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Madiasa Ablisar
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PERANAN PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) PERPAJAKAN DAN PENYIDIK POLRI DALAM PENANGANAN TINDAK PIDANA PERPAJAKAN Siti Maimana Sari Ketaren; Alvi Syahrin; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The tax is an important thing as welfare state as one of income source for the increasing of social welfare in a state. Indonesia is one of nation that put tax as one of state income source although it has not yet put tax as one of increasing of society welfare. In the law enforcement process include the tax law enforcement, it always face to criminal justice system. This system is one of system to eradicate the crime in a society. Crimnal justice system has any components, i.e. police, attorney, court, and correctional instituation. In addition to the component of the criminal justice system, there is one specific component for the case of tax, i.e. the civil servant investigator (PPNS) who has responsibility to do the investigation if there is a crime in tax to support the public attorney in handle the tax case. The role of PPNS as instuation out of Police aims to help the task of police in to the investigation that determined in the Crime Procesure Law and Act No. 2 of 2002 concerning to the Police of republic of Indonesia. PPNS or Police must helpot one to the others especially in provide the required information about the crime case to support the crime investigation actually and completely to avoid the intersect of authority in do the investigation that requires the coordination and supervision between the related instituation in enforcement, and socialization of the rule related to the authority in any investigation and to obtain the understanding about the task and authority for each instituation. Through this socialization it will eliminate the gap between the instituation and realize the complete instituation.
PERTANGGUNGJAWABAN PIDANA TERHADAP PERKAWINAN POLIGAMI TANPA PERSETUJUAN ISTRI YANG SAH (STUDI PUTUSAN MAHKAMAH AGUNG NO. 330K/PID/2012) Zaid Alfauza Marpaung; Syafruddin Kalo; Madiasa Ablisar; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal Responsibility is the continuation of reproach objective of the offenses and subjective to a person eligible to be sent to jail for his actions. Criminal Rensponsibility lead to comprehension basically bear the punishment of the perpetrators of criminal acts. Elements of criminal responsibility among others unlawful act, error, delibérate, responsable abilities. Arranged in polygamous marriage law No 1 of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 on The implementation of the law of Marriage and Compilation of Islamic law for the adherents of the religión of Islam. Polygamous marriages that do not meet the requirements as specified by law No 1of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 in The implementation of the law of Marriage and Compilation of Islamic, one of them without the consent of the lawful wife (Study of The Supreme Court Decisión No 330K./Pid/2012) a criminal offensed. Criminal sanctions stipilated in Article 45 letter a Goverment Regulation No 9 of 1975 on The Implementation of the law of Marriage which is the crime of administration and  also subject to the providions of Article 279 paragraph 1 of The Criminal Code which is a crime against civil position. This study was conducted to determine the criminal responsibility of the polygamous marriage without the consent of the legitimate wife (Study of The Supreme Court Decision No 330K/Pid/2012). Type of research is the study of normative. This study uses data collection methods legal literature. Data analysis was done qualitatively, making it easier to analyze the problems which will be discussed later , interpret and draw conclusions. Based of the result obtained can be concluded consideration of the judge to criminal liability study of The Supreme Court Decision No 330K/Pid/2012 polygamous marriage without the consent of the legitimate wife. The judge believes the defendant meets the criminal elements set forth in the provisions of Article 279 paragraph 1 of The Criminal Code and the defendant has meet the elements of criminal responsibility is unlawful act, error, delibérate, responsable abilities.
KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA JUDI ONLINE YANG DILAKUKAN MARKAS BESAR KEPOLISIAN REPUBLIK INDONESIA (MABES POLRI) Maria Margaretta Sitompul; Madiasa Ablisar; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Criminal act of gambling is set up in a variety of regulations in Indonesia, namely Article 303 of the Criminal Code, 303 bis of the Criminal Code, Law no. 7 of 1974 on Gambling Control. In particular online gambling regulated in Article 27 paragraph (2) of the Act ITE. Coverage gambling within the context of Article 27 paragraph (2) of the Act ITE are in the context of Article 303 bis of the Penal Code and Article 303 of the Criminal Code.  In the investigation of online gambling, the investigator based Act ITE and Criminal Procedure Code. Countermeasures of online gambling in penal done with arrest, detention, search and seizure. Countermeasures non-penal done by cyber patroling. There are several inhibiting factors in Countermeasures the crime of gambling online, inhibiting factor in terms of the law, which is where the investigator difficulty of implementing Article 43 paragraph (6) of the Act ITE., lack of quality and quantity of investigators. not given compensation as a form of tribute to the investigator for his achievements. Terms of the legal culture of society is the number of Indonesian society in the category of poor, high unemployment, cultural lazy to earn money with a short path with gambling. gambling has become a tradition in many areas. Keywords: criminal policy, countermeasures, criminal act, online gambling
PENERAPAN HUKUM PIDANA TERHADAP PELAKU MONEY LAUNDERING DENGAN KEJAHATAN ASAL PENIPUAN (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR: 1329K/PID/2012) Kondios Meidarlin Pasaribu; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the decision of Lubuk Pakam State Court No: 1286/Pid.B/2011/PN.LP  named Lenni Damayanti Br. Manalu  who was punishable as regulated in Article 378KUHP and Article 64KUHP paragraph 1, Article 372KUHP jo Article 64 paragraph 1 KUHP, jo Article 3 of Law No. 8/2010 jo Article 64 paragraph 1 KUHP. The decision to No: 50/PID/2012/PT.MDN assigned  that the defendant was released of all legal charges. The decision to the No: 1329 K/Pid/2012 stated that the defendant was guilty on  the decision of Lubuk Pakam State Court. The problems in  this study were how the  criminal law  as regulated  offense according to  No.8/2010 , how the judges enforced  money laundering fraud  with a predicate offense in the decision of State Court No: 1329K/PID/2012.The analytical juridical normative case is the analytical approaches.The result showed that regulation on fraud criminal act was regulated in Article 378-379 of the Indonesian Criminal Code and Article 2 paragraph (1) letter “r” and Article 3 of Law No.8/2010. Stating that the defendant had been proven to  criminal act was based on Article 378 of the Indonesian Criminal Code in  Article 64 paragraph (1). “Fraud done continuously was based on Article 3 of Law No.8/2010 in Article 64 paragraph (1).  High Court cancel  No: 1286/Pid.B/2011/PN.LP said that the defendant released of all legal charges and the judge made a mistake and misapplied the law. Supreme Court, the decision No. 50/PID/2012/PT.MDN and  No: 1286/Pid.B/2011/PN.LP must be canceled and presecute and decided the case to state legally of  money laundering  contonuously. Keywords: Money Laundering Fraud
KEBIJAKAN FORMULASI SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI Megawati Megawati; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Policy formulation is a criminal sanction in formulating policies and establish criminal sanctions against the perpetrators of corruption. Legislation combating corruption establish criminal sanctions against offenders by determining the minimum criminal sanctions specifically, a higher penalty, and a sentence of death which is a criminal weighting and includes imprisonment for perpetrators of corruption. In the application of criminal sanctions against the perpetrators of corruption can be seen based on the formulation of the offense in article 2 and article 3, where the criminal sanctions imposed on the perpetrators of corruption, especially in some of the Medan District Court decisions are imprisonment, criminal penalties, and criminal confinement. Key words : criminal, sanction, corruption
APLIKASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKSANAAN REHABILITASI PECANDU DALAM TINDAK PIDANA NARKOTIKA (STUDI DI REHABILITASI KEMENTERIAN SOSIAL PAMARDI PUTRA “INSYAF” SUMATERA UTARA) Arie Kartika; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law enforcement in narcotics which uses criminal instrument is not the only prioritized policy; the strategies of law enforcement in narcotics such as treatment strategy and rehabilitation strategy are also needed. One of the examples of social rehabilitation centers in North Sumatera is PSPP (Social Rehabilitation Center Pamardi Putra) ‘Insyaf’ of North Sumatera, under the aegis of the Social Ministry of the Republic of Indonesia. It is responsible for carrying out the mandate in the policy of criminal law on the implementation of rehabilitation for drug addicts. The policy of handling (criminal political) crimes was done by using “penal” (criminal law) and non-penal (outside criminal law) facilities. Therefore, penal policy is related to the functionalization in some stages: formulation, application, and execution. The application of the policy in criminal law in implementing rehabilitation for drug addicts is synchronized between written policy planning and service planning for drug addicts. The implementation of social rehabilitation gives legal benefit to drug addicts. Keywords : criminal politicy, criminal law, social rehabilitation, drug addicts
KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN PENCURIAN KENDERAAN BERMOTOR (STUDI DI KEPOLISIAN SEKTOR SUNGGAL) Eko Hartanto; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Motor vehicle theft problem in the community is no longer a new thing, because almost every day many cases moto vehicle theft. Location of motor vehicle thefts occur in many places, but generally the same modus operandi. Nowadays, these criminal motor vehicle theft, especially theft is increasing, because the sanction given to the offender the theft of a motor vehicle is considered less severe, so many actors are already free repeat such action. This research is important to know why the highest motor vehicle theft happened in the jurisdiction of Police Sunggal. Furthermore, the data also showed, Crime Settlement (PTP) in Sunggal Police also did not show significant numbers.
