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the copyright law of Indonesia and the legality of reading aloud a book on a live TikTok. The purpose is to comprehend the legal implications and ethical considerations of doing so based on Indonesian copyright law. The study employs a normative legal research method, where applicable legal norms and legal doctrines pertaining to copyright infringement in the context of live reading of books on TikTok. The study employs a statute approach, juxtaposing relevant laws that govern copyright and the exploitation of copyrighted works in the TikTok platform. A conceptual approach is used to analyze legal concepts relating to copyright and the exploitation of works on social media. Qualitative analysis is conducted to identify and analyze relevant legal issues surrounding copyright infringement in live book reading on TikTok. Document analysis and study conclusions contribute to a general understanding of copyright infringement challenges in a context of TikTok. The objective of the present study is to provide a general legal analysis of the practice of reading aloud a book during a live TikTok session based on copyright infringement.
Pertanggungjawaban Direksi BUMN Terhadap Kerugian Negara Berdasarkan Regulasi Pemerintahan Sektor Perusahaan Dan Pidana Afrilia, Dian; Sayit Bandung Bondowoso
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1400

Abstract

This paper provides an in-depth analysis of the accountability of directors of State-Owned Enterprises (SOEs) for state financial losses from the perspectives of corporate law and criminal law. The core issue lies in the tension between two legal regimes with contrasting orientations: corporate law, which emphasizes professionalism, managerial discretion, and protection against business risks through the business judgment rule doctrine; and criminal law, particularly the Anti-Corruption Law, which focuses on the consequences of actions in the form of financial losses to the state. In practice, this divergence often leads to legal uncertainty and overlaps, as business losses are frequently equated with unlawful acts subject to criminal sanctions. This paper argues that a repressive approach one that disregards rational decision-making processes has created fear among directors, resulting in a chilling effect that negatively impacts the management of SOEs. Therefore, a normative and institutional integration is urgently needed, placing the business judgment rule, the principle of lex posterior derogat legi priori, and the ultima ratio principle as foundational elements in assessing directors’ liability. The main conclusion of this study emphasizes the necessity of harmonizing corporate and criminal law to ensure legal certainty, maintain the continuity of SOE operations, and uphold the integrity of the national legal system.
Pendekatan Restoratif Sebagai Alternatif Pemidanaan Dalam Sistem Peradilan Pidana Indonesia Yogie, Muhammad Yogie Adha; Akuntari, Nur Intan
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1403

Abstract

This paper discusses the restorative justice approach as an alternative to punishment in the Indonesian criminal justice system. The massive use of imprisonment has caused serious problems such as the overcapacity of correctional institutions and the lack of recovery for victims. Restorative justice comes as a response to the weaknesses of the traditional punishment system that overemphasizes the punishment aspect, and is not effective in solving the problem of crime as a whole. The results showed that restorative justice offers a more comprehensive solution by prioritizing victim recovery, social reconciliation, and offender accountability without always relying on conventional punishment. The study results show that restorative justice has the potential to be a more humanist, adaptive, and effective punishment solution, especially in dealing with minor crimes. Several challenges such as the resistance of a rigid legal culture, the lack of understanding of the community and law enforcement officials, and the need for policy harmonization need to be considered. However, the implementation of this approach must be carried out while still paying attention to certain limitations and conditions so as not to cause imbalances in law enforcement.

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