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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 94 Documents
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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.
Tinjauan Yuridis Prinsip Pemilik Manfaat (Benefit Ownership) Dalam Hukum Pidana Korporasi Akmal; Abdaud, Faisal; Huzaiman
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In the era of globalisation, corporations are often involved in criminal acts such as corruption and money laundering, making it important to understand the role of beneficial ownership principles in corporate criminal law in Indonesia. This study aims to analyse the application of beneficial ownership principles, the challenges faced, and their implications for accountability and transparency in corporate governance practices. This study uses a normative research method with a legislative and conceptual approach. The results show that although Presidential Regulation No. 13 of 2018 requires the disclosure of beneficial owners, there is still ambiguity in the definition and a lack of strict sanctions that hinder the effective application of this principle. Identifying beneficial owners can increase transparency and accountability, but challenges in law enforcement remain, including complex ownership structures that make it difficult to identify responsible individuals. This study recommends legal reforms to strengthen corporate responsibility and improve law enforcement understanding of the application of the beneficial ownership principle.
Faktor Penolakan Berulang Dalam Hubungan Biologis Sebagai Penyebab Perceraian Analisis Putusan Di Pengadilan Agama Medan (2021-2023) Muhyiddin, Mhd. Ibnu Imam; Imam Yazid
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Divorce is a social phenomenon that continues to increase, including in the Medan Religious Court, with multidimensional causes. One influential factor that is often overlooked is the quality of biological relationships (emotional support) within the household. This study aims to analyse the influence of biological relationships on divorce, identify the forms of biological problems in divorce cases, and explore the perceptions of judicial officials on divorce cases at the Medan Religious Court during the period 2021-2023. The method used is a legal-empirical study with a descriptive-analytical approach through document analysis of 130 divorce cases and interviews with judges and court clerks. The results of the study show that 22.3% of divorce cases are related to biological problems, either explicitly or implicitly, mainly in the form of lack of intimacy, refusal of sexual relations, and sexual dysfunction. These problems trigger domestic conflicts and contribute significantly to divorce. These findings emphasise the importance of biological relations in maintaining the integrity of the household in accordance with Islamic law and legislation. Therefore, it is necessary to strengthen premarital education, family counselling, and judicial mediation that take into account biological needs as a means of preventing divorce.
Analisis Yuridis Kepemilikan Hak Milik Oleh Warga Negara Asing Berdasarkan Wasiat (Studi Putusan Mahkamah Agung Nomor 1134/Pdt/2009) Agnestisya Ningrum, Putri; Akib, Ma’ruf; Umar, Wahyudi
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study analyzes the Supreme Court Decision Number 1134/PDT/2009 which examines the validity of ownership of land titles where the recipient is known to be a foreign citizen based on a will. This issue is important because it concerns the principle of nationality in Indonesian agrarian law as well as the limitations of the legal subject of property rights holders. The purpose of the study is to examine the legal considerations of Supreme Court judges, the conformity of decisions with the Basic Agrarian Law, and its juridical implications on the practice of transfer of rights through wills. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case approach. The results of the study show that the Supreme Court affirmed the prohibition of ownership of property rights by foreign citizens, even if obtained through a will, and emphasized the legal consequences in the form of nullity for the sake of law or the obligation to relinquish rights. This ruling strengthens the principle of nationality and provides legal certainty in the regulation of land ownership in Indonesia.
Tinjauan Yuridis Tentang Perlindungan Hukum Bagi Korban Kejahatan Siber Di Indonesia Fitra, Muhammad; Kamaruddin; Dagani, Gamlan
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

The development of digital technology in Indonesia has brought significant changes in social and economic interaction patterns, but it has also led to an increase in cybercrime, which has a serious impact on victims. This study aims to analyse the national legal framework related to the protection of victims of cybercrime and assess the effectiveness of access to justice and electronic evidence in the Indonesian legal system. The method used is normative legal research with a statutory and conceptual approach, as well as analysis through grammatical, systematic, and teleological interpretation of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law No. 27 of 2022 concerning Personal Data Protection, and Law No. 31 of 2014 concerning Witness and Victim Protection. The results of the study show that although victim protection has been regulated normatively, its implementation is still not optimal due to weak institutional coordination, limited digital forensic resources, and a lack of legal standards for electronic evidence processes. It is important to strengthen regulations, improve law enforcement capacity, and apply digital restorative justice to ensure the full restoration of victims' rights.
Efektivitas Perlindungan Hak Kekayaan Intelektual Dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Ferry, Muhammad
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 the effectiveness of Law Number 28 of 2014 on Copyright in addressing book reproduction practices as part of protecting citizens’ intellectual property rights. The research aims to assess the practical effectiveness of the law, identify factors influencing its implementation, and formulate strategies to strengthen legal protection. An empirical legal method with a sociological approach is employed, viewing law through community practices and the performance of enforcement institutions. The findings indicate that book reproduction constitutes copyright infringement when it is conducted for economic gain. Although the law is normatively adequate, its implementation remains suboptimal due to inconsistent enforcement actions and limited public outreach by the government. Infringement is also influenced by low legal awareness, a preference for photocopied books driven by affordability, and insufficient understanding of the legal consequences of copyright violations. This study underscores the need to strengthen law enforcement, expand continuous public education, and improve inter-agency coordination to enhance effective copyright protection, particularly for authors and creators
Penjatuhan Pidana Bagi Pelaku Tindak Pidana Pelecehan Seksual Fisik (Studi Putusan Nomor 533/Pid.B/2024/Pn.Sda) Diah Rahmania Arofah; Yana Indawati
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Criminal acts, as a general concept, encompass various crimes, including sexual violence, which often occurs in social life. These crimes are a concern because they constitute serious violations of human values and individual rights, and are even categorized as crimes against humanity in international law. Sexual violence can take many forms, including sexual harassment, which can affect anyone, although women are often the most vulnerable group to this violation. This study aims to explain the fulfillment of the elements of the crime of physical sexual harassment and the basis of consideration used by judges in imposing criminal penalties in Decision Number 533/Pid.B/2024/PN.Sda. This study is normative juridical in nature, using secondary data with qualitative processing, as well as a legislative, case, and conceptual approach. The results of the study show that the perpetrator was found guilty as charged by the public prosecutor, but not in accordance with the principle of lex specialis derogate legi generalis because the judge disregarded the specific rules. The study also reveals the judges' considerations, both legal and non-legal, in determining the severity of the punishment in the verdict.
Kedudukan Perjanjian Pra-Nikah Sebagai Pemisah Atas Harta Pribadi Dengan Harta Bersama Dalam Usaha Perseroan Terbatas (PT) Pinareswati, Shafira Tri; Mila Fitriana, Zuhda
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In general, a Prenuptial Agreement is an agreement made before a marriage takes place. In carrying out a Prenuptial Agreement, both parties are not yet husband and wife. In accordance with agreements in general, a Prenuptial Agreement has legal force and regulations that must be obeyed by the parties during the marriage. Regarding the contents of the Prenuptial Agreement, it is adjusted to mutual agreement. As someone who works in the Limited Liability Company sector chooses to use a Prenuptial Agreement to separate personal assets from joint assets. The results of this study discuss the position of a prenuptial agreement to protect assets during marriage, as well as analyzing prenuptial agreements to minimize unwanted risks.

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