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Madiasa Ablisar
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
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PERTANGGUNGJAWABAN PIDANA ANAK DIBAWAH UMUR SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi Putusan Pengadilan Nomor 366/Pid/Sus-Anak/2014/PN. Pdg) Eryco Syanli Putra; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Differing views of judges in giving legal for children the doers also be the basis of punishment is given or not given to children the doers. In fact, over the many decisions of the judges are more inclined to give a prison sentence than provide rehabilitation or other penalties for child offenders narcotic crime. This fact is very unfortunate given the children who are still growing and need the attention of all parties, favors given physical punishment of the child's psyche recover from the addiction and drug dependence. Issues raised in this study, namely how the rule of law against children as a criminal narcotics, forms of legal protection provided to the child offender narcotics, and criminal liability of children criminal narcotics Court Decision No. 366 /Pid/ Sus-Kids/2014/PN. Pdg. To find answers to these problems, this study used types of normative legal research is a descriptive analysis, which the normative legal research using secondary data as the main data with munggunakan techniques of data collection is done by means of a literature study (library reseacrh), as well as data analysis method qualitative data analysis. The data analysis is meant by an idea, facts obtained will be analyzed carefully to address the problem   Keywords: Criminal Liability, Children, Crime, Narcotics.
KEPASTIAN HUKUM DALAM EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO.1258.K/PID.SUS/2014 DAN PUTUSAN NO. 14/PDT.PLW/2014/PN.STB) Muhammad Husairi; Sunarmi Sunarmi; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT For the authority of the prosecutor in the criminal field concerning the executor is an act of prosecution as an executor of carrying out the determination of judges and  judicial decisions has permanent legal force. Evidence in criminal activities are often decided in court for the deprived, but there is something different in narcotic crime, namely Article 101 of Law Number 35 Year 2009 on Narcotics. The method used in this research is normative. The formulation of the problem is how the prosecutor’s role in the execution of criminal decisions? How is the execution of the  evidence relating to the third party in narcotic cases in the  District Court of Stabat and what barriers exist to the execution? How consideration of the judge of the Supreme Court Decision No. 1258.K / Pid.Sus / 2014 and Decision of the Civil District Court Stabat No. 14 / Pdt. Plw / 2014 / PN. STB. The role of prosecutors in the  execution of criminal decisions, when referring to Article 101 of Law Number 35 Year 2009 on Narcotics, namely (1) Narcotics, Narcotics Precursor, and tools or goods used in the crime of Narcotics and Narcotics Precursor or concerning Narcotics and Precursors narcotics and results expressed seized for the state. (2) In terms of the tools or items seized as referred to in paragraph (1) is the property of third parties acting in good faith, the owner may appeal against the confiscation to the respective court within 14 (fourteen) days after the announcement of the court decision level first. Shows that legal uncertainty in the execution of narcotic crime evidence by the Attorney. Consideration of the judge in the District Court Stabat related narcotic crime evidence of a third party in this case the consideration of the judge is still stiff. Judges still refers to in paragraph (1) of Article 101 of Law Number 35 Year 2009 on Narcotics without seeing paragraph (2). Obstacles encountered in the  execution of narcotic crime evidence is in the case of criminal decisions, in which the civil verdict filed a third party is granted by the judge, so the Attorney as executor experiencing difficulties. Consideration of the judge’s ruling in Supreme Court Decision No. 1258.K / Pid.Sus / 2014 shows that in this case the judge is too rigid in its decision without considering information from third parties that the evidence revealed that the car used by the offender is a hired car (rental) from third parties. In a civil ruling No. 14 / PDT.PLW / 2014 / PN.STB decided won third party claim. Supposedly when the judges on criminal decisions observant and careful in its consideration of third party certainly does not need to be a civil lawsuit. It would need to Attorney General of the  Republic of Indonesia issued Decree Attorney General on the execution of the evidence, so that the execution evidence narcotic crime obtain legal certainty. It would need to judge in court viewed the evidence carefully and thoroughly and consider the injured third party so that the execution of the evidence does not cause problems. It would need to Attorney General and the Supreme Court did MOU related to evidence in the criminal act of narcotics so that the problem of execution as evidence at a leter date is not an issue and the Supreme Court also issued SEMA and PERMA or related to it.   Keywords: Rule of Law, Execution of Evidence, Narcotics.