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM MEMPEROLEH PENDIDIKAN (Studi Lembaga Pemasyarakatan Kelas IIA Anak Tanjung Gusta Medan) Ramli Tambunan; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Children protection activity is a good law so it can guarantee the law action brought as a result of the law protection and can protect bad activity in education for Children's who have law processing in Institute Pemasyakatan Class IIA Tanjung Gusta Medan. From the research results are known, Concepts Setting Legal Protection Against Children in conflict with the Law In Getting Education Right in the penitentiary setting about the rights of child prisoners in obtaining education while in the correctional Institution; Implementation of the Protection of Rights of Children's Education Law Granting Dilapas Tanjung Gusta Kids IIA Class field has not gone well with the results of the study 37% of schools implemented formal education provision MTsN-3 field by virtue of a collective agreement, 83% of spiritual education and vocational education has not been effective by 174 children taken prisoner as much as 10% of the total population; Constraints Giving Child Rights Education Class IIA Tanjung Gusta Medan started from legislation that is not set out clearly in the form of education for the criminal, and the lack of facilities to support the educational process skills. Keywords: Legal Protection, Children in conflict with law, Penitentiary.
PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA KORUPSI PADA PROGRAM KONPENSASI PENGURANGAN SUBSIDI BAHAN BAKAR MINYAK INFRASTRUKTUR PEDESAAN (STUDI PUTUSAN MA No. 2093 K / PID. SUS / 2011) Anggi P. Harahap; Mahmud Mulyadi; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Corruption can take place anywhere, in state institutions, in private institutions, and also in daily life. Combating corruption requires treatment and prevention in an integrated manner with the proper functioning of the legal system of the law and legal institutions in the criminal justice system. Based on the results of this research criminal liability against corruption is the liability of the offenses committed by the offender. Someone will be held accountable for these actions when there is an element in the action against the law and there is no excuse and fault elements must be met in terms of combating corruption. This is due to the principle of liability in criminal law that is not tobe punishment if no fault. Criminal act and criminal liability for acts of corruption in the PKPS BBM-IP activities in Simalungun where to defendant has been proven legally and convincingly, the defendant is able to be responsible and there is no excuse any fault that may negate or justification which can eliminate the unlawful nature of the act, the criminal liability for acts of corruption in the form of sentencing of offenders as set forth in the Supreme Court decision on the appeal. Keywords : corruption, criminal liability
PENGATURAN TENTANG PENYADAPAN (INTERSEPSI) DALAM PERUNDANG-UNDANGAN DI INDONESIA Adhy Iswara Sinaga; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The arrangement of tapping in national legislation is arranged differently, some of them are arranged in details and some of them are not. Each of the arrangement is different depending on the needs on the institution and the needs of each institution. None of the act can be used as common guideline. The importance of tapping regulation should be made in a form of act because it connects with Human Rights and based on the constitution, Human Rights can only restricts through the act, not Government Regulation. The authority for taping which law enforcement normatively has cannot be contrary to Human Rights, after all the restriction of Human Rights is matched by the nature of Criminal Law itself which to limit every individual freedom that allowed by the law. The Government and Legislatives should make an act as a common guideline which regulates tapping. So the House of Representatives and the President can outsmart and dig deeper into the importance of tapping made into an act, not into a Government Regulation. Everybody should distinguish intelligently and carefully to indicate tapping as a violation of Human Rights. The mechanism of tapping should be regulated as clearly, firmly, and directed as possible. An exception can be necessary in order to avoid any violation of Human Rights. Keyword: Legislation, Tapping, and Human Rights.
