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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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Analisis Dasar Pertimbangan Majelis Hakim Atas Tindak Pidana Anak Yang Dilakukan Secara Bersama Ditinjau Dari Teori Keadilan (Studi Putusan Pengadilan Negeri Kayu Agung Nomor 9/Pid.Sus-Anak/2023/PN Kag) Wijaya, Andy; Zahri, Saipudin; Salia, Erli
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.v4i1.1497

Abstract

Children who commit crimes must still be treated humanely by upholding the principles of non-discrimination, the best interests of the child, and respect for their right to life and development. This study examines the basis for the panel of judges' considerations regarding criminal acts committed by children jointly from the perspective of justice theory through a study of Kayu Agung District Court Decision Number 9/Pid.Sus-Anak/2023/PN Kag, as well as the legal remedies filed by the defendant against the decision. The method used is normative legal research supported by field data and is descriptive and analytical in nature. The results of the study show that the judges' considerations were based on philosophical aspects that emphasized rehabilitation for the defendants, thus reflecting the application of modern criminal law theory and some modern theories of justice. However, the defendants filed an objection because they considered that the verdict did not fully take into account mitigating factors, such as their confession and remorse for their actions, so the judges should have given more consideration to these factors before handing down the verdict.
Kebebasan Berkontrak Dan Prinsip Keadilan Perjanjian Leasing Dalam Perspektif Hukum Perdata Kharisma, Buyung; Hayatuddin, Khalisah; Tanzili, Mulyadi
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.v4i1.1499