HUKUMAN KEBIRI KIMIA (CHEMICAL CASTRATION) UNTUK PELAKU KEKERASAN SEKSUAL PADA ANAK DITINJAU DARI KEBIJAKAN HUKUM PIDANA Kristina Sitanggang; Madiasa Ablisar; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Case of child abuse that committed by the nearest people with the children is a concerned condition. The environment and people around the children should teach, protect, educate and direct them to grow up and develop into a good child. In fact, the immediate environment like parents or family and teacher even become the parties who damage the mental and future of the children throught the unlaws act. This case is a form of human rights violation. It is not only to seize the unsurpation of security and protection but a victim also lose the right to live a physical and spiritual life, the rights to be free from torture or degrading treatment of human dignity and even loss their rights to life. Based on this case, the government conducted a criminal law policy through the provisions of the formulation of issuing government regulation in lieu of Law number 1 of 2016 which was then  agreed by the legislative into the Law number 17 of 2016 which regulates the act of chemical castration for pedophile. Chemical castration is done by inserting antiandrogen chemicals, pills or injections into a person's body to weaken the hormone testosterone. Simply, the chemicals that are inserted into the body will reduce even eliminate libido or sexual desire. Chemical castration actions regulated in the provisions of law number 17 of 2016 is a form of punishment that is not in accordance with the criminal law policy in Indonesia, which criminal law policy in Indonesia is based on the provisions of Pancasila and the 1945 constitution. Chemical castration actions formulated in Article 81 paragraph (7)  can be said is not in accordance with the values of Pancasila especially the first principle, a divinity that is an ultimate unity and the second principle, a just and civilized humanity Keyword : Punishment, Chemical Castration, Criminal Policy
PENGHITUNGAN KERUGIAN KEUANGAN NEGARA OLEH KANTOR AKUNTAN PUBLIK DALAM PERKARA TINDAK PIDANA KORUPSI (Studi : Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn., tertanggal 16 Februari 2017) Muhammad Isnayanda; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The case of corruption is a major problem in Indonesia that causes a huge loss of state and affects the decline in the quality of people's lives to disrupt economic stability. In the case of corruption (hereinafter called "Corruption"), as for the authorities to conduct an investigation under the applicable law, among others: the Indonesian Police, the Attorney General's Office and the Corruption Eradication Commission. Based on the authority given by the law mentioned above, to every investigator and investigator to conduct a corruption investigation and investigation, the Police of the Republic of Indonesia, the Attorney General of Indonesia and the Corruption Eradication Commission have the authority to conduct investigation and investigation of Corruption. In the eradication of corruption, the government has promulgated Law no. 31 of 1999 on the Eradication of Corruption as amended by Act No. 20 of 2001 on Amendment to Law no. 31 Year 1999 on the Eradication of Corruption (hereinafter referred to as "Corruption Act"). The most important element of the article in the Corruption Act is "it can harm the state's finances or the state's economy". Thus, the calculation of State Financial Losses (PKKN) is needed in conducting investigations and investigations in cases of corruption. Keywords : Calculation of State Financial Losses; Public Accountant Office / Public Accountant; Case of Corruption.
