Article Per Year (5 Year)
p-Index From 2021 - 2026
2.906
P-Index
This Author published in this journals
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
Unknown Affiliation
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
Claim Missing Document
Check
Articles

Found 36 Documents
Search

 1   2   3   4 
Investigation Process Traffic Accident Offenders Of Minors The Police Resort Kebumen Hari Condro Wibisono; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5672

Abstract

Often Traffic accidents occur in people's lives, even the culprit is Often a minor. This is due to lack of legal awareness and supervision from parents so that children are allowed to drive motorized vehicles before having a driver's license. As a knife of analysis, the theory of restorative justice and the theory of legal certainty are used. The results of the study Showed that the investigation process towards traffic accident underage perpetrators at the Kebumen Resort Police was in accordance with the provisions of the Criminal Procedure Code and Act Number 11 of 2012 concerning the Child Criminal Justice System. Factors causing traffic accidents with child offenders in the Kebumen Resort Police are dominated by human factors items, namely due to negative attitudes and behaviors of the Offender, Negligence (carelessness) in driving, lack of knowledge of the Offender in traffic and parents the perpetrators. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays.Keywords: investigation; traffic accident; children
Policy Termination Of Alleged Crime Investigation In Polres Semarang Jeifson Sitorus; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8397

Abstract

Police as investigators are authorized to terminate the investigation on the grounds as stated in Section 109 subsection (2) Criminal Procedure Code. In practice, there are crime that have been conducted the investigation found sufficient evidence and suspects, but in fact people who feel harmed (victim) had not wanted the case was brought to trial. This study aims to determine the termination of the investigation policy implementation alleged criminal act in Police Semarang, barriers faced by investigators in the implementation of the termination of the investigation alleged criminal act and analyze the implementation of the termination of the investigation policy alleged criminal act that should be implemented Police. The method used is the juridical sociological with descriptive analytical research specifications. The data used are primary data and secondary data and methods of data collection through field studies and literature. Data analysis method used is qualitative analysis. The results showed that the implementation of the policy of the termination of criminal case investigation in Police Semarang conducted through restorative justice as set out in the SE Chief of Police No. SE / 8 / VII / 2018 so it does not conflict with the provisions of the law. The obstacles faced by investigators in the implementation of the termination of criminal case investigation in Police Semarang consists of internal resistance and external obstacles. As for the implementation of the policy termination criminal case investigation should be carried out in accordance with the provisions of the Police should be legislation that exists, procedural, professional, justice and uphold human rights. Reason for ending the termination of the investigation should be based on the existing Article 109 (2) Criminal Procedure Code and restorative justice with the procedures and provisions stipulated in SE Chief of Police No. SE / 8 / VII / 2018 and the Regulation No. 6 of 2019 concerning the Crime Investigation.Keywords: Termination Of Investigation; Alleged Criminal Act. 
Judgment Considerations Policy In Decree Of The Court Criminal Statement Based On Criminal Destination Sulistiyawan Doni Ardiyanto; Eko Soponyono Soponyono; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8409

Abstract

Crime theft is usually influenced by several factors, such as livelihoods with neatly organized networks or syndicates or some that do so due to economic pressures that force the offender to commit the crime because in his mind there is no longer a way out other than stealing. The formulation of the problem in this research is What is the judge's judgment policy in deciding cases of theft based on criminal destinations in the Draft Law of the Criminal Code, and in Act No. 48 On judicial power ?. The method of approach used is sociological juridical. This type of research is descriptive method. Source of data used from primary and secondary data. In this case the judge in providing a criminal decision must provide the benefit of the convicted person to undergo his conviction and life after leaving the prison to return to the community again. Because the provision of an unfair criminal will affect the survival of the convicted person. The purpose of punishment is as a judge's consideration in deciding the theft of criminal case which is supported by a juridical element in Article 56 of the Criminal Code Bill, and Act No.48 of 2009 On Judicial Power in Article 5 paragraph (1) and Article 8 paragraph (2).Keywords: Judge's Considerations, Theft of Crimes, Criminal Purpose.
Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal Sisno Pujinoto; Anis Mashdurohatun; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.10085

Abstract

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological 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 which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
Criminal Sanctions On Illegal Logging Crime In State Court Of Semarang Muslich Ashari; Amin Purnawan; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8346

Abstract

The formulation of the problem discussed in this study were (1). How settings Criminal Law on Illegal logging?, (2). How Judges consideration in decisions on Illegal logging in State Court of Semarang?. (3). Are the constraints faced by the judge in deciding the case of Illegal logging?.This research used socio-juridical legal research, research data was taken by interview with the respondent judges handling crime of Illegal logging State Court of Semarang. This research use Qualitative analysis techniques.Conclusion of this study is illegal logging is a special crime and therefore their specific legislation governing of illegal logging, in Act No. 18 of 2013 on Combating And Preventing The Destruction Of Forests set of sanctions for Illegal logging in the form of punishment imprisonment for the perpetrators in the form of a sentence of imprisonment and fines, consideration of Judges in deciding the case of Illegal logging legally is appropriate that the elements are there that the perpetrator does not have a valid license from the clerk to do cutting trees in the forest area of Silayur, Judge obstacle in deciding the case of Illegal logging in the form of difficulties in distinguishing between illegal logging carried out by individuals and corporations, lack of special education for judges to handle crime of Illegal LoggingKeywords: Criminal Sanctions; Penalty; Illegal Logging.
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

Abstract

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

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.998 KB) | DOI: 10.30659/ldj.3.2.431-440

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.738 KB) | DOI: 10.30659/ldj.3.3.530-537

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (644.283 KB) | DOI: 10.30659/ldj.3.2.353-361

Abstract

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.
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