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Lex Librum : Jurnal Ilmu Hukum
Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda
ISSN : -     EISSN : 26219867     DOI : https://doi.org/10.46839/lljih
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Published by the Palembang Youth Pledge College of Law (STIHPADA) which aims to be academic media for discussing legal science issues. Contains scientific writing, summaries of research results, book reviews, and ideas. The editorial team invites lecturers, experts, students, practitioners and the public who are interested in expressing their thoughts into scientific writing. Publishing schedule 2 (two) times year in June and December. Submissions must be guided by scientific writing methods and writing instructions as attached.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 12 Documents
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Search results for , issue "Vol. 12 No. 1 (2025)" : 12 Documents clear
CYBER NOTARY MENJADI SOLUSI PROBLEMATIKA PERJANJIAN ENDORSEMENT Prihantiwi, Lidwina Tessa Kurnia
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.502

Abstract

This article aims to identify the issues arising from endorsement agreements made without a Notarial Deed and analyze why many endorsers and endorsees prefer to make such agreements without a Notarial Deed, despite the potential legal problems that may arise. Additionally, the article proposes solutions to address these issues. This study employs a normative juridical approach with a prescriptive nature. The data used are secondary, collected through document and literature studies, with analysis conducted using a deductive method. The research findings reveal two main issues stemming from endorsement agreements made without a Notarial Deed: violations of the principle of freedom of contract and the potential use of such agreements for money laundering purposes. The reasons endorsers and endorsees prefer agreements without a Notarial Deed include the desire for a quick and practical process, while creating an agreement with a Notarial Deed is more time-consuming. Despite the potential issues, such as standardized agreements and the risk of money laundering, endorsers and endorsees continue to choose agreements without a Notarial Deed. To address these issues, the implementation of Cyber Notary is needed in the endorsement agreement process.
KEDUDUKAN HUKUM ADAT SEBAGAI ATURAN HUKUM NASIONAL DALAM SISTEM HUKUM INDONESIA Patricia, Tiara; Gunawan, Chyntia; Selly, Jeane N.
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.828

Abstract

The position of customary law within Indonesia’s legal system remains significant, and various domains of adat law continue to play an essential role in addressing contemporary issues and conflicts in the era of globalization. This article relies primarily on secondary data, gathered through literature review, examination of relevant legal sources, and online research pertaining to the subject matter. The data obtained are qualitative in nature. In terms of its standing, customary law holds an equal place to other legal norms within Indonesia’s legal framework, although its application is limited to Indonesian citizens and it remains unwritten. The 1945 Constitution acknowledges the existence of adat law as an unwritten legal system, yet the state prioritizes statutory written law such as legislation to maintain public order and legal certainty. Certain areas of adat law, such as customary inheritance and land law, remain particularly relevant today. Adat law embodies behavioral norms governing Indigenous Indonesians, is not codified into formal statutes, and carries binding force. In the formation of laws or qanuns in Aceh, legislative bodies are required to consider customary law as it represents the living legal consciousness of the community.
KEWENANGAN NOTARIS UNTUK MEREALISASIKAN HAK CIPTA SEBAGAI JAMINAN KREDIT PERBANKAN DI INDONESIA Prihantiwi, Lidwina Tessa Kurnia
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This article has a main issue regarding the authority of a notary and the obstacles to realizing copyright as a guarantee for bank credit. The purpose of this article is to identify the subject matter of the article. This article is a normative juridical legal research and has a prescriptive nature. The type of data used is secondary. The data collection techniques used were document study and literature study, then the analysis technique used was the deductive method. The results of the research show that the Notary is a public official ordered by the Copyright Law in his role in making an Authentic Deed relating to Copyright as a Fiduciary Guarantee. Notary is a party that reports money laundering in Indonesia. Notaries have various obstacles in exercising their authority. The suggestion from the author is that the President should be able to make a Government Regulation (PP) which regulates the Copyright Assessment guidelines, assessment agencies, types of copyrights that can be used as Fiduciary Guarantee, risk mitigation mandates notaries to encourage the realization of Copyright as Fiduciary Guarantee and provides special trainings for Notaries in the context of realizing Copyright as Fiduciary Guarantee. The Indonesian Notary Association should discuss the issue of Copyright as a Fiduciary Guarantee in its regular Congress so that the Notary, as one of the parties who has the authority to realize Copyright as a Fiduciary Guarantee, can exercise this authority in real terms.
URGENSI PENERAPAN KONSEP OMNIBUS LAW DALAM RANCANGAN UNDANG-UNDANG IBU KOTA NEGARA Hotmauli, Yemima Andria; Kusuma, Nadya Enjelin; Marchelya, Vanya
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.557