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMERKOSAAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Rantauprapat No.694/Pid.Sus/2016/PN-Rap) Faisal Salim Putra Ritonga; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
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ABSTRACT Based on the provisions of article 1 point 1 of the Act No.23 of 2003 Year shield cover Children Jo article 1 1 of the Act No. 35 year 2014 about changes in the law No.23 of the year 2003 on the protection of the child, which States that the child is someone who has not aged 18 (eighteen) years of age, including children who are still in the womb. Children as subjects of law who are immature (human) does not cover the possibility of getting involved with the law, which means that a child can be the subject or object of the law in a legal events. One of the issues of concern to children is a special case of rape. Rape is a type of crime that affects very bad especially on victims, for rape would violate human rights and may damage the dignity of humanity, especially against the soul, reason and offspring. One of his Ruling State Court matter Rantauprapat matter No.694/Pid.Sus/2016/PN-Rap is something rape against children under age. In this case the occurrence of criminal offence deliberately doing hokey pokey, a series of lies or persuading a child do it. The defendant committing criminal acts against children under age (15 years) with doing serangakian lies with persuading the victim to perform coitus. Policy formulation of the law of criminal offence rape of children under based on the provisions of article 81 paragraph (2) of Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of Children and the law On article 290 of the criminal clause (2) and (3), article 292, 293, article 294 Article paragraph (1) and section 295. The application of the criminal law against the crime of rape children under based on the ruling of the District Court Rantauprapat No.694/Pid.Sus/2016/PN-Rap based on article 81 paragraph (2) and the provisions of article 76 d. consideration of judge against based on the verdict of the District Court Rantauprapat No.694/Pid. Sus/2016/PN-Rap has not been fullest to suppress the occurrence of cases of abuse and permerkosaan minors. Judges in meting out criminal prison to the defendant should have maximum as in the provisions of article 81 paragraph (2) and the provisions of article 76 D Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of The child. Recommended for law enforcement gives the application of criminal law in state court verdict Rantauprapat No.694/Pid.Sus/2016/PN-Rap in accordance with the criminal law policy contained in the provisions of Act No.35 year 2014 about changes top of Act No.23 of year 2003 on the protection of Children so that the existence of a deterrent effect for the accused and legal certainty for the victims. Keywords : legal policy, crime, rape, minors,
PEMAAFAN OLEH KORBAN DAN/ATAU KELUARGA KORBAN TERHADAP PELAKU TINDAK PIDANA DITINJAU DARI HUKUM PIDANA ISLAM DAN RUU KUHP SEBAGAI PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN Suplinta Ginting; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 2 (2018)
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ABSTRACT The role of a victim and/ or victim’s family in a penal court is merely a witness, they are never involved to determine how long a charge or sentence is handed down to the Perpetrator. A victim and/ or victim’s family often feel unjust that creates disbelief in the law. The results of the research show that forgiveness is recognized in Islamic Law as it is regulated in the Koran and Hadiths of The Prophet Mohammed; while in Indonesian Law, forgiveness is a part of the customary law and is stipulated in the Bill of the Penal Law Article 55 paragraph (1) letter j. Forgiveness is given in order to insure justice, legal certainty, to uphold the dignity and pride of the victim and/ or the victim’s family, to liberated the Perpetrator from guilt and to settle the conflict between the Perpetrator and the victim and/ or victim’s family. The formulation of forgiveness in the Islamic Penal Law can reduce and even can discharge the Perpetrator from the sentence, except in hudud crime (offenses against God); while in the Bill of the Penal Law, formulation of forgiveness is merely something to be considered by the judge in handing down a verdict.   Keywords: Forgiveness, Victim and/ or victim’s family, Islamic Penal Law, Bill of the Penal Law.
PERANAN ATASAN BERHAK MENGHUKUM DAN PERWIRA PENYERAH PERKARA DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA DESERSI DI PERADILAN MILITER Erlangga Prasady; Alvi Syahrin; Madiasa Ablisar; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
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ABSTARCT This research analyzed  about Ankum and Papera are crucial to the work of the military justice process. The propriety of investigators and investigators of military crimes can be disrupted by the superior-subordinate mechanisms. And in practice there is often an interesting attraction between Ankum on the one hand with law enforcement officers on the other. Law enforcement officials have an interest in bringing the suspect to court, while Ankum / Papera tends to avoid because bringing to justice is equally concerned about Ankum's responsibilities as commander. The type of this research is legal / normative research and descriptive analysis. The problem approach used in this research is statute approach and conceptual approach, collecting and collecting data is done by literature study and field study, research It uses qualitative analysis. Based on Law Number 31 of 1997 The role and authority of Ankun as commander of a commander has a central position and fully responsible for his subordinates. Papera in determining a criminal case to seek opinions from Oditur Miilter but its nature in the form of suggestions and opinions then it does not bind the commanders, ultimately the commander is also decisive so that the assessment is subjective when the settlement of a case must be objective.   Keywords: Role, Ankum, Papera, Crime Desertion, Military Court
PENERBITAN PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN (SP2HP) ONLINE SEBAGAI UPAYA TRANSPARANSI POLRI DALAM PENYIDIKAN TINDAK PIDANA (STUDI DI POLRESTABES MEDAN) Hendra Eko Triyulianto; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts to issue a Notice of Progress of Investigation Result (SP2HP) to support the Police service in the field of investigation for Professional, Modern and Promoter starting from the ranks of the Central Police to the Region are expected to improve themselves as soon as possible. Implementation of Promoter program should be implemented immediately considering that the Police must provide optimum guidance and service to the community. Especially in the current digital era where information and communication systems are fundamental and important elements. Today people are beginning to feel that the role of Information and Communication Technology has slowly replaced human roles in various aspects of life, various business activities, government, and education began to be replaced with e-business, e-government, and e-education, slowly the role of Information and Communication Technology has brought lifestyle to the digital age. Police-ranks are also required to be able to adapt to the role of information technology, where in this digital era of accountability, effectiveness, and efficiency is absolutely necessary. The main problem in this research is about the lack of public confidence in the performance of Police investigators in conducting criminal investigations reported to him. In Polrestabes Medan, a program / application of SP2HP Online publication has been created which aims to enable the public to easily access all information related to the police report made. However, the application is insufficient, because it is related to the lack of personnel support, inadequate financial support, and the support of facilities and infrastructure that are still self-supporting, plus the use of the application method is still missing and has not been taught to each of the Sector Police below Polrestabes Medan.   Keywords   :     Issuance of Online Progress Result (SP2HP) Notification; Police Transparency Efforts in Crime Investigation; Polrestabes Medan.
