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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (410.578 KB) | DOI: 10.30659/ldj.2.3.441-448

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.016 KB) | DOI: 10.30659/ldj.3.3.555-563

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (722.362 KB) | DOI: 10.30659/ldj.3.1.52-60

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.249 KB) | DOI: 10.30659/ldj.2.3.360-367

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.745 KB) | DOI: 10.30659/ldj.2.4.582-590

Abstract

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.
Legal Protection Of PPAT Deeds After The Expansion Of The Regency Of Konawe District And South Konawe District Raitno Raitno; Achmad Sulchan
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (804.447 KB) | DOI: 10.30659/sanlar.2.3.246-260

Abstract

The research objective to be achieved in this research is to explain the Legal Protection of Land Deed Making Officials (PPAT) based on Government Regulation Number 37 of 1998 concerning Land Deed Making Officials. This research uses empirical juridical research method.Based on the research, it is concluded that the Land Deed Making Official (PPAT) is a General Official who has the authority to make Transitional Deeds of Land, namely buying and selling, exchanging, grants, income into the company (inbreng, sharing of joint rights, granting Building Use Rights / Hak Pakai over Hak Milik land, granting Mortgage Rights, granting power to grant mortgages based on Article 2 paragraph (1) Government Regulation Number: 37 of 1998 concerning Land Deed Making Officials.
The Settlement of Criminal Actions of Traffic Accidents with Child Performers Yheni Dwi Sukmawati; Bambang Tri Bawono; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.423-430

Abstract

The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.
The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding Risqi Akbar; Sri Kusriyah; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.381-388

Abstract

The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
The Law Enforcement Policy On Traffic Accident By Police Cahyo Dwi Prakosa; Umar Ma'ruf; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.347-354

Abstract

The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.
PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN ONLINE YANG DI LAKUKAN OLEH ANAK (Studi Studi Kasus Polrestabes Semarang ) Reza Wahyudi; Achmad Sulchan
Jurnal Ilmiah Penelitian Mahasiswa Vol 2, No 1 (2023): Maret 2023
Publisher : Jurnal Ilmiah Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.132 KB)

Abstract

Penelitian ini membahas tentang penegakan hukum tindak pidana perjudian online yang di lakukan oleh anak di Polrestabes Semarang’’. Penelitian ini dilatarbelakangi banyaknya kasus tindak pidana perjudian yang dilakukan oleh anak sehingga perlu untuk diketahui bagaimana penegakan hukum pidana anak pelaku tindak pidana perjudian online serta kendala dan solusi Polrestabes Semarang dalam menanggulanginya.Penelitian ini bertujuan untuk mengetahui bagaimana upaya penanggulangan tindak pidana perjudian online yang dilakukan anak di Polrestabes Semarang dan bagaimana kendala dan solusi penanggulangan tindak pidana perjudian online yang dilakukan anak di Polrestabes Semarang. Metode penelitian yang digunakan dalam penulisan ini adalah penelitian hukum yuridis sosiologis. Penelitian hukum Yuridis adalah penelitian yang fokus pada kajian tertulis yaitu dengan cara meneliti bahan pustaka, peraturan perundang undangan, keputusan pengadilan maupun teori hukum yang berkaitan dengan permasalahan yang diteliti. Sedangkan penelitian hukum sosiologis adalah suatu penelitian yang dilakukan oleh penulis secara langsung di lapangan yaitu dengan melakukan wawancara dengan pihak Polrestabes Semarang sebagai pihak yang berwenang melakukan fungsi kepolisian di Kota Semarang. Berdasarkan Hasil Penelitian Penegakan Hukum Terhadap Tindak Pidana Perjudian Online yang dilakukan oleh anak di Polrestabes Semarang diketahui bahwa penegakan hukum yang dilakukan oleh Polrestabes Semarang terhadap perjudian yang dilakukan oleh anak dengan cara preventif, akan tetapi kasus perjuadian yang dilakukan oleh anak di proses menggunakan Undang-Undang No 11 Tahun 2012 Tentang Sistem Peradilan Anak, namun terlebih dahulu dilakukan upaya hukum dengan menerapkan Keadilan Restoratif, dan kendala yang dihadapi adalah anggota kepolisian Polrestabes Semarang masih kekurangan peralatan teknologi dalam menangani kasus perjudian online yang dilakukan anak serta solusi dalam menanggulangi perjudian online yang dilakukan anak menggunakan metode preventif dan represif Kata Kunci : Perjudian, Online, Anak,Tindak pidana,Perjudian Online