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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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SISTEM PEMIDANAAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Salman Paris Harahap; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children  as criminals must be treated humanely to the best interests of the child to realize growth and provide physical, mental and social. The protection of children is also reflected in the provisions of Article 28 and paragraph (2) of the 1945 Constitution the basic rights of children, that "every child has the right to live, grow and develop and is entitled to protection from violence and discrimination". In the provisions of Law No. 11 of 2012 on the Criminal Justice System Child, that the system of punishment against juvenile offenders under the law is more emphasis on educational punishment for the best interests of the child. Therefore, this paper attempts to examine the criminal system of children as perpetrators of criminal acts in Indonesia and to analyze the criminal system of children according to Law No. 11 of 2012 on the Criminal Justice System Child and criminal system of children according to Islamic law and criminal system that is managed by Act No. 11 of 2012 on the criminal Justice System children in addressing offenses in doingchild.The method used in this research is normative juridical research method with the approach taken is the approach of legislation (statute approach). Legislation approach used for the basic criminal system that is used as the subject of this research is the Law No. 11 Year 2012 on Child Criminal Justice System. It also conducted a comparative approach (comparative approach).The results showed that the criminal system in Indonesia at this time referring to the Law No. 11 of 2012 concerning juvenile justice system that provisions are required in trying to do a restorative justice (restorative justice) and diversion. Child criminal system according to Law No. 11 of 2012 on the Criminal Justice System Child by child criminal system according to Islamic law lies in the concept of criminal responsibility, it can be seen from the constraints of a child is able to take responsibility. Analysis of Law Number 11 Year 2012 on Child Criminal Justice System is a system of punishment is more emphasis on restorative justice. For children as criminals, where the sanction is not the main goal for the criminalization of children because imprisonment is ultimum remedium.   Keywords: criminal system, children in conflict with the law, criminal justice system children.
PELAKSANAAN TUGAS PEMBIMBING KEMASYARAKATAN DALAM PROSES DIVERSI ANAK YANG BERKONFLIK DENGAN HUKUM DI BALAI PEMASYARAKATAN KELAS I MEDAN Ica Karina; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A Community Guidance is a correctional officer