PERTANGGUNGJAWABAN PIDANA DOKTER YANG TIDAK MELAKUKAN REKAM MEDIS TERHADAP PASIEN (STUDI PUTUSAN PERKARA NOMOR 86/PID.B/2009/PN.LGS) Paian Tua Dolok Matio Sinaga; Madiasa Ablisar; Marlina Marlina; Chairul Bariah
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A doctor is seen as a very noble profession, so with that assumption, the people involved in sustaining life are seen as noble ones. It shows the form of human dependence on the importance of the existence of doctors in the world of health. Patients have great confidence and expectation of the doctor for the illness, even if they have to pay a lot of money. In fact, there are often mistakes caused by the negligence of doctors in the treatment of patients who do not make a medical record. This causes great disappointment to the world of medicine, the patient becomes lost trust and also cause traumatic effects on doctors. In addition to feeling disappointed patients are also harmed both in health, service and also materially. This study aims to describe and analyze the form of criminal liability doctors who do not record medical patients. Primary data collection is done through legislation and case study dr. Bukhari, Sp.OG which occurred in 2009 in Langsa Aceh. The regulation of medical records on doctors who practice medicine has been regulated clearly in Law No. 29 of 2004 on Medical Practice and Regulation of the Minister of Health No. 269/MENKES/PER/XII/2008 concerning Medical Record. In performing its obligations the doctors should refer to it. So that doctors can be asked for accountability either criminal or civil. The form of criminal liability of a physician who does not perform medical records in the conduct of medical practice based on the Case Decision Study Number 86/Pid.B/2009/PN.LGS states that, the doctor who deliberately did not make a medical record to his patient while carrying out his medical practice in accordance with the Medical Profession Standard so as to be sentenced to the defendant dr. Bukhari Sp.OG with a fine of Rp. 30,000,000 (thirty million rupiahs), stipulates if the fine is not paid then replaced with imprisonment for 3 (three) months.   Keywords: Criminal liability, Doctor, Medical Record, and Patient.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIJADIKAN KURIR NARKOTIKA Maryani Melindawati; Madiasa Ablisar; Mahmud Mulyadi; Edi Ikhsan
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Narcotics abuse seems a natural thing in Indonesia. It appears in news on criminality program every day. It is illegal which means that if one does not have license or authority to use narcotics, either for himself or for other people, it can be categorized as narcotics abuse. A child who plays his role as a courier in drug trafficking can be called a child that is in conflict with law or juvenile delinquency. As young generation that functions as human resources for the national development, they need to be protected through strategic stages, either legally or educationally, and other related fields. The problem is that, in practice,  legal protection tends to punish them, instead of improving and bringing them back to their own good and honest nature. It is recommended that legislative body establish regulations on child criminal (as a courier in drug trafficking) so that it is not necessary to apply regulation for an adult as if the child is able to commit the crime as an adult. The regulation on diversion for all criminals, including children as couriers in drug trafficking and the limitation of diversion is only when they are sentenced to death should be changed. Law enforcers, aided by the government, should help realize any efforts which haven explained in Chapter IV, sub b of this research.   Keywords: Child, Narcotics, Legal Protection
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