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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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Penegakan Hukum Terhadap Tindak Pidana Juru Parkir Liar Di Kota Palembang Akrim Mualif Alfatiri; Wawan Indrawan; Joni; Firmansyah
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Parking is an important part of the transportation system, as every private vehicle journey typically begins and ends at a parking lot. The government regulates various forms of parking permits, such as public parking, incidental parking, special parking, parking lots, parking buildings, and parking pools. However, the practice of illegal parking fees still frequently occurs and is categorized as illegal extortion (pungli). Under the Criminal Code (KUHP), such extortion can be prosecuted under Article 368 on extortion, which imposes a prison sentence of up to nine months on offenders who force someone to hand over property or money unlawfully through violence or threats.
Implementasi Asas Strict Liability Atas Tanggungjawab Produk Dalam Hukum Perlindungan Konsumen: Studi Perbandingan Antara Indonesia & Amerika Serikat Pratama, Ridwan Yoga
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.v4i1.1423

Abstract

Indonesian Consumer Protection Law is based on principles that apply to both consumers and producers. The study found that while there is a great opportunity for the principle of fault-based liability to be changed to strict liability, constraints stand out. Furthermore, the findings show that although Indonesia has started to adopt the principle of strict liability in its consumer protection law, there is still a slight interpretation bias in its legal practice, particularly in the enforcement system. This can be inferred by the fact that “reverse proof” is still used in many legal practices. This is different if we compare it with what has happened in the United States. The United States has fully utilized the principle of absolute liability in its consumer protection legal system. In fact, the United States has used absolute liability with the expansion of intentional tort, which is more favorable to consumers.
Analisis Dampak Kebijakan Efisiensi Belanja Perjalanan Dinas Terhadap Kemandirian Fiskal Daerah Setelah Penerapan Undang-Undang Nomor 1 Tahun 2022 Putriani V, Setiajeng
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The efficiency of local government budget management has become a central issue in efforts to strengthen local fiscal autonomy, especially after the enactment of Law No. 1 of 2022 on Financial Relations between the Central Government and Local Governments. One of the strategic policies implemented is the efficiency of official travel expenses, which has been a significant expenditure item in the local budget. This study aims to analyze the impact of the efficiency policy for official travel expenses on regional fiscal autonomy, both in terms of changes in the APBD structure and the achievement of fiscal autonomy indicators before and after the implementation of Law No. 1 of 2022. The research method uses a quantitative approach with secondary data analysis of the APBD from several local governments, supported by qualitative studies through interviews with local finance officials. The results of the study indicate that the policy of efficiency in official travel expenses has a positive impact on increasing the proportion of productive spending and improving the fiscal autonomy ratio in most of the study areas. However, the impact of these policies varies across regions depending on their fiscal characteristics and financial management capacity. The implications of this research emphasize the importance of consistent budget reform and the strengthening of sustainable local fiscal governance to achieve more optimal fiscal autonomy.
Urgensi Pemberatan Hukuman Bagi Residivis Kekerasan Terhadap Anak Sebagai Upaya Perlindungan Hukum Anak Di Indonesia Azrieliani Vira Annisa; Maroni; Dewi, Erna
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.v4i1.1425

Abstract

Violence against children is a form of human rights violation that requires serious handling, especially when committed by perpetrators who are recidivists. In the context of criminal law in Indonesia, the aggravation of punishment against perpetrators of child abuse who repeat their actions is still not explicitly regulated in the applicable regulations. In fact, the aggravation of punishment against recidivists is an important step to strengthen the legal protection of children. This research aims to examine the urgency and contribution of aggravated punishment in order to provide more effective legal protection for children as a vulnerable group. Through a normative juridical approach, it is found that the aggravation of punishment for recidivists does not only create a deterrent effect, but also serves as a preventive effort, the formation of a legal culture, and the enforcement of substantive justice. The state has a moral and legal responsibility to tackle violence against children through legal instruments that are clear, firm, and oriented towards victim protection. Therefore, it is necessary to reformulate criminal law policies that explicitly regulate the aggravation of sanctions for recidivists of violence against children so that the criminal justice system can work more effectively, fairly, and humanistically.
Kapabilitas Lembaga Legislatif dalam Menjalankan Mekanisme Check and Balances Pasca Perubahan Undang-Undang Dasar 1945 Utami, Iftitah
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1426

Abstract

The main problems in this study are: how the authority of the legislature in carrying out the mechanism of checks and balances, and how the comparison of the capabilities of the legislature before and after the amendment of the 1945 Constitution (UUD). The purpose of this study is to analyze the authority of the legislature in maintaining the balance of power between state institutions, as well as assessing changes in the capabilities of the legislature after the amendment of the 1945 Constitution. This research uses normative juridical method, which is research based on literature study and analysis of relevant laws and regulations. The results show that the mechanism of checks and balances after the amendment of the 1945 Constitution causes the relationship between state institutions to become more complex, but at the same time strengthens government stability. This reflects the dynamics of democracy which takes time to form mature institutional procedures and habits that are acceptable to society, as happens in countries with established democracies. The conclusion of this study is that after the amendment of the 1945 Constitution, the position, duties and authority of the DPR (and DPRD) have changed significantly. Before the amendment, the President had full authority in the formation of laws. However, after the amendment, this authority was transferred to the DPR as the holder of legislative power. The President only has a role in ratifying draft laws that have been discussed with the DPR. This change strengthens the political and juridical position of the DPR, and increases its role in maintaining a system of control and balance in the administration of government.
Diskresi Pejabat Administrasi Dalam Pelayanan Publik Terhadap Batasan Dan Pengawasan Diskresi Putri, Sarah Adinda; Triono, Agus; Kasmawati, Kasmawati
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.v4i1.1427

