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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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LAW ENFORCEMENT AGAINST CRIME SMUGGLING OF USED CLOTHING IMPORTS (STUDY CENTER TANJUNG COURT RULING KARIMUN NUMBER 107 / PID.SUS / 2014 / PN TBK AND CAPE CENTER COURT RULING KARIMUN PID.SUS No. 217/2015 / PN TBK) Iryanti Sagala; Syafruddin Kalo; Madiasa Ablisar; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this thesis, the author raised the issue of Law Enforcement Against the Crime of Trafficking Used Clothing Imports (Study District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and the District Court's Decision No. 217 Tanjung Balai Karimun Pid.Sus / 2015 / PN Tbk). The theme selection triggered by the smuggling of used clothing was banned by the government, because it hurt the government in terms of revenue in the country, especially the loss of state revenues from customs duties and other charges which should have been received by the Director General of Customs and Excise. There are several options related to the crime of smuggling of used clothing, namely Law No. 17 of 2006 on the Amendment of Act No. 10 of 1995 on Customs, Trade Minister Regulation No. 51 / M-DAG / PER / 7/2015 on Prohibition of Import Used clothing, Trade Minister Regulation No. 54 / M-DAG / PER / 10/2009 on General provisions field of imports, and the Minister of Industry and Trade No. 642 / MPP / Kep / 9/2002 on the amendment Annex I to the Decree of the Minister of Industry and Trade No. 230 / MPP / Kep / 7/1997 on goods set import trade system. The author of this paper uses normative juridical method to approach law (statute approach) and the approach of the case (case approach). By using the above study, the authors obtained the answers to existing problems that the District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and District Court of Tanjung Balai Karimun Pid.Sus No. 217/2015 / PN Tbk same -Same subject to criminal Article 102 (a) of Law No. 17 of 2016, with the sound: every person transporting imported goods that are not listed in Article 7A paragraph (2) had been convicted of smuggling in the field of import by sanctions imprisonment of a minimum of 1 (one ) years imprisonment and a maximum of 10 (ten) years and fined at least Rp. 50.000.000, - (fifty million rupiah) and Rp. 5,000,000,000, - (five billion rupiah). But these two cases different sanctions imposed. The difference of the decision can be caused due to lack of unanimity view of the judges in assessing a case the same or equivalent. In addition the maximum limit and the minimum limit given discretion to judges to convict may also cause differences in punishment. Keywords: Crime of Smuggling, Used Clothing Imports
DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DI TINGKAT PENYIDIKAN (STUDI DI POLRESTA MEDAN) Yati Sharfina Desiandri; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Diversion is the duty of law enforcer handling the case of criminal offenses committed by children to take action to continue or discontinue court cases. Diversion in an effort to urge people to obey and uphold the laws of the country, its implementation still consider fairness as the top priority in addition to providing the opportunity for offenders to take the path of non-criminal as compensation, social work or supervision of their parents. Investigation authority possessed by police is the initial process in a juvenile justice process. This is due, whether or not children in conflict with the law are processed in juvenile justice is highly dependent on the results of investigations conducted by the Police by first asking for consideration or advice from community mentors. In the case of children in conflict with the law, the police in the execution of discretion can upgrade the case so that the child does not have to deal with a formal court settlement. The formulation of the research problem in this study is the first, the effect of the diversion of children in conflict with the law. Second, synchronization regulations on diversion of children in conflict with the law in Indonesia at the level of investigation. Third, the implementation of the diversion of children in conflict with the law in Medan Police. Diversion done to prevent children perpetrators of the negative impact of the implementation of the juvenile justice practice. Diversion is an idea if the appropriate consideration to avoid the stigma in children. Diversion has a positive and negative influence for children and the other parties involved. There are differences between the Secret Telegram with legislation that is in the application of the diversion of children in terms of the threat of punishment, child investigators, diversion agreement and coordination with the prosecution (the prosecutor) and the determination made by the local District Court. On the implementation of diversion in Medan Police, guidelines used namely Act No. 11 of 2012, the Criminal Police Secret Telegram TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 but has not made the PP 65 Year 2015 as the Guidelines for the implementation of diversion. There are some reasons why the diversion implementation by the police does not comply with the rules in the Act No. 11 Year 2012. There should be rules governing the supervision of the implementation of diversion. Police should own internal regulations relating to the implementation of diversion and adapted to the legislation in force.   Keywords: Diversion, Children in conflict with the law, Investigation
