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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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PENANGANAN PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN NEGERI KUALA SIMPANG SETELAH DIBENTUKNYA PENGADILAN TINDAK PIDANA KORUPSI DI DAERAH Choirun Parapat; Madiasa Ablisar; Marlina Marlina; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legislation, which regulates the authority of prosecutors in prosecuting tipikor cases, does not give full authority to prosecutors as the only prosecuting institution although KPK (Corruption Eradication Committee) also has the authority to prosecute tipikor cases. The implementation of handling tipikor cases after the establishment of Tipikor Court of Justice, Banda Aceh, has the implication on the slowness of the bureaucratic process in the District Court, Kuala Simpang, for obtaining the license of arresting, confiscating, searching, and detaining; besides that, it is costly. Progressive efforts made are as follows: budget is increased, hearing schedule is united, some witnesses’ testimony is read before in the hearing, the cases are handled by the same judges, witnesses are examined simultaneously, the number of prosecutors is reduced, and returning the loss of the State is relatively small. It is recommended that the District Attorney’s Office carry out their authority in prosecuting tipikor cases neutral and unbiased. The government should establish Tipikor Court of Justice in every District/Town, and progressive efforts should be focused on the increase in budget. Keywords :     Tipikor, Tipikor Court of Justice, Prosecution, Progressive, District Attorney’s Office, Kuala Simpang
ASAS ULTIMUM REMEDIUM DALAM PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PERPAJAKAN OLEH WAJIB PAJAK Sarah Hasibuan; Madiasa Ablisar; Marlina Marlina; Utari Maharany Barus
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal settlement of tax crime specified in section 44B of Act Number 28 of 2007 on the third amendment to the Law No. 6 of 1983 on General Provisions and Tax Procedures (UUKUP) is the grant of authority by law to the Minister of Finance by reason of the interest of the state revenue, requesting the Attorney General to stop the tax crime investigation process. KUP Law Article 44B shows that the actual application of the criminal law violations are not to be Primum remedium, but more oriented to remedium ultimum. This is stated explicitly, although the infringement lawsuit by the taxpayer has been declared complete, but the Minister of Finance can still ask the Attorney General to stop the investigation due consideration to the interests of state revenue, if it has not been declared complete means the Minister of Finance can be directly ruled Directorate General of Tax to stop it.   Keywords: Ultimum Remedium, Tax Crime.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI SEKSUAL DALAM PERNIKAHAN DINI (STUDI PUTUSAN MAHKAMAH AGUNG INDONESIA NOMOR 690K/PID.SUS/2010) Dewi Ervina Suryani; Madiasa Ablisar; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sexual exploitation of children is a serious violation of Human Rights. Handling of this problem is being the main destination countries in the world including Indonesia. Child marriage is one of sexual exploitation crimes againts children, specially to the girls. It has increased year by year. Decision of court with Number 690K/PID.SUS/2010 is one of sexual exploitation of children in the marriage. Based on the survey results revealed that the settings on the prohibition of sexual exploitation in the early marriage is not expressly regulated in the law, but the actions are prohibited. Judge's decision not to accommodate the implementation of the protection of children who are victims of sexual exploitation in the early marriage, because it is concentrated to criminal punishment only. Recommended to the government to immediately assess, formulate, and implement policies abolition of child marriages below the age of criminal sanctions is high, in order to create legal certainty. Revise the Marriage Act by raising the marriage age limit for women. Conduct an education and specialized training to judges on the application of the law of the child, as well as involving them in seminars or forums that discuss the issue of children, in order to create a child protection efforts.
