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All Journal Jurnal Daulat Hukum Jurnal Akta International Journal of Law Reconstruction The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Media Akademik (JMA)

Achmad Sulchan

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Author-ID : 2444007

Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

Published : 36 Documents Claim Missing Document

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Articles

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Application of Double Track System Model Against Applicants of Narcotics Abus Tony Andri Dwi Ermawan; Ira Alia Maerani; Achmad Sulchan
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.133-141

The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.

The Application of Principle of Mistake as Legal Liability on the Criminal Theft Muhammad Heriyansyah; Amin Purnawan; Achmad Sulchan
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.92-98

This study aims to determine the application of the principle of error as legal responsibility for the crime of theft in the Tanjungpinang District Court Decision. By using a normative juridical approach that is descriptive analytical. The results of the study showed that the application of the principle of guilt as absolute liability in criminal law as the basis for imposing a crime, the defendant was proven unlawfully against the law in violating the material elements of Article 363 paragraph (1) 3 and 4 of the Criminal Code. So the form of error committed by the defendant if qualified is intentional. Deliberately can mean deliberately to do something and deliberately not to do something that should be done.

The Environmental Law Enforcement In The Crime Of Forest Damage Erlia Hendrasta; Achmad Sulchan
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

This study aims to determine and analyze environmental law enforcement in criminal acts of forest destruction during the Covid-19 pandemic. The approach method used is normative juridical research. The results of the study show that although the Covid-19 pandemic period is also very influential, the law enforcement process must still be carried out. One of the policies adopted by using teleconference technology. Not all trials are held virtually, the judge chooses and determines which cases can be carried out via video conference. For cases that are easy to prove, such as narcotics arresting hands, carrying sharp weapons and others. But for cases such as cases of fraud, murder and others held face to face. Virtual hearings are more suitable for reading indictments or charges. Meanwhile, the examination of witnesses is carried out face-to-face.

Criminal Aspects For Legal Processing On Persons Abuse Of Illegible Drugs Yanto Mulyanto P; Achmad Sulchan
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.

Legal Protection Of Victims In The Crime Of Rapes Evi Yulianti; Achmad Sulchan
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to identify and analyze the legal protection of victims in the crime of rape, and to identify and analyze the obstacles and solutions to the legal protection of victims in the crime of rape. This study uses a normative juridical approach, which in this case relates to the legal protection of victims in the crime of rape with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using law enforcement theory, legal certainty and Islamic justice theory. The results of the study concluded that the protection of victims of the crime of rape in addition to experiencing physical suffering also experienced psychological suffering which took a long time to recover. Considering that the suffering experienced by the victims of the crime of rape is not light and it takes a long time to recover, the law enforcement officers are obliged to provide protection for the victims of the crime of rape. The obstacles that arise in the legal protection of the rights of victims in the process of resolving criminal cases: a) The criminals themselves, where the perpetrators of the crime are very good at committing crimes so that they are not caught or not caught; b) The attitude of the community, where the attitude of the community is indifferent in dealing with crimes that occur in their environment, so that people are less sensitive in dealing with crimes that occur; c) The compensation given by the perpetrator to the victim is not in accordance with what the victim expects because of the economic limitations of the perpetrator of the crime; d) For immaterial losses in criminal cases it cannot be done. The solution to the legal protection of victims in the crime of rape is the rehabilitation of victims of the crime of rape.

Process of Resolving Cases of Traffic Violations which Resulted Death Hendri Listiawan Nugroho; Achmad Sulchan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

A traffic violation is an act that is contrary to traffic and/or its implementing regulations, which may or may not cause loss of life or property as well as security, order and smoothness of traffic (kamtibcarlantas). This writing aims to identify and analyze the process of resolving cases of traffic violations that cause people to die based on, constraints, and solutions in solving cases. The approach method used is a sociological juridical approach. The research specification used is descriptive analysis, primary and secondary data sources and uses qualitative analysis. This writing is analyzed with the theory of justice and the theory of legal certainty to answer the problem. The process of settlement of cases is carried out in accordance with the criminal procedure law as regulated in the Criminal Procedure Code (KUHAP), starting from investigations, investigations, prosecution by the Public Prosecutor, and trials in court where criminal decisions are subsequently sentenced to the perpetrators. The obstacles faced include: inadequate infrastructure, lack of human resources, lack of coordination between the police and prosecutors, lack of public legal awareness, and lack of compliance with legal rules by the community. The solutions applied were in the form of: completing the facilities and infrastructure, improving the quality of human resources, improving coordination between the police and prosecutors, holding outreach to the public.

The Law Enforcement On Phornographic Cases Nanda Setya Laksana; Achmad Sulchan
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

This study aims to determine the form of law enforcement against pornography in the investigation process as well as to find out the obstacles faced and provide solutions in overcoming the crime of pornography according to Act No. 44 of 2008, and also to find out the judges' considerations in deciding criminal cases of pornography in the Jepara District Court with case number 138/Pid.B/2018/PN.Jpa, and to find out the law enforcement of pornography crimes based on Act No. 44 of 2008 concerning pornography. This research was carried out at the Jepara District Court. To achieve the objectives of the study, the researchers used data collection methods: interview methods, library methods, and data analysis methods related to the discussion being studied. The conclusion of this research isBased on the facts revealed at the trial, the defendant has been proven to have fulfilled all the elements of the article and in the trial there were no things that could abolish the crime, both justifying reasons and excuses, while for the philosophical and sociological aspects, what was considered by the Panel of Judges was because The defendant's actions violated the norms of decency in society. So that the sentence is very appropriate to be handed down to the defendant so that there is a sense of justice in the community.