ANALISIS HUKUM MENGENAI PENJATUHAN SANKSI PIDANA TERHADAP PELAKU USAHA PERTAMBANGAN TANPA TANAH TANPA IZIN USAHA PERTAMBANGAN DI KABUPATEN DELI SERDANG Zulham Effendy Harahap; Ediwarman Ediwarman; Madiasa Ablisar; Jusmadi Sikumbang Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The definition of mining according of the Law No.4/2009 Article I Paragraph I regarding mineral and coal mining is “part of or all of activity stages in terms of mineral and  coal research, management, and business including general investigation, exploration, feasibility study, construction, mining, management, and purification, transportasion and sales, and post mining activities. In the specific law (lex spesialis), particularly, the Law No. 4/2009 regarding mineral and coal mining, the criminal provisions are stipulated in chapter XXIII, Article 158 to article 165. The penal provisions contains in this law regulates various permits such as IUP (Mining Business Permit). IPR, and IUPK. The Ruling of No. 1561/Pid.B/2014/PN.Mdn is about land mining activities. A case on a mining business without a permit happened in marindal, patumbak subdistrict, Deli Serdang District, Sumatera Utara Province. The businessman, in this case, was sendtenced to a year imprisonmen and finet to IDR I Billion based on the article 158 of the Law No.4/2009 regarding mineral and coal mining. The thesis applies judicial normative method with prescriptive analysis. It uses the theory of criminalization. The data of this thesis are legal material including primary, secondary, and tertiary legal materials and non-legal materials. It is also supported by statude, conceptual, and case approaches. The data are analyzed using qualitative method. Based on the research results, it can be concluded that firstly, in Chapter XXIII, Article 158 to Article 165, the provisions regulate various matters regarding IUP, IPR, and IUPK. In the government regulation and regional regulation, the criminal provisions tend to refer to, Law No.4/2009 regarding mineral and coal mining. Secondly, the people of Deli Serdang District Find it difficult to administer the mining permit. Aside from the document administration that takes months, the moral hazard of Deli Serdang District Government, particularly, in mining sector also becomes an abstacle to accelerate the mining permit administration. Theirdly, penal and non-penal provisions are criminal policies whose scopes consist of penal and non-penal.   Keywords: Criminal Sancetion, Land Mining, Business Permit
KEBIJAKAN KRIMINAL DALAM UPAYA PENANGGULANGAN TINDAK PIDANA PENCURIAN HEWAN DI KABUPATEN PADANG LAWAS UTARA Muhammad Azhali Siregar; Syafruddin Kalo; Madiasa Ablisar; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal wisdom or criminal polities was an effort which rational from society to cope crime. Efforts or wisdom to cope from superintended of crime in particular livestock coutent of aspect criminal wisdom. Remembered  efforts of crime superintended through navy information and non-navy information. Livestock constrated by shaper of law as a factors make heavier based on consideration  about situation in particular Indonesia. In high criminal act robbing animal in particular at North Padang Lawas regency made an anxiety in society, level of robbing livestock because many factor which influense happened criminal act of robbing animal. There were factors happened robbing of livestock at Paluta (North Padang Lawas) content of economy factor, education factor, geographical and cultere factor. Some of cases robbing of livestock at North Padang Lawas got to comprehending if join with subject motivation for searched trofit to resist of verdict. Superintended robbing of livestock at Norh Padang Lawas through navy information adm non-navy information.  The arrangement verdict culture based on Tumbaga Holing’s latter consist of verdict culture basics at North Padang Lawas regency in culture wide opened and flexible toward a new element in changed from outside or because alteration and development of area society. Curture of North Padang Lawas just written in Tumbaga Holling’sletter just could read by heart not witheyes so that the culture always everlasting. The alteration of culture not deleted a long culture and changed with a new, alteration happened because influence of events, influence of having to do with live inturns. Effectiveness from doubts applying agree with culture verdict grew up in North Padang Lawas society. Based on culture arrgements grew up and put on for generation until now could to applaying as criminal wisdom in efforts superintended criminal act of robbing livestock at North Padang Lawas regency. Keywords: Criminal wisdom, efforts of superintended, local of learning.