Abstract

The plan to relocate the capital city is necessary to address geographic, economic, and social disparities, particularly as 57.4% of Indonesia's population is concentrated on Java, making it more densely populated compared to other islands. The current development, which is heavily centralized on Java, also hampers the equitable distribution of investment and impacts the overall economy. The relocation of the capital requires the implementation of an omnibus law, which consolidates various regulations into a single comprehensive law. The omnibus law aims to simplify and streamline overlapping regulations, especially those related to the capital relocation. This approach is considered effective in simplifying existing regulations, with recommendations for careful restructuring and additions to ensure its proper implementation.
Perlindungan Hukum terhadap warga negara Indonesia yang bekerja di negara asing yang terkena penjatuhan hukuman mati berdasarkan Peraturan Perundang-undangan di Indonesia azahra, sakila nur; Ratna, Yulvita
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

TKI is an abbreviation of Indonesian Migrant Workers.  The title of TKI is given to those who are Indonesian citizens who work abroad.  One person becomes a migrant worker due to the high level of poverty and unemployment in Indonesia and the difficulty of finding jobs in Indonesia.  So that TKI choose to look for work abroad to get a higher income, but on the other hand Indonesian Migrant Workers (TKI) abroad get discriminatory actions by their employers, therefore before working abroad TKI must choose an official PJTKI institution so that  if there is a death penalty case against TKI The government needs legal protection for TKI.  In carrying out its duties and responsibilities to improve efforts to protect Indonesian Migrant Workers abroad who are subject to the death penalty, the Government is obliged to: 1) ensure the fulfillment of the rights of prospective TKI, both those who depart through the executor of the placement of TKI, and those who depart independently, 2) supervise the implementation of the placement.  prospective TKI, 3) establish and develop an information system for the placement of prospective TKI abroad, 4) carry out diplomatic efforts to guarantee the fulfillment of the rights and protection of TKI optimally in the destination country, and 5) provide protection to TKI during the period prior to departure, placement and retirement.  placement (Articles 5 to 7).  So the government must guarantee the rights of all citizens.  In collecting data, this article uses a juridical-normative research method.  This juridical-normative method uses research methods obtained based on library sources in order to obtain results from researching library materials or only secondary materials
Analisis Yuridis Sistem Multi Partai Politik Sebagai Upaya Peningkatan Kualitas Demokrasi Di Indonesia Sabili, Khoiril; Yazwardi, Yazwardi; Afriansyah, Syafran; Rochmiatun, Siti; Utama, Cholidah
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Indonesia as a country adopting a presidential system of government and embracing a multi-party system.According to the 2013 Democracy Index, by 2023, the quality of democracy in Indonesia is still in the category of flawed democracies and not fully democratic. (post democracy). How did he analyze the multi-party political system in an effort to improve the quality of democracy in Indonesia? How is it conceptualized as a state of natural law in Indonesia? Understanding the legal system of the multi-party political system as an attempt to improve the quality of democracy in Indonesia and the conceptualization of the opposition party in the multi -party system on the rule of law in Indonesia. The methods used in research are the historical approach, the comparative approach and the conceptual approach. (conceptual approach). Political scenarios attempt to introduce electoral thresholds, parliamentary thresolds and presidential thresholes in the electoral process, but less effective. Strategic steps to transform the party system into a limited multi-party system and elections into an open semi-district system to enhance the quality of democracy in Indonesia. Regulation of the rules of existence of opposition parties is essential in a democratic system, as an advocate for improving the quality of democracy. The opposition party serves as a supervisor of government policy, provides constructive criticism, and offers policy alternatives.
Tinjauan Umum Mengenai Implementasi Keterbukaan Informasi Publik di Dinas Komunikasi dan Informatika Provinsi Sumatera Selatan Rosalinda, Rosalinda
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1628