Abstract

This study aims to analyze leasing agreements from a civil law perspective, focusing on the application of the principle of freedom of contract and the principle of justice. As an innominate agreement, leasing is generally set out in standard clauses determined unilaterally by the financing company, thereby creating an imbalance in the legal position between the lessor and the lessee. Although normatively valid under Article 1338 of the Civil Code, the practice of such contracts does not always reflect fairness, as they often contain unilateral clauses that are detrimental to the lessee. Using normative juridical methods and qualitative analysis, this study shows that the principle of freedom of contract must be interpreted in a limited manner and corrected by the principles of fairness, propriety, and protection of the weaker party. Therefore, modern civil law needs to be oriented not only towards formal legality, but also towards substantive justice that is capable of balancing the rights and obligations of the parties in a leasing agreement.
Perlindungan Hukum Terhadap Dokter Bedah Yang Melakukan Tindakan Operasi Di Rumah Sakit Charitas Group Palembang Fauzan, Febrero Andro Dwi; Kasra, Helwan; Salia, Erli
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the legal protection of surgeons at Charitas Group Hospital Palembang using a normative juridical and empirical approach. The findings indicate that legal protection is provided through both preventive and repressive measures, which have generally been effective, as reflected in the limited number of medical cases brought to court. Nevertheless, patient complaints still occur but are usually resolved constructively through internal mediation or with the involvement of third parties. Legal protection is granted as long as surgeons fulfill their professional obligations in accordance with the applicable legal framework. Factors influencing such protection include compliance with standard operating procedures (SOP), adherence to clinical pathways, the presence of informed consent, and the observance of medical ethics in healthcare services.
Upaya Penanggulangan Tindak Pidana Narkotika Oleh Badan Narkotika Nasional Provinsi Sumatera Selatan Ganda Wijaya
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the efforts of the South Sumatra Provincial National Narcotics Agency (BNNP Sumsel) in combating narcotics-related crimes and the factors influencing their implementation. Using an empirical juridical method with secondary data, the findings reveal that BNNP Sumsel adopts both non-penal and penal approaches. The non-penal efforts include prevention through supply control programs, demand reduction via public outreach and community empowerment, and harm reduction through rehabilitation. The penal efforts are carried out repressively through investigation, arrest, prosecution, and trial processes. Several factors affect these efforts, namely: (1) weak law enforcement due to limited personnel quality, (2) inadequate facilities and infrastructure caused by insufficient operational funding, and (3) low public participation in providing information or supporting the investigation process.
Penerapan Hukum Program Jaminan Kesehatan Nasional (JKN) Terhadap Pelayanan Spesialis Akupuntur Medik Di Rumah Sakit Umum Daerah (RSUD) Kayuagung Edi Suhaimi
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines the legal status of medical acupuncture services within the National Health Insurance (JKN) program, particularly following the termination of coverage by BPJS in January 2015 on the grounds that acupuncture was categorized as traditional health services under Presidential Regulation No. 12 of 2013 Article 25 (j). Previously, such services had been covered by PT. Askes under Joint Regulation No. 138/2009 of the Minister of Health and the Minister of Home Affairs. Using an empirical legal approach combined with statutory analysis, this research finds that there are two distinct regulatory frameworks: traditional acupuncture, performed by non-medical practitioners, and medical acupuncture, performed by certified physicians or specialists. Medical acupuncture in hospitals constitutes medical practice, encompassing examination, diagnosis, treatment, and specialized non-surgical interventions, as affirmed in Presidential Regulation No. 82 of 2018 Article 47 and supported by Minister of Health Regulation No. 28 of 2014. The study concludes that, based on the principle of lex specialis derogat legi generali, Presidential Regulation No. 82 of 2018 provides a legal foundation for including medical acupuncture services under JKN coverage.
Tanggungjawab Perdata Dokter Dalam Kelalaian Medis Pada Tindakan Operasi Medik Terkait Persetujuan Tindakan Medis (Informed Consent) Hendri Farozah
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The existence of informed consent plays a fundamental role in the legal relationship between doctors and patients, serving as both the basis for the legitimacy of medical actions and a legal safeguard for both parties. This study employs a normative juridical method with secondary data sources to examine two main issues: the position of informed consent in relation to doctors’ civil liability and the form of accountability in cases of medical negligence during surgical procedures. The findings indicate that informed consent functions as a defensive mechanism for doctors against potential patient lawsuits while ensuring a sense of security in the delivery of medical care. In cases of negligence, doctors may be held civilly liable for material damages, including medical expenses and loss of income, as well as immaterial damages such as pain, anxiety, and emotional distress. Such claims can be brought before the District Court, as the doctor’s actions may contravene principles of propriety, diligence, and prudence, as regulated under Articles 1239, 1365, and 1366 of the Indonesian Civil Code.
Pengaruh Kemajuan Teknologi Dalam Hukum Investasi Di Indonesia Mardhiyah; Tuti Sayekti; Abdurrahman Saleh; Rico Febriansyah; Wendi Sastra
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The advancement of digital technology has significantly influenced the dynamics of investment law in Indonesia. Innovations such as financial technology (fintech), cryptocurrency, and digital trading platforms have expanded access to investment opportunities while simultaneously introducing new legal risks. This study aims to examine the impact of technological progress on regulation, legal protection for investors, and law enforcement against violations, including cybercrime and investment fraud. Employing a normative juridical approach, the analysis draws on legislation, court decisions, and recent academic literature. The findings indicate that inadequate regulation, weak supervisory mechanisms, and low legal literacy among investors remain major obstacles. Therefore, adaptive legal reform is required through specific regulations on digital transactions, strengthened oversight, and enhanced collaboration among government, industry, and society. This study underscores the necessity of responsive investment law in addressing technological developments and contributes to the academic discourse on regulatory transformation in the digital era.
Integrasi Konsep Anak Angkat dalam Pembagian Waris di Indonesia: Analisis Yuridis terhadap Dinamika Hukum Positif Yassin, Iqbal; Sanjaya, Prasetya
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study investigates the complexities associated with the reassessment of child adoption laws and the framework governing the distribution of inheritance to adopted children, as described by Islamic law and civil law. The methodological approach used in this investigation is normative jurisprudence, combining a thorough examination of the library to identify a strong legal basis in the form of legal dogma or doctrine that can effectively address questions related to the subject matter at hand. Furthermore, the analysis covers relevant legal statutes concerning child adoption and inheritance asset allocation, in line with the provisions of Islamic law and civil law. The findings of this study indicate that, under Islamic law, the process of child adoption does not alter the existing legal relationship between the adopted child and the adoptive parents, either in terms of lineage or maternal relationship; rather, the judicial determination of adoption equates the status of the adopted child with that of a biological child, thereby establishing equality in the legal consequences regarding the distribution of inheritance, as articulated in Article 852 of the Civil Code. In the context of Islamic law, the rights of adopted children are a significant consideration, whereby the inheritance rights of these children can be facilitated through compulsory inheritance, as stated in Article 209 of the Compilation of Islamic Law (KHI)
Legitimasi Publik Dan Tuntutan Pemakzulan Kepala Daerah Dalam Ketatanegaraan Perspektif Siyasah Dusturiyah Pratama, Dhendy Setiawan; Khalid, Khalid
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The impeachment of regional heads is a very important constitutional instrument in the Indonesian state administration, which aims to ensure the accountability and integrity of public officials at the local level. In the framework of a democracy based on direct elections, regional heads gain legitimacy through a mandate from the people, but this legitimacy is not absolute. With political and legal developments, various demands for impeachment have arisen, not only based on legal violations but also due to factors such as the weakening of public legitimacy. In practice, the impeachment process is often caught between legal norms and political realities, resulting in a process that is fraught with political nuances and power interests. This article attempts to analyze this phenomenon from two perspectives, namely constitutional law in Indonesia and fiqh siyasah, particularly siyasah dusturiyah as explained by Imam al-Mawardi in his work al-Ahkam al-Sultaniyyah. Through a normative legal research approach that refers to legislation and conceptual regulations, this article shows that the impeachment mechanism in Indonesia is clearly regulated in terms of norms, but in practice it often deviates from these norms. From a siyasah dusturiyah perspective, impeachment is defined as part of the mechanism for overseeing leaders who have lost the trust of the people or violated the principles of sharia and justice. Therefore, it is important to have synergy between applicable positive law and the principles of fiqh siyasah in order to create legitimate and accountable regional government management.
Implementasi Peraturan Pemerintah Nomor 22 Tahun 2021 Tentang Penyelenggaraan Perlindungan Dan Pengelolaan Lingkungan Hidup Dalam Pengendalian Pencemaran Limbah Cair PT. Evergreen Di Tanjung Morawa Perspektif Siyasah Dusturiyah Triana, Tanty; Matondang, Maulidya Mora
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study aims to examine the implementation of Government Regulation No. 22 of 2021 on the Management and Protection of the Environment in controlling liquid waste by PT. Evergreen Tanjung Morawa, analyzed from the perspective of Siyasah Dusturiyah. The research employs a juridical-empirical approach, utilizing interviews, observations, and documentation as data collection techniques. The findings reveal that waste management practices have not fully complied with the regulatory framework due to weak supervision, limited institutional capacity, and low industrial commitment to environmental protection. Consequently, water pollution, health problems, and declining local economic productivity have occurred. In the framework of Fiqh Siyasah Dusturiyah, the government bears legal and moral responsibility to ensure public welfare based on the principles of Maqāṣid al-Syarī‘ah and al-Mas’uliyyah al-Bi’iyyah (ecological responsibility). The study recommends strengthening a supervision system grounded in Islamic ethical values to promote just and sustainable environmental governance.  

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