Abstract

Violence against children is a form of human rights violation that requires serious handling, especially when committed by perpetrators who are recidivists. In the context of criminal law in Indonesia, the aggravation of punishment against perpetrators of child abuse who repeat their actions is still not explicitly regulated in the applicable regulations. In fact, the aggravation of punishment against recidivists is an important step to strengthen the legal protection of children. This research aims to examine the urgency and contribution of aggravated punishment in order to provide more effective legal protection for children as a vulnerable group. Through a normative juridical approach, it is found that the aggravation of punishment for recidivists does not only create a deterrent effect, but also serves as a preventive effort, the formation of a legal culture, and the enforcement of substantive justice. The state has a moral and legal responsibility to tackle violence against children through legal instruments that are clear, firm, and oriented towards victim protection. Therefore, it is necessary to reformulate criminal law policies that explicitly regulate the aggravation of sanctions for recidivists of violence against children so that the criminal justice system can work more effectively, fairly, and humanistically.
Regulasi Hukum Merek Terhadap Merek Terkenal Rika Novalina; Nia Nopianti; Johansyah; Fadli Rahman Wahidi
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.v4i1.1428

Abstract

This research is an intensive, detailed, and in-depth literature study. The data collection method used in this study is the applicable regulations, and legal analysis is one of the useful research methods for future legal knowledge needs. To analyze the files from the search results, primary and secondary data can be processed and then analyzed qualitatively. Subsequently, a review was conducted, and the essence was obtained. The legal regulation of the trademark system adopted in Indonesia is the “first-to-file” system, meaning that the first applicant to file will be protected. However, pursuant to Article 21 of Law No. 20 of 2016 on Trademarks and Geographical Indications, the applicant for trademark registration must act in good faith. Therefore, the first applicant whose rights are protected is the one who acts in good faith.
Penerapan Business Judgement Rule Terkait Dengan Keputusan Direksi PT BUMN Sudarna, Sudarna
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v3i3.1429

Abstract

The decision of the board of directors in managing the company related to its core business is required to be able to manage the company with good integrity, full of caution, in order to obtain profits. Directors running the company's activities can prove that the decisions taken are not based on personal interests but for the benefit of the company. BUMN companies in carrying out their business are not only in the field of private law, but their business is also carried out in the field of public law.  The purpose of this research is to find out whether the new BUMN Law can create impunity loopholes, especially in cases of corruption that are neatly structured within BUMN. The results showed that BUMN companies not only run the core business, but are also given the mandate to carry out government functions to provide public services or as PSO implementers such as subsidized fertilizers to support food self-sufficiency programs.  As a PSO Executor, it is certainly oriented in handling direct state financial flows, for that there must be administrative separation and its implementation must be open. if studied administratively and referring to Law Number 28 of 1999, this policy cannot be ignored, even so the directors are included as State Officials. Why is this so, directors can be convicted in corruption cases if the elements of state losses are met, if proven negligent in making decisions that have an impact on state losses. In the new BUMN Law, directors are given the freedom to manage the company through the principle of Business Jugement Rule, this principle does not mean that the actions of directors become immune to the law or cannot be a shield for corrupt practices that harm the state.
Konstruksi Hukum Perlindungan Kurir Cash On Delivery (COD) Berbasis Asas Keadilan Dan Kepastian Alifvio Bramandika Karindra; Rohaini, Rohaini; Kasmawati, Kasmawati; Sunaryo, Sunaryo; Adhan S, Sepriyadi
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.v4i1.1430

Abstract

Digital transformation has given birth to new forms of work, one of which is couriers in the Cash on Delivery (COD) payment system which is a central actor in the Indonesian e-commerce ecosystem. The role of COD courier is not only as a delivery person, but also as a payment intermediary between business actors and consumers. However, this strategic position is not matched by adequate legal protection. COD couriers are often classified as “partners” by digital platforms, not formal workers, so they are in a legal vacuum that negates normative labor rights such as social security, work safety, and protection from consumer violence. This study aims to examine the legal position of COD couriers in the Indonesian labor law system and consumer protection, and analyze the application of the principles of justice and legal certainty to their existence. Using a normative juridical approach and theories of progressive law, responsiveness, and distributive justice, this research finds that the absence of explicit regulation of the legal status of couriers leads to unequal relations between couriers, platforms, and consumers. This research recommends a new hybrid regulation to ensure comprehensive protection for COD couriers, through normative recognition, fair employment contracts, violence reporting systems, and sectoral regulations that are responsive to the dynamics of digital work. The results of this research are expected to become a normative basis in the formation of regulations for the protection of informal workers in the digital economy era.
Penyidikan Tindak Pidana Perpajakan Berdasarkan Peraturan Menteri Keuangan Nomor 17 Tahun 2025 Wibowo, Agung Satryo; Darmawan, Didit; Putra, Arif Rachman; Hardyansah, Rommy; Jauhari, Muhammad Alvin
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.v4i1.1432

Abstract

Law enforcement in the field of taxation plays a crucial role in ensuring compliance and optimizing state revenue. Minister of Finance Regulation Number 17 of 2025 serves as a legal foundation for the investigation of tax crimes, aiming to uphold the principles of transparency, accountability, and human rights protection. This study examines two main aspects: the implementation of tax crime investigations and the practical challenges encountered, as well as how taxpayers' rights are protected under the regulation. The findings indicate that although the regulation contains comprehensive procedural standards and safeguards, several obstacles persist in practice, including legal interpretation issues, limited resources, and socio-cultural or bureaucratic barriers. It is recommended that derivative regulations be refined, the competence of law enforcement officers be improved, and oversight mechanisms be strengthened to ensure fair investigation processes for both the state and taxpayers. Continuous reform is necessary for the national taxation system to effectively address legal challenges and meet public needs in a balanced manner.

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