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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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Integrating Legal Literacy into English Language Education Empowering University Students in the Global Era Ismail, Nathasa Al Maidah
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In today’s global era, students need more than just good English language skills. They also need to understand basic legal knowledge to help them become responsible and informed citizens. English language skills also broaden their career paths. This study examines how legal topics, such as human rights, employment law, and online safety, can be integrated into English language learning. By combining English lessons with simple legal content, students can improve their language skills while also learning about important real-world issues. This approach helps students think critically, speak confidently, and prepare themselves for life and work in a global society. This study used a qualitative method by analyzing teaching materials and interviewing English teachers and students at the university level. The results showed that students became more interested and active when English lessons were linked to legal topics that they could understand.
Implementasi Nilai-Nilai Pancasila Dalam Mengatasi Ketimpangan Keadilan Digital Di Era Teknologi Indonesia Rahayu, Setyaning; Saputra, Helmi Rizkih; Sunaryo, Sidik
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 implementation of Pancasila values in addressing digital justice inequality in Indonesia within the context of the modern technological era. Digital disparities covering unequal access to technology, gaps in digital literacy, and uneven infrastructure development have generated social inequalities that conflict with the fundamental principles of Pancasila, particularly the fifth principle concerning social justice for all Indonesians. Employing a qualitative approach through literature analysis, this research examines how Pancasila can serve as a philosophical foundation for fostering equitable digital justice. The findings demonstrate that Pancasila values may function as an ethical framework for reducing digital inequality through a holistic strategy encompassing equal access to technology, the enhancement of digital literacy grounded in Pancasila values, and the promotion of equitable infrastructure development. This study contributes theoretically to the discourse on technology and Pancasila philosophy while also offering practical recommendations for policymakers in advancing digital justice in Indonesia.
Upaya Pencegahan Dan Penindakan Transaksi Narkotika Oleh Narapidana Di Lingkungan Lembaga Pemasyarakatan Anisa, Jenny; Dewi, Erna; Putri, Ria Wierma; Maroni, Maroni; Siswanto, Heni
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The surveillance system in correctional institutions plays an important role in suppressing drug trafficking, given that around 40% of drug abuse cases in Indonesia occurred in prisons and detention centres in 2023. This study analyses the effectiveness of surveillance and law enforcement and identifies the main challenges in eradicating drug abuse. The methods used were literature review and secondary data analysis from official government reports. The findings show that manual surveillance is still prone to collusion, while the use of technology such as CCTV, electronic monitoring, and sniffer dogs can reduce smuggling by up to 25% in priority prisons. The main obstacles include budget and infrastructure limitations, especially in class II and III prisons. Inter-agency synergy has proven to increase effectiveness, with more than 150 narcotics cases uncovered throughout 2023, while a rehabilitative approach has reduced recidivism by up to 15%. This study recommends strengthening regulations, increasing human resource capacity, and integrating technology and intelligence as sustainable strategies to eradicate narcotics in prisons.
Penegakan Hukum Dan Stigma Sosial Terhadap Anak Sebagai Pelaku Penyalahgunaan Narkotika Di Indonesia Irma Nur Amanda; Dewi, Erna; Putri, Ria Wierma; Maroni, Maroni; Siswanto, Heni
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Restorative justice is an important approach in handling cases of drug abuse by children as an alternative to the repressive judicial system. This study analyses the effectiveness of its application in rehabilitation, education, and social reintegration, as well as identifying obstacles in the field through literature review and secondary data. The results show that diversion mechanisms and community-based rehabilitation programmes can reduce recidivism and social stigma. However, their implementation is still hampered by a lack of rehabilitation facilities, insufficient training for officials, and social stigma. Restorative justice has proven to be relevant for child protection, but requires stronger regulations, increased human resource capacity, and cross-sector collaboration to achieve sustainable results.
Kajian Muatan Undang-Undang Pers Dan Undang-Undang Informasi dan Transaksi Elektronik Pada Aspek Kebebasan Berpendapat Bagi Jurnalis: (Studi Muatan Pasal 15 ayat (2) huruf d UU Pers dan Pasal 27 ayat (3) UU ITE 2008 Serta UU ITE 2016) Diniroja, Syahda Aneira; Kartika, Adhitya Widya
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Journalistic activities now largely take place through digital media, giving rise to a dilemma between the application of the Press Law or the 2008 ITE Law and the 2016 ITE Law. In fact, the 2021 Joint Ministerial Decree on the ITE Law has confirmed that the Press Law is lex specialis. This study aims to examine the scope of the Press Law and the ITE Law in facing the development of digital media, as well as to analyse the construction and harmonisation of the law to maintain press freedom. The study uses a normative juridical method with a legislative and conceptual approach. The results show that the two regulations are not yet fully able to keep up with changes in the digital media landscape. There is a conflict of norms between Article 15 paragraph (2) letter d of the Press Law and Article 27 paragraph (3) of the ITE Law, thus requiring legal harmonisation. Harmonisation can be carried out without amending the Press Law, but by revising the ITE Law to add an exception clause for press products published digitally.
Pelaksanaan Pemeriksaan Setempat Dalam Penyelesaian Perkara Perdata Permohonan Pengampuan Di Pengadilan Negeri Malang Kelas IA Diny Utari, Nathaza; Purwanto, Aldira Mara Ditta Caesar
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