TINDAKAN PENARIKAN UNIT KENDARAAN YANG DILAKUKAN DEBT COLLECTOR TERHADAP DEBITUR DITINJAU DARI ASPEK HUKUM PIDANA Jusnizar Sinaga; Muhammad Hamdan; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of  2009  about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right . Keywords: Debt collector, Crimes Dispossession by Violence, Consumen Financing
PENJATUHAN SANKSI PIDANA DIBAWAH BATAS MINIMUM ANCAMAN HUKUMAN BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA Amru Eryandi Siregar; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Some of the reasons decided by penalties ½ (half) of the amount of the minimum sanction of imprisonment is based on Article 22 No. 3 of 1997 on Juvenile Justice, which is "Against the bad boy can only be dropped criminal or actions specified in this law". Then Article 23 Paragraph (1) Number 3Tahun 1997 on Juvenile Justice, which is "The penalties can be imposed on a bad boy is the subject of criminal and additional criminal, and Article 26, Paragraph (1) No. 3 of 1997, namely; "Imprisonment that can be imposed on juvenile delinquents referred to in Article 1 point 2 letter a maximum of ½ (one half) of a maximum imprisonment for adults". Of the three articles above, in fact there is no penalty associated settings ½ (half) of the amount of the minimum sanction of imprisonment and can be said to be the judge in this case making a legal breakthrough by the application of such penalties. The conclusion of this thesis, If the child committed the crime of Narcotics and charged article is based on Law No. 3 of 1997 on Juvenile Justice, the Judges under Article 24 of the Juvenile Court Act can: 1.Mengembalikan to a parent, guardian or person asuh.2.Menyerahkan to state for education, coaching and job training khusus.3.Menyerahkan to the Department of Social or Social Community Organizations engaged in coaching education and job training. Narcotics. Settings criminal offenses committed by minors under Law No. 35 Year 2009 on Narcotics in principle is not specifically regulated but arrangements will include Law No. 3 of 1997 on Juvenile Justice. It can be said Law No. 35 Year 2009 on Narcotics can not stand alone in terms of setting the crime of Narcotics committed by minors because of Act No. 3 of 1997 on Juvenile Justice is specific legislation relating to justice perpetrators of crimes committed by minors. That From the North Sumatra High Court Decision No. 369 / PID / 2013 / PT-MDN, Stabat District Court Decision No. 349 / PID.SUS.A / 2013 / PN.STB, Stabat District Court Decision No. 443 / PID.SUS. A / 2014 / PN.STB, Stabat District Court Decision No. 444 / PID.SUS.A / 2014 / PN-STB, Stabat District Court Decision No. 445 / PID.SUS.A / 2014 / PN.STB can be criticized especially those concerning the aggravating factors where the emphasis that the child should not know the drug, but in fact had known even used also to mengederkannya. Actually, such a case is not only seen from what has been done olehseorang children who do drug abusers, but should have a more visible is the background why the child did it, or in other words what factors cause them to do that (teaching causalitet). Keywords:         Imposition, Sanctions, Criminal, Below Minimum Limit, threats,           punishment, For Child Actors, Crime, Narcotics.
