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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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Tinjauan Yuridis Terhadap Kewenangan Negara Dalam Regulasi Hak Kekayaan Intelektual Di Era Demokrasi Konstitusional Fadli, Adrian; Lanontji, Muryanto; Dirawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Intellectual Property Rights (IPR) have strategic value in supporting the economic growth, creativity, and cultural preservation of a nation. In the context of a democratic state of law, the regulation of Intellectual Property Rights by the state is a constitutional responsibility that cannot be ignored. This study aims to analyze the form of state authority in regulating Intellectual Property Rights in a fair, effective, and constitutional manner. The research method used is normative juridical with statutory, conceptual, and case study approaches to several decisions of the Constitutional Court. The results showed that the implementation of state authority in the field of Intellectual Property Rights has not been optimal, both in terms of legal and institutional substance. The main challenges include weak law enforcement, lack of synergy between institutions, and the absence of maximum protection for communal cultural expressions. This research confirms that regulatory strengthening and institutional reform are needed to realize equitable Intellectual Property Rights protection and in accordance with the principles of constitutional democracy. The state must also balance the protection of individual rights with the public interest so that Intellectual Property Rights regulations do not cause social inequality in the digital era.
Pertimbangan Hakim Pada Putusan Nomor 458/PDT.SUS-PKPU/2021/PN.NIAGA.JKT.PST Terhadap Proses Terjadinya Penundaan Kewajiban Pembayaran Utang Raden Ayu Widya Sari; Sari Oktalia; Evien Elmer; Kgs M Lukman Sigit; Josua Martua Siregar
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

An application for postponement of debt payment obligations (PKPU) can be filed before or after a bankruptcy petition with the aim of reaching an agreement between the debtor and creditors. If the agreement fails or is rejected by the court, the debtor is declared bankrupt. This study uses a normative legal method supported by empirical data. Judgment No. 458/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst indicates that the judge's considerations in the PKPU process are based on law, belief, and legal, sociological, and philosophical assessments of the trial facts. The appointment of PKPU administrators impacts various legal aspects, including debtor actions, reciprocal agreements, asset transfers, lease agreements, employment contracts, ongoing cases, debt settlements, and debt guarantors. It is recommended that judges master the legal foundations and understand supporting disciplines such as economics, business, and accounting, as well as the need for socialization or seminars related to bankruptcy and PKPU for the public and business actors.
Implementasi Omnibus Law Dalam Sistem Ketenagakerjaan Indonesia Setelah Dikeluarkannya Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Muhamad Yosi Agustian; 1 Joni Anwar; Andri Meilansyah; Yunita Sari; Muhammad Ajadillah
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The Omnibus Law method was used in drafting Law Number 11 of 2020 concerning Job Creation. The Constitutional Court through Decision Number: 91/PUU-XVIII/2020 stipulated Law Number 11 of 2020 concerning conditional unconstitutional Job Creation, Then the Government issued Government Regulation in Lieu of Law (PERPU) Number 2 of 2022 concerning Job Creation. This study uses normative legal research methods. The problem in this writing is the implementation of the Omnibus Law in the Indonesian labor wage system and the position of the Omnibus Law in the Indonesian legal system and what factors lead to rejection of the Omibus Law. In conclusion, the implementation of the Omnibus Law has not been fully implemented and the position of the Omnibus Law is regulated in Article 64 paragraphs (1a) and (1b) of Law Number 13 of 2022 concerning Formation of Legislation and Factors for rejecting the Omnibus Law due to regulatory conflict. Suggestions, the Government and the People's Representative Council (DPR) should strictly issue regulations that are not contrary to the law in society and in the process of establishing the Omnibus Law, the public must be involved in a transparent manner and socialized in advance to the public.
Analisis Yuridis Restorative Justice Dalam Kepastian Hukum Terhadap Anak Pelaku Tindak Pidana Annisa Fitri Arrum Melati; Syawaludin; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study analyzes the application of restorative justice in juvenile crime cases. This approach focuses on resolving crime through the participation of victims, perpetrators, and the community, rather than solely focusing on punishment. Many children commit crimes due to economic and social pressures. Therefore, the law requires the implementation of diversionary measures outside the legal process at every stage of a juvenile case, from investigation to trial. Diversion considers various factors, such as the type of crime, the age of the child, and environmental support. Judges act as facilitators of diversion and have the authority to examine and decide on juvenile cases. The recommendation from this study is the importance of protecting children in the criminal justice system, one of which is by continuing to promote restorative justice through diversion.
Mekanisme Penyimpanan Dan Pemusnahan Benda Sitaan Narkotika Yang Telah Mendapatkan Kekuatan Hukum Yang Tetap (Incraht) Sigit Muhaimin; Derry Angling Kesuma; Windi Arista
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Narcotics are substances or drugs originating from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce or eliminate pain, and can cause dependence, which are divided into groups as mentioned in attachment to Law Number 35 of 2009 concerning Narcotics. The destruction of evidence in narcotics cases is regulated in Law Number 35 of 2009 concerning Narcotics and Regulation of the Head of BNN Number 7 of 2010 concerning Technical Guidelines for Safe Handling of Confiscated Narcotics Items.
Barang Bukti Dalam Hukum Pembuktian Di Indonesia Fitri Darizta; Selin Sufitri; Herlina Firdaus; M. Fathony; Desti Indah Sari
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Proof cannot produce absolute truth, because human knowledge is always relative, dependent on experience, perception, and thinking that may not necessarily be correct. This study uses a normative legal method. In criminal procedure law, evidence is regulated in Article 184 of the Criminal Procedure Code (KUHAP). However, in judicial practice, evidence can change function to become admissible evidence. Although the KUHAP does not explain in detail the meaning of evidence, its position in the process of proof is very important and inseparable from other means of evidence. In some cases, the provisions of Article 184 of the Criminal Procedure Code are considered irrelevant and need to be reviewed and adapted to the times, including the recognition of evidence as a valid means of proof. For judges, prosecutors, investigators, and lawyers, a shared understanding of the importance of the principle of proof, especially in the use of evidence in the form of electronic information or documents in corruption cases, is essential to accurately assess the strength of the evidence
Analisa Konsep Rechterlijk Pardon Dalam Proses Mediasi Perkara Diversi Yulian Effendi; Zulkarnain; M. Syahzilli; Henky Irawan; Novandro Ari Sekentianda
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
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Abstract