Implementation of Diversion against Criminal Conduct of Narcotics Conducted by Children Heru Pramu Apriliyanto; Achmad Sulchan
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

The aim of this research is To know and analyze application of diversion to offenders of narcotics crimes committed by children in law enforcement construction at the Cirebon City Police Drug Research Unit. To find out and analyze what factors are the obstacles application of diversion to offenders of narcotics crimes committed by children in law enforcement construction at the Cirebon City Police Drug Research Unit and the solution. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research interviews with investigators at the Cirebon City Police Drug Research Unit. The results of this study are Application of Diversion Against Perpetrators of Narcotics Offenses Committed by Children in Law Enforcement ConstructionIn the Drug Research Unit of the Cirebon City Police, namely: a) Diversion is carried out by the investigator with the perpetrator/victim and/or his family, community counselors, and involving community leaders. Diversion is carried out by deliberation or mediation which results in a diversion agreement. b) After the Investigator issues the Investigation Termination Order, the Minutes, Diversion Agreement and the Decision of the Head of the District Court are copied to the Public Prosecutor as the basis for the Public Prosecutor to return the SPDP, so that the case becomes inkracht.Barriers: a) Legal Substance Factors b) Legal culture factors c) Community Factors d) Law Enforcement Factors e) RPK Facilities and Infrastructure Factors. Solutions: a) Develop a work plan and maximize the performance of each investigator in handling child cases. b) Establishing Intensive Communication with other Law Enforcement Officials. c) Holding Diversion Socialization among the Community d) Making an Agreement on Supervision of the Implementation of the Diversion Agreement Results. e) Optimizing facilities and infrastructure.

Judges Considerations of Criminal Acts Conducted By Adult against Children Siska Septiyanti; Achmad Sulchan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Children are one of the assets of national development, which should be considered and taken into account in terms of quality and their future. Without reliable quality and a clear future for children, national development and the fate of the nation will be difficult to imagine. Children, as heirs and holders of the fate of the nation, also determine the pace of the national development process in all fields. The formulation of the problem is 1) How is the Law on Judicial Power in making considerations? 2) How to overcome the obstacles and solutions given by the Judge in giving consideration to the crime of decency committed by adult men against children? The method used is juridical normative. The results of this study are: (1) The judges' consideration of decency crimes committed by adult men against minors in the decision of the Temanggung District Court Number: 53/Pid.Sus/2019/PN TMG has paid attention to the basis for judging, the basis for deciding, and values who live in society, then have considered juridical considerations. (2) Overcoming obstacles and solutions given by judges in giving consideration to crimes of decency committed by adult men against children.

The Law Enforcement against Justice of Criminal Thicking Nurokhid Nurokhid; Achmad Sulchan
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to find out and analyze law enforcement against the perpetrators of criminal theft in Kendal Police, to analyze the factors that influence law enforcement against perpetrators of criminal acts of theft at Polresrang, obstacles that arise in the process of enforcing criminal acts of theft at the Police. Kendal with justice and efforts to overcome it the approach method used is sociological juridical method, the specification in this research is descriptive analytical. The results of the research are that in carrying out law enforcement refers to the Criminal Procedure Code and the Criminal Code and the National Police Perkap No. 6 of 2019 concerning criminal investigation, and Perma No. 2 of 2012 regarding the adjustment of the limitations of minor crimes and the amount of fines in the Criminal Code, the application of criminal acts against theft. Factors affecting law enforcement against the perpetrators of criminal theft at the Kendal Police are just. The obstacles faced are slow reports from the public to the authorities, damage to the crime scene/crime scene, lack of awareness of the public to be witnesses, lack of personnel from members of the police in conducting investigations, lack of necessary facilities and infrastructure such as less sophisticated equipment.

Co-Authors Akhmad Khisni Amin Purnawan Anis Mashdurohatun Antoni Muhamad Nur Cahyo Aris Sophian Bambang Tri Bawono Cahyo Dwi Prakosa Davit Hari Sanjaya Desi Ana Yustianita Eko Soponyono Soponyono Erlia Hendrasta EVI YULIANTI Hari Condro Wibisono Hendri Listiawan Nugroho Heru Pramu Apriliyanto Ida Musofiana Ira Alia Maerani Ismi Hardiyanti Jawade Hafidz Jeifson Sitorus Karsono Karsono Medina Praba Andini Miky Syamtoro Aji Yani Muhamad Rasis Alwafi Muhammad Heriyansyah Muslich Ashari Najmi Amudy Nanda Setya Laksana Nola Nurromah Nur Amanah Amanah Nurokhid Nurokhid Raitno Raitno Reza Wahyudi Risqi Akbar Siska Septiyanti Sisno Pujinoto Sri Kusriyah Sujatmika Sujatmika Sulistiyawan Doni Ardiyanto Supriyanto . Tifan Nazida Titi Resmiyanti Tony Andri Dwi Ermawan Umar Ma'ruf Wilmar Ibni Rusydan Yanto Mulyanto P Yheni Dwi Sukmawati Zakki Mubarok

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