Abstract

This study examines the implementation of the Public Information Disclosure Policy (KIP) by the Communication and Informatics Office (Diskominfo) of Palembang City. Using a qualitative approach with purposive sampling, data were collected through interviews, documentation, and online sources, and analyzed through the stages of data collection, reduction, presentation, and conclusion drawing. The results indicate that the implementation of KIP has not been fully effective. Communication, bureaucratic structure, and implementer disposition show relatively good performance, whereas limited human resources and inadequate supporting facilities remain major obstacles. Despite these challenges, efforts to provide public information through social media and the official government website are routinely carried out. The study highlights the need to strengthen human resource capacity and improve supporting infrastructure to enhance the effectiveness of public information disclosure
Analisis Penerimaan Hadiah dan atau Janji Oleh Penjabat Negara Yang Terkategori Gratifikasi Dan Atau Suap Yang Terkagori Tindak Pidana Kesuma, Derry Angling; Amin, Muhammad Nur; Afriani, Kinaria
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1633

Abstract

Gifts and/or promises to state officials that constitute criminal acts of corruption include: Giving gifts or parcels to officials during religious holidays by colleagues or subordinates; Gifts or donations during the wedding of an official's child by colleagues of the official; The provision of travel tickets to officials or their families for personal use free of charge; The provision of special discounts for officials for the purchase of goods from partners; The provision of fees or costs for the hajj pilgrimage from partners to officials; The provision of birthday gifts or gifts for other personal occasions from partners; The provision of gifts or souvenirs to officials during work visits; The giving of gifts or money as a token of gratitude for assistance. The legal basis for gratuities is regulated in Article 12 B of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning criminal acts of corruption. Article 12 B paragraph (1) of Law No. 31 of 1999 Jo. Law No. 20 of 2001. Reporting the receipt of gratuities to the Corruption Eradication Commission (KPK) for recipients of such gratuities is not punishable on the grounds that the unlawful nature of the act has disappeared. Acts of Reporting Gratuities That Can Make a Person Categorised as Not Committing a Criminal Act are when the recipient feels that the gift or gratuity is suspicious, they are obliged to report it to the Corruption Eradication Commission no later than 30 working days from the date the gratuity or gift was given.
Reformasi Hukum Pajak Indonesia Dalam Menghadapi Ekonomi Digital (Studi Atas Nexus Dan Significant Economic Presence) Amalia, Rizki Fitri; Sudarna, Sudarna
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1635

Abstract

The development of the digital economy has fundamentally transformed global economic interactions, enabling foreign digital companies to generate profits from Indonesia without having a physical presence. This situation poses challenges in collecting Income Tax, particularly concerning base erosion and tax leakage. This study aims to analyze Indonesia's tax law reform in strengthening the digital nexus through the implementation of the Significant Economic Presence (SEP) concept and to identify normative and practical obstacles in its implementation. The research employs normative legal methods with statutory, conceptual, and comparative approaches. The results indicate that the SEP broadens the nexus criteria from physical presence to significant economic presence, thereby strengthening Indonesia’s taxing rights and preventing cross-border profit shifting. However, SEP implementation faces normative obstacles, including conflicts with Double Tax Avoidance Agreements (DTAAs), the absence of a global consensus, and limited technical parameters. Practical obstacles include restricted access to transaction data, difficulty in enforcing tax obligations on entities without legal presence in Indonesia, low compliance from digital companies, and limited international cooperation. The study recommends strengthening the legal framework and international harmonization, as well as enhancing digital tax administration capacity through technology and cross-border collaboration.
Penerapan Teori Kriminologi Dalam Penanganan Kejahatan Seksual Oleh Anak Widiyaswara, Riani; Maknun, Luil; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1646

Abstract

This study aims to determine the causes of juvenile delinquency from the perspective of criminological theories. Studies on the theme of juvenile crime are always intertwined, whether the child is in the position of perpetrator, victim or witness. The perspectives used by researchers vary, ranging from substantive law or formal law to other disciplines relevant to legal studies, such as psychology and criminology. Criminology, which examines crime, has a very broad scope, with its subject matter covering crime and criminal behaviour. In this sense, criminology's study of crime is not limited to the act itself, as is the object of criminal law, but also views criminal acts as human behaviour. It even includes the study of social issues that tend to encourage criminal behaviour (criminogenic factors). The research method used was normative legal research using a legislative approach, theories and opinions of experts, and previous research on similar issues. The results of the study showed that criminal behaviour is identical to non-criminal behaviour, because both are learned. Edwin H. Sutherland hypothesised that criminal behaviour is learned through association with those who violate social norms, including legal norms. The understanding that the behaviour of lower-class delinquent children is a reflection of their dissatisfaction with the norms and values of middle-class children, who dominate the cultural values of society. It is recommended that in the future, the process of dealing with children in conflict with the law should involve all parties, from the government, law enforcement officials, the community and families.

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