PERTANGGUNGJAWABAN PIDANA PELAKU PENYALAHGUNAAN ATAS PENERIMAAN PEMBAYARAN PAJAK REKLAME BERJALAN MOBIL TANGKI BEREKLAME (Studi Putusan Pengadilan Tipikor Medan No.10/Pid.Sus.K/2014/PN.Mdn) Sari Devi Tumanggor; Alvi Syahrin; Madiasa Ablisar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state is responsible to keep the interests of its people in prosperity, security, defence and education in life. In performing the responsibility to bring it to reality, the state has its sources of revenue to rely on based on valid constitutional regulations. Tax as one of the state's or provinces' sources of revenue has an important role, and its successful accomplishment is the duty of the authorized tax officials. However, in fact there was a tax official who commited corruption by abusing his authority which then causes state's financial loss. How is the official's responsibility in justifying his act as the state's or province's official who had accepted tax-payment wihout depositing it into province's treasury. Key Word : Criminal responsibility, An abuser’s to accepting tax payment
PERAN POLRI DALAM PENANGGULANGAN PREMANISME UNTUK MENGAMANKAN PROGRAM PRIORITAS NASIONAL DI PELABUHAN (STUDI DI POLRES PELABUHAN BELAWAN) Tito Travolta Hutauruk; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
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ABSTRACT The thuggery handling conducted by the Police to support the National priority program at Pelabuhan is done by penal approach that is oriented to the act of cleaning and eradicating thuggery as it has been formulated in the program of wins ProMoTer Kapolri and Commander Wish Head of North Sumatra Regional Police. Another approach is a non-penal approach that is more oriented to preventive actions from potential startup to disturbance threshold, such as conducting activities oriented to problem-oriented policing and strengthening synergy. In addition, the role of the National Police in the handling of thuggery is expected not as a tool of ruling but as an institution that upholds human rights by no longer putting forward violence, more to approach system thinking, knowledge, skill and atitude through soft reform Skil. This is the basic framework of the Police professionalism. In the case of the Police, especially the Belawan Port Resort Police has not been optimal in the handling of thuggery, it certainly has implications for the cleaning program of thuggery as outlined in the policy and strategy of North Sumatra Regional Police and regional development. KeyWords : Role of Police, Thugs, National Priority Program at Port.
PENGGUNAAN SCIENTIFIC EVIDENCE DALAM PENYELIDIKAN DAN PENYIDIKAN SEBAGAI UPAYA PENEGAKAN HUKUM LINGKUNGAN HIDUP DI WILAYAH POLDA SUMUT Rusdi Marzuki; Alvi Syahrin; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Research and investigation is one of the Polri's duties for the community, because the Police is formed from the community and work for the community, the Police must be Professional, Modern and Trusted (Promoter). In this case, environmental crime investigations are carried out through stages of: investigation, prosecution, examination, and settlement and submission of case files. The essence of investigation in the field of environment is done by gathering information (Pulbaket) and making Investigative Results Report by expert. Based on Article 96 of Law no. 32 of 2009 on the Control and Management of the Environment, the legal evidence in the environmental crime suit consists of: testimony of witnesses, experts, letters, instructions, statements of the accused, and / or other evidence. Other evidence is what is referred to as scientific evidence. Reports / Letters made by experts may be referred to as scientific evidence. Scientific evidence is necessary because in the proof of environmental crime cases generally have difficulty in the presentation and determination of causality relationships. Environmental proofs are often confined to the presentation of facts and evidence tools that are often scientific (scientific proof) and involve company secrets. Moreover, if a company suspected of carrying out environmental offenses of more than one amount and disposing of waste containing the same elements, especially those that are chemical and related to Article 183 of the Criminal Procedure Code, which affirms the verdict shall be proved by two valid evidences. Keywords : The use of scientific evidence; researches and investigations; and enforcement of environmental law in the territory of North Sumatra Police.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 7/Pid/Sus-Anak/2015/PN. Kabanjahe) Hade Brata; Madiasa Ablisar; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Against children who do the criminal act would have done legal action or legal proceedings, which in the legal action, which is still more kids on the protection of the rights of the child in each level of the check, where it is based because within a child's inherent dignity, dignity, and rights of the child as befits a man should uphold high. In this research are discussed regarding criminal liability against committing criminal assassination plan, where judges decide the matter a criminal act planned to murder committed by children by giving a verdict in the form of imprisonment, of course it is interesting to be discussed and done research on it. Keywords: Criminal Liability, Children, Murder Plan
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