Co-Authors Adhy Iswara Sinaga Afrizal Chair Nawar Agusmidah Agusmidah Agusta Kanin Alvi Syahrin Amru Eryandi Siregar Anggi P. Harahap Anggreini, Rini Anthonius Ginting Arie Kartika Bayu Putra Samara Bismar Nasution Bornok Simanjuntak BUDIMAN GINTING Chairul Bariah Choirun Parapat Danang Dermawan Daniel Marunduri Dedi Harianto Desy Kartika Caronina Sitepu Dewi Ervina Suryani Dezky Muji Setyo Edi Ikhsan Edi Yunara Ediwarman Ediwarman Eduward Eduward Edy Ikhsan Ekaputra, Mohammad Eko Hartanto Erlangga Prasady Erwin Pangihutan Situmeang Eryco Syanli Putra Eva Santa R Sitepu Fadilah Khoirinnisa Harahap Fahmi Jalil Faisal Akbar Nasution Faisal Salim Putra Ritonga Gabriellah Angelia Gultom Hade Brata Hasim Purba Hendra Eko Triyulianto Ica Karina Immanuel Colia Iqbal Ramadhan Satria Prawira Irene Putri Kartikasari Siregar Iryanti Sagala Irzan Hafiandy Jamaluddin Jamaluddin James Kristian Laoli Jelly Leviza Jennifer Jennifer Jimmy Carter A. Jimmy Fernando Dapot Sianturi Juna Karo-Karo Jusmadi Sikumbang Sikumbang Jusnizar Sinaga Keizerina Devi Kesita Eva Lestina Lumban Tobing Kharisma S Ginting Kondios Meidarlin Pasaribu Kristina Sitanggang Kurniati Siregar M.Eka Putra Mahmud Mulyadi MAHMUL SIREGAR Maria Margaretta Sitompul Marlina, Marlina Maryani Melindawati Megawati Megawati Mirza Nasution Muhammad Azhali Siregar Muhammad Ekaputra Muhammad Hamdan Muhammad Husairi Muhammad Ilham Muhammad Iqbal Lubis Muhammad Iqbal Rozi Muhammad Isnayanda Nanang Tomi Sitorus Nanin Aprilia Fitriani Nasrun Pasaribu Nelson Syah Habibi S. Nur Istiono Ocktresia. M. Sihite Paian Tua Dolok Matio Sinaga Panji Nugraha Pantun Marojahan Simbolon Pola Martua Siregar Prastiyo Triwibowo Radian Putra Rahmat Syaputra Ramli Tambunan Randy Anugrah Putranto Rani Angela Gea Rizki Syahbana Amin Harahap Rizky Novia Karolina Rosnidar Sembiring Rumia R.A.C Lumbanraja Rusdi Marzuki Sahbana Pilihanta Surbakti Salman Paris Harahap Sarah Hasibuan Sari Devi Tumanggor Sari Kartika Sembiring Siti Maimana Sari Ketaren Sugeng Riyadi Suhaidi Suhaidi Sunarmi, Sunarmi Suplinta Ginting Sutiarnoto Sutiarnoto Syafruddin Kalo Syahron Hasibuan Syamsul Arifin Taufik Taufik Teddy Lazuardi Syahputra Tito Travolta Hutauruk Ucox Pratua Nugraha Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Victor Ziliwu Vinamya Audina Marpaung Wilson Raja Ganda Tambunan Yati Sharfina Desiandri Yona Lamerossa Ketaren Yosua T.R. Panjaitan Yoyok Adi Syahputra Zaid Alfauza Marpaung Zulham Effendy Harahap