PERTANGGUNGJAWABAN PIDANA PENYALAHGUNAAN KARTU KREDIT OLEH PENGGUNA KARTU KREDIT Desy Kartika Caronina Sitepu; Syafruddin Kalo; Madiasa Ablisar; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The presence of banks in Indonesia have a very important role in national development, especially economic development. The form of the criminalization lead to banking crime is a form of criminal offenses in the field of banking. Criminal acts which appear in the use of the credit card fraud, theft, and forgery. Type of research is that normative legal research using appropriate legal norms or criminal liability relating to the offense of credit card abuse. To see criminal responsibility in the crime of credit card misuse by the user either forgery, theft and fraud to be seen of the elements of accountability that is the criminal responsible, an error and there is no excuse. In the consideration of the judge in ruling on credit card users who commit criminal acts of credit card misuse at three District Court No. 8 / Pid.B/ 2011/ PN.Ung, District Court Decision No. 2156 /Pid.B /2013/PN.Sby, and Court Decisions No. 119 / Pid.B/ 2013/ PN.Jkt. Sel the judges consider that all three cases have met the elements of the crime of misuse of credit cards be it in the form of fraud, theft, and forgery against credit card charges made in accordance with the perpetrators. Keywords : Crimal Liability, misuse of credit cards, credit card users
PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRESTA MEDAN Victor Ziliwu; Syafruddin Kalo; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law on Narcotics and Psychotropic Substances Act mandates an obligation to undergo treatment and the treatment and rehabilitation of drug addicts. The provisions concerning the "obligation" to undergo rehabilitation for users who experience addiction, in the Psychotropic Law stipulated in Article 36 s / d of Article 39 and the Narcotics Act under Article 45. Users of narcotics as criminals and at the same time as the victim, based on Article 103 Narcotics Act, the Supreme Court issued a breakthrough by issuing several circulars, among others: Circular of the Supreme Court (SEMA) No. 07 Year 2009 concerning the Placing to Drug Users In Nursing and Rehabilitation Therapy contained into Letter No. 07 / BUA.6 / HS / SP / III / 2009 dated March 17, 2009 (hereinafter referred to as SEMA No. 07 of 2009); and Circular of the Supreme Court (SEMA) No. 04 Year 2010 concerning the Stipulation of abuse, and to the Narcotic Addict Rehabilitation In the Institute of Medical and Social Rehabilitation (hereinafter referred to as SEMA No. 04 of 2010). As a result of SEMA No. 07 in 2009 and continued with the SEMA No. 04 The year 2010 is associated with criminal law enforcement against drug users as criminals narcotics in Medan Police, the Investigator difficulty determining whether a person is caught red-handed with evidence under SEMA No. 07 The year 2009 belongs to the category of users or addicts. Because both are victims of crime as narcotic crime. The difficulty occurs because many actors are caught with evidence of drugs as defined in the SEMA No.
EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA YANG DIRAMPAS UNTUK NEGARA (Studi Putusan Hakim Pengadilan Negeri Balige) Eduward Eduward; Mahmud Mulyadi; Madiasa Ablisar; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law of Criminal Procedure ( Criminal Procedure Code ) determines that the confiscated items that are restricted or prohibited for circulation, seized for use for the benefit of the country or to be destroyed. Formulation of the problem by Judge Law Enforcement Against Narcotics Crime Evidence in Decision District Court Judge  of  Balige. Narcotics Precursor and tools or goods used in the crime of Narcotics or relating to narcotics and results in stripped to the State does not have the legal certainty. Execution of Narcotics evidence was carried out by the State Attorney Balige has not been effective (based on juridical and non juridical constraints) . Keywords ; Execution evidence, narcotics, seized state
PENERAPAN NOODWEER (PEMBELAAN TERPAKSA) DALAM PUTUSAN HAKIM/PUTUSAN PENGADILAN Rani Angela Gea; Muhammad Hamdan; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The reasons for the negation of criminal (Straf Uitsluitings Gronden) are reasons that allow a person who has committed a criminal offense which meets formula, but can not be convicted. The defense forced (noodweer) is the reason for eliminating the illegitimacy (wederrechtelijkheid or onrechtmatigheid), then the reason for eliminating the nature of the crime (strafuitsluitings - grond) is also said to be a reason to justify or justify acts that generally constitute a criminal offense (rechtvaardigings - grond) called fait justificatief. The results showed that the Application of noodweer the verdict or the court's ruling, it must meet two main points, namely: There was an attack. Not against all attacks can be held defense, but in attack that meets the following requirements: instantaneous; which directly threatened; against the law; deliberately aimed at the body, politeness and possessions. There should be a defense against the attack. Defense actions must meet the following requirements: the defense should be and needs to be held; defense must involve the interests referred to in the legislation that is an attack on the body (lijf), politeness (eerbaarheid) and property (goed) belongs to himself or others . Keywords: Noodweer, Defence Emergency, The verdict of the Supreme Court of the Republic Indonesia
PENYIDIKAN KASUS TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI WILAYAH HUKUM POLSEK MEDAN BARU Nasrun Pasaribu; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Investigation is investigating a series of actions in terms and in the manner set forth in this law to search for and collect evidence with evidence that makes light of the crime that occurred and to find the suspect. One of the criminal offense of criminal disturbing the public lately is theft, one of which is theft by weighting. Criminal acts of theft with aggravating elements or in doctrine also often called or qualified theft, ie theft in the form of principal or ordinary theft coupled with aggravating elements. The purpose of this study to determine investigation of criminal cases of theft by weighting were conducted by police in Medan Baru police. The research problems are that how the implementation of the investigation of criminal offenses of theft by weighting in the jurisdiction of New Medan police? What are the factors inhibiting the investigation of the crime of theft by weighting in the jurisdiction of New Medan police? To answer these problems do research with normative juridical and sociological juridical. Source of research data is of primary legal materials, secondary law, and tertiary legal materials. The collection of data through primary data through field studies (field research) by interviewing informants namely Medan police chief and a New Investigator, and secondary data through library research (library research). Based on these results the investigation of cases of theft by weighting in the jurisdiction of the Police of Medan recently directed in accordance with the modus operandi committed by the suspect or offender is breaking the windshield, crack car tires, housebreaking / store, damaging the lock rail and use the keys T, using a false key, deprivation bag, bank ATM burglary. Factors that become an obstacle in the process of investigating the case of theft by weighting that barriers of law, resistance from law enforcement, and obstacles of legal culture. Police investigators are advised to continue a relationship of coordination with the public prosecutor, is not passive or wait and expected to be more proactive in order to resolve the criminal case of theft by weighting takes place quickly.
