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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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Company Responsibility for Environmental Damage Caused by Mineral and Coal Mining Haddat, Chairil; Budiarsih
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Mining activities in Indonesia provide a large economic contribution, but on the other hand have the potential to cause significant environmental damage. Environmental damage due to mining activities is a serious problem that continues to be in the public and academic spotlight. To ensure legal protection for the environment and affected communities, the Indonesian legal system regulates various forms of legal liability, including civil liability. This study aims to determine several important targets related to regulatory changes in the mining sector in Indonesia, especially regarding the involvement of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. This research method uses normative legal research, with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials, and the analysis of the materials carried out is qualitative analysis. The collection of legal materials was carried out through the literature study method. The results of the discussion show that there are still many administrative violations that have an impact on environmental sustainability, due to weak supervision and lack of transparency. Mining companies have strong legal responsibilities based on laws and regulations. However, in its implementation, many violations and lack of supervision are still found. Therefore, it is necessary to strengthen regulations and reform the environmental administration system as a whole.
Legal Protection for E-Commerce Sellers and Consumers in Indonesia Reviewed from Law Number 8 of 1999 and Law Number 11 of 2008 Rosari, Kristin Gaby; Subekti; Suyono, Yoyok Ucuk; Widodo, Ernu
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The problem in this research is that the act of default can cause losses to the contract partner, so the contract partner who is harmed has the right to ask for legal protection through the court to force the person who committed the default to carry out his obligations in accordance with the agreed contract. The purpose of this study is to determine the type of legal protection that each party has and investigate the challenges associated with putting current regulations into effect.  The concepts of justice, legal certainty, and legal protection are examined along with pertinent laws and regulations using the normative legal method. The results of the study show that current regulations already cover various forms of protection, such as electronic contract requirements, business actors' obligations to provide transparent product information, and sanctions for violations of the law. However, the implementation of regulations faces obstacles, including lack of legal awareness and technological limitations. This study recommends strengthening government supervision, increasing digital literacy among the public, and collaboration between stakeholders to create a safer and more equitable e-commerce environment.
Peran Hukum Kepailitan Dan Penundaan Kewajiban Pembayaran Utang (PKPU) Dalam Penyelesaian Sengketa Utang Piutang Di Indonesia Dirgantara, Febrian; Putra, Arif Rachman; Darmawan, Didit; Khayru, Rafadi Khan; Wibowo, Agung Satryo
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.v4i1.1444