On-site inspections are a supporting instrument of evidence that allows judges to see the subject matter of the case firsthand. In practice, these inspections are not only applied to civil lawsuits, but also to guardianship cases. The purpose of guardianship is to protect the civil rights of adults who are deemed legally incompetent. One example is case No. 156/Pdt.P/2024/PN Mlg. Although the applicant had fulfilled the evidence requirements under Article 164 of the HIR and Article 1866 of the Civil Code, the judge still recommended an on-site inspection because the available evidence was deemed insufficient to form a legal conviction. This study uses an empirical method through interviews with judges and court clerks at the Malang Class IA District Court. The results of the study show that on-site inspections serve to directly confirm the facts of the prospective ward's condition and strengthen the written evidence. These findings confirm that although it is not classified as formal evidence, on-site inspections play an important role in ensuring the objectivity of guardianship appointments and protecting vulnerable groups in accordance with the principles of justice and legal certainty.
Tinjauan Yuridis Terhadap Praktik Perjanjian Sewa Pacar Dalam Perspektif Kebebasan Berkontrak Maulana Gibran, Ryan; Mara Ditta Caesar Purwanto, Aldira
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The advancement of digital technology has encouraged the emergence of new social practices in Indonesia, including the phenomenon of boyfriend rental services adapted from Japan (Rentaru Kareshi). This study analyzes the application of the principle of freedom of contract within such rental arrangements and assesses their validity based on Article 1320 of the Indonesian Civil Code. The research employs a normative juridical approach through statute and conceptual analyses, using data sourced from legislation, legal literature, academic journals, and other relevant materials. The findings show that boyfriend rental agreements are formed between users and service providers through digital platforms. Although Article 1338 of the Civil Code recognizes freedom of contract, this freedom is not absolute and remains limited by statutory provisions, propriety, and public order. Boyfriend rental agreements fail to meet the requirement of a lawful cause under Article 1320 because they contradict prevailing legal and religious norms in Indonesia. Romantic engagements have no firm legal basis and are considered inconsistent with religious values, particularly Islamic teachings that prohibit activities leading to immoral conduct.
Tinjauan Yuridis Pengusaha yang Menolak Permohonan Pensiun Dini Pekerja dalam Perspektif Regulasi HAM Nasional Adinda Rizqy Amalia; Wahyudi, Eko
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Every human being has fundamental rights from birth, including the right to life and work. Work is a means for individuals to sustain their livelihood and achieve personal goals. Upon achieving these goals, some workers choose to apply for early retirement. However, requests for early retirement are often rejected by employers, which can be considered a violation of human rights, particularly workers' rights to fair treatment at work. This study aims to legally analyse the rejection of early retirement by employers based on national human rights regulations using qualitative methods. Based on national regulations, such rejection, especially if stipulated in government regulations, collective labour agreements, or employment agreements, has the potential to violate workers' human rights, such as the right to personal freedom, the right to improve their standard of living, and the right to self-development.
Peranan Hakim Sebagai Mediator Dalam Penyelesaian Perkara Wanprestasi Perjanjian Kerjasama Investasi Tanah Melalui Mediasi Di Pengadilan Negeri Malang Kelas IA Fauziyah Salsabila Alfiani Putri, Ni'matul; Mara Ditta Caesar Purwanto, Aldira
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Mediation is a mechanism for resolving civil disputes through a negotiation process facilitated by a mediator to reach an amicable agreement between the parties. In the Indonesian legal system, mediation has become an integral part of the civil justice process as a mandatory stage prior to litigation. This study aims to analyse the role of judges as mediators in breach of contract cases, identify the obstacles encountered, and the efforts made in the mediation process. The type of research used is empirical legal research, with data obtained through interviews with judges and deputy court clerks as well as direct observation at the Malang Class IA District Court. The results of the study show that the role of judges as mediators is very significant in encouraging the peaceful resolution of disputes. This is evidenced by case study No. 59/Pdt.G/2024/PN Mlg, in which mediation successfully resulted in a peaceful agreement as outlined in a settlement deed. The main obstacles faced include low legal awareness and a lack of good faith on the part of the parties. To overcome this, judges implemented strategies such as encouraging open communication, using an empathetic approach, and utilising the professionalism of certified mediators.
Dinamika Pembuktian Dan Penjatuhan Hukum Dalam Kasus Kekerasan Seksual Anak Apsari, Raditya Dihyan; Zuhda Mila Fitriana
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Sexual violence against children is classified as an extraordinary crime because, in addition to violating the law, it also destroys human values. Children as victims are in a very vulnerable position, both physically and psychologically, so the criminal justice system must provide maximum protection through a fair trial and sentencing process. This study examines Decision No. 254/Pid.Sus/2023/PN Mks, in which the panel of judges acquitted the defendant in a case of sexual violence against children. The aim is to assess the extent to which the system of evidence and the judges' considerations reflect the principles of substantive justice and victim protection. Using a legal-normative method and a descriptive-analytical approach, the results of the study show that the evidence in this case is still formalistic, relying on conventional evidence and ignoring the psychological vulnerability of the victim. In fact, Law No. 12 of 2022 on Sexual Violence Crimes emphasises that the victim's testimony accompanied by psychological evidence can stand as valid evidence. These findings confirm the need to reformulate the approach to evidence and punishment so that law enforcement officials do not only focus on legalistic aspects but also guarantee the restoration of victims' rights and protection for vulnerable groups.

Page 8 of 9 | Total Record : 84

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