PERTANGGUNGJAWABAN PIDANA PELAKU PENGHINAAN MELALUI LAYANAN PESAN SINGKAT ATAU SMS (SHORT MESSAGE SERVICE) (Studi Putusan: Pengadilan Negeri Sumenep Nomor: 70/Pid.B/2010/PN.SMP, Putusan Pengadilan Negeri Pati Nomor: 45/Pid.Sus/2013/PN.Pt, Putusan Pengadil Rumia R.A.C Lumbanraja; Syafruddin Kalo; Madiasa Ablisar; Keizerina Devi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Technological Development causes new legal problem, humiliation which is done through electronic Short Message Service (SMS). Humiliation case is regulated in Article 310-321 of the KUHP (the Criminal Code). Since SMS is an electronic service, the Government issued UU ITE 9Law No. 11/2008 on ITE or Electronic Information and Technology). There is the difference in the implementation of law: 1) how about the implementation of the evidence for humiliation criminal acts through SMS, and 2) how about the criminal liability of perpetrator of humiliation through SMS.  From the evidence aspect, the KUHP has no evidence for electronic case while SMS is interpreted as a written form which is regarded and categorized in the KUHAP as a letter as it is stipulated in Article 187, letter d of the KUHAP which is only in effect if there is another evidence related to other evidence. According to Article 1, figure 1 of Law No. 11/2008 on ITE, SMS is electronic information, electronic data in a written form which can be accepted as valid evidence as it is stipulated in Article 5 of UU ITE. The perpetrator of humiliation through SMS has legal liability since it has fulfilled the counts to criminal act and its consequences, the existence of guilt that the perpetrator intentionally sends SMS containing humiliation by attacking one’s dignity and good reputation in the SMS, and the counts to eliminate criminal act since there is no apology by the perpetrator as it is stipulated in the KUHP so that criminal sanction can be imposed on the perpetrator.   Keywords: Criminal Liability, Humiliation, Short Message Service or SMS
PELAKSANAAN PENYELIDIKAN DAN PENYIDIKAN KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN (STUDI DI POLRES KOTA MEDAN) Wilson Raja Ganda Tambunan; Muhammad Hamdan; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A crime or criminal act is a social phenomenon that occurs in the society. It develops as the society grows and develops. An example of crime found in society is sexual crime such as lascivious molestation. This crime has a quite high rate in Medan. In the last five years, its rate increased either committed by adults or by juvenile. The problems of the research are what factors cause lascivious molestation and why its rate is getting increased in Medan, what policy has been made by Medan Municipality Police in the investigation and verification of the criminal of lascivious molestation observed from the Law No.2/2002 and Law No.11/2012, and how about the obstructions encountered by Police in their investigation regarding the lascivious molestation in Medan. The results found that the factors causing lascivious molestation are free sex, narcotics, dating, technology, faith, lack of parental supervision, alcoholic influence, and unemployment, while the factors increasing the rate of lascivious molestation in Medan are free sex, environment, and low level of education and economy, law enforcement that has not brought a intimidated effect on the criminals, the lack of efforts made by government, technology abuse, and lack of parental debriefing regarding the ethics in juvenile interactions. The investigation and verification upon juvenile criminal of lascivious molestation by Medan Municipality Police has been performed in accordance with the Law No.2/2002 and the Law No.11/2012. The obstruction encountered by the police in their investigation is the difficulty in finding a witness. The research concludes that there is a need for a better society, consistent law enforcer, particularly police, and that the police make use of evidence pursuant to the Criminal Procedure Code.   Keywords: Investigation, Verification, Juvenile Criminal of Lascivious Molestatiom
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