Abstract

This study aims to provide a normative‑juridical analysis of the legal framework governing bankruptcy and The Suspension of Debt Payment Obligations (PKPU) under Indonesia’s Law No. 37 of 2004. Using a normative approach, the research examines the statutory foundations, core principles, and the mechanisms by which bankruptcy and PKPU procedures are implemented in resolving creditor‑debtor relationships in Indonesia. It addresses the eligibility criteria, procedural stages, and institutional roles involved both in initiating bankruptcy proceedings and in conducting the PKPU mechanism as a means to rescue the debtor’s business. The analysis finds that while Law No. 37 of 2004 offers robust legal instruments, its practical implementation still faces challenges such as limited transparency, potential moral hazard, and the need to bolster the role of administrators and judicial oversight. In particular, PKPU provides a valuable opportunity for debtors and creditors to negotiate debt restructuring before moving to liquidation, aligning more closely with principles of procedural justice and economic efficiency. Ensuring consistent enforcement and the integrity of legal actors is critical for the Law’s objectives to be fully realized in practice.
Berakhirnya Perjanjian Kerja Laut Karena Kecelakaan Kapal Tenggelam (Studi Kasus Putusan Nomor 84/PDT.SUS-PHI/2023/PN SBY) Yanti, Helen; Wibawa, Risan; Saepudin, Wahyu
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The Maritime Employment Agreement (PKL) is the legal basis for the employment relationship between seafarers and maritime transport operators. One of the issues that often arises is the legal status of the PKL in the event of a maritime accident, particularly the sinking of a vessel. In this context, the question arises as to whether the PKL automatically terminates, and whether the operator remains obligated to pay the seafarers' entitlements, such as severance pay, wages, and compensation. This study aims to examine legal protection for seafarers in force majeure situations based on Article 27 of Government Regulation No. 7 of 2000, which states that employers remain obligated to pay severance pay equivalent to two months' final salary and other entitlements. This study highlights Decision Number 84/Pdt.Sus-PHI/2023/PN SBY, in which the heirs of a sailor sued the company for failing to fulfill employment rights, using a normative juridical method with a legislative approach and case studies. The focus is on analyzing legal norms related to seafarers' rights under force majeure conditions and reviewing relevant court decisions to evaluate the consistency of law enforcement. The analysis results indicate that the court ruled fairly by emphasizing that force majeure does not exempt employers from liability. However, there are still weaknesses in the implementation of seafarers' legal protection, particularly in terms of government outreach and oversight. Therefore, legal protection must be strengthened systematically to ensure that seafarers and their families receive genuine justice.
Analisis Hukum Terhadap Aborsi Korban Perkosaan Berdasarkan Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Aprilia Khoironisa; Muhammad Fikri; Muhammad Gustryan
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Abortion due to rape is an action taken by a woman who is pregnant as a result of rape to terminate her pregnancy. Rape is a form of non-consensual and forced sexual violence, and victims of rape often face difficult decisions regarding the continuation of their pregnancies. In cases of rape, abortion can be performed in various ways, such as through medical procedures or surgical methods, depending on the legal policies and medical requirements in a given area. Some countries recognize the rights of rape victims to access abortion more easily, while others may provide exceptions or more lenient requirements.
Analisis Hukum Pidana Mati Dalam Sistem Peradilan Pidana Pasca Berlakunya Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Hasbi Asyadiki; Zhahnil Novariyanto2
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The application of the death penalty in the Indonesian criminal justice system following the enactment of Law Number 1 of 2023 concerning the Criminal Code. (KUHP). This law introduces a number of significant changes to criminal law, including new provisions related to the death penalty. The main focus of this article is to explore how changes in regulations affect legal principles, implementation, and the sustainability of the death penalty in Indonesia. The application of the death penalty from a human rights perspective, as well as a comparison with the criminal justice systems of other countries that have abolished or still implement the death penalty, shows that although the death penalty is still recognized in the new Criminal Code, there is a tendency to allow for alternative punishments, particularly with the introduction of a probation period before execution. This reflects legislative efforts to balance justice, the prevention of serious crimes, and the protection of human rights.
Analisis Yuridis Terkait Putusan Hakim Dalam Perkara Penganiayaan Yang Menyebabkan Kematian Oleh Anak Berdasarkan Putusan Nomor 49/PID.SUS-ANAK/2023/PN.PLG Rafli Tuada Yudha; Rustam
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Legal protection for children means protecting children from violence and ensuring their rights and welfare. Therefore, every child's right is protected to achieve the goal of creating a healthy young generation for the nation and the country. By using normative legal methodology. Assault that results in death is one type of crime in criminal law that has significant social and legal repercussions. This becomes even more complex when the perpetrators are children, who are governed by the Indonesian juvenile justice system. To gain a better understanding of the legal considerations made by judges and the consequences of those decisions on legal progress and child protection, a legal analysis of this ruling is necessary. The judge considers the psychological and social aspects of the perpetrator, who is a minor, in addition to the positive legal aspects
Sanksi Pidana untuk Anak Berhadapan dengan Hukum Perspektif Residivisme Erwanto Pasaribu; Eko Agus Priadi; Try Wahyudi; Yonathan Rizky Wicaksono
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Sociologically, a child's development, both in terms of environment and mental state, determines whether a child engages in criminal behavior. The legal issue regarding criminal sanctions for children is a difficult and sensitive problem in society because children are the next generation that requires guidance and protection. The concept of recidivism becomes an important factor in the enforcement of law against children who commit violations in this situation. A person's tendency to commit a criminal act again after being previously convicted is called regression. In this discussion, we will address the criminal sanctions applied to children, their effects on recidivism, and the strategies that should be used to resolve this issue.
Perlindungan Hukum Atas Hak Merek Bagi Pelaku Usaha Kecil Terhadap Bolu Cupu Sebagai Makanan Tradisional Khas Kota Kayuagung Dinda Dana Pratiwi; Nadella Priscellia; Syafira Aquaristha; M. Danang Ramadhany Darmawan
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In Ogan Komering Ilir Regency, cupu cake is very popular, especially among the people of Kayuagung City. Unique flavors are very much loved by many people and help small businesses in the city of Kayuagung to develop their products. If utilized effectively, the potential for the development and empowerment of MSMEs throughout Ogan Komering Ilir Regency, particularly in Kayuagung District, is very significant. This potential can have a positive impact on the economic growth of the Kayuagung community. As is known, the economy is one of the very important factors in determining whether a country is classified as a developed or developing nation. The issue discussed in this writing is the importance of continuous legal counseling regarding the awareness of MSME actors, particularly micro business actors. Micro entrepreneurs make up 80% of the population in Kayuagung City, and they continue to believe that branding does not affect the quality of their products. It is very important that the government takes the necessary actions, such as providing counseling and socialization for follow-up, as well as offering guarantees to business actors regarding trademark registration. Awareness of the community culture that contributes to the low registration of trademarks needs to be improved.
Implementasi Penanganan Benturan Kepentingan di Lingkungan Komisi Pemilihan Umum Kota Palembang Purnamawati, Evi
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.v4i1.1495

Abstract

Handling conflicts of interest is a crucial aspect in conducting elections with integrity. The General Election Commission (KPU) as the election organizer is required to maintain independence, neutrality, and professionalism. This study aims to analyze the implementation of conflict of interest management within the General Election Commission (KPU) of Palembang City, the inhibiting factors, and improvement strategies. The research method uses a qualitative approach with normative descriptive analysis and field studies through in-depth interviews with commissioners and secretariat staff of the General Election Commission (KPU) of Palembang City. The results show that although regulations on conflicts of interest are available through the General Election Commission (KPU) Regulation and the State Civil Service Commission (KASN) Regulation, their implementation still faces obstacles, such as a lack of understanding among human resources, limited internal monitoring mechanisms, and the potential for local political intervention. Therefore, institutional strengthening strategies, ethics training for organizers, and transparent public reporting mechanisms are needed.

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