Criminal prosecution is the process of determining and imposing penalties under criminal law. In cases of minor criminal offenses, settlement of cases through reconciliation is permitted. This reconciliation involves the victim, the perpetrator, and the community, but its practice remains limited and is typically conducted outside of court. Forms of reconciliation may include compensation for losses and granting forgiveness, which can influence the leniency of the sentence imposed on the perpetrator. Under Articles 364, 373, 379, 384, 407, and 483 of the Criminal Code, minor criminal offenses that can be resolved through mediation are punishable by a maximum prison sentence of 3 months or a maximum fine of Rp2.5 million. In the juvenile criminal justice system, the diversion mechanism already accommodates this reconciliation. The hope is that victims and offenders can jointly seek the best solution, thereby giving the practice of reconciliation clear legitimacy within Indonesia's criminal justice system.
Pejabat Pembuat Komitmen Memutuskan Kontrak Pengadaan Barang Jasa Pemerintah Secara Sepihak Doni Hertanto; Murti Maharani; Andini Chairani R; Mulyadi
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
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Abstract

The procurement of goods and services by the government plays an important role as an instrument for driving the national economy, especially in efforts to improve the welfare of the community. These activities typically focus on the public sector and involve the use of state budgets. In practice, the implementation of government procurement contracts often faces various challenges that may lead to breach of contract or failure to fulfill obligations. In such circumstances, the government, through the Contracting Authority (CA), has the authority to unilaterally terminate the contract as a resolution measure.
Analisis Hukum Penerapan Sanksi Pidana Penyalahgunaan Narkotika Oleh Hakim Ditinjau Dari Sema Nomor 4 Tahun 2010 Di Kota Palembang Choirul Nur Akrom; R. Octavianus; Nirwan; Muhammad Arif Syah Putra
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Law enforcement against drug abuse in Palembang has been carried out in accordance with SEMA No. 4 of 2010, but court decisions are still dominated by prison sentences rather than rehabilitation. Data from the National Narcotics Agency (BNN) for 2020-2022 shows that 1,433 drug addicts were detected, but only 100 were processed to the investigation stage. The main obstacles to implementing Law No. 35 of 2009 include limited public participation and understanding of the BNN's role, social stigma toward drug users, and insufficient rehabilitation facilities. Many families are reluctant to cooperate out of fear that their family members will be imprisoned, even though there are opportunities for rehabilitation or outpatient treatment. This situation restricts the authorities' ability to address drug-related cases.
Analisis Hukum Pengawasan Pelaksanaan Tender Proyek Pemerintah Daerah Dengan Pihak Swasta Dalam Perspektif Hukum Persaingan Usaha Di Kota Palembang Zainal Abidin; Supardiansah; Syamsuddin; Marsudi Utoyo
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 how supervision is carried out on local government project tenders involving private parties in Palembang City, from the perspective of business competition law. The study focuses on the role of the Regional Representative Council (DPRD) and related agencies in ensuring that the tender process is transparent, fair, and free from monopolistic practices and collusion. The study uses a normative juridical approach combined with case studies. The results indicate that although the oversight mechanisms have followed applicable regulations, there is still potential for unhealthy competition, particularly due to weak oversight during the administrative and bid evaluation stages. Therefore, it is necessary to strengthen technical regulations, enhance the competence of oversight personnel, and foster closer inter-agency collaboration to promote healthy competition and support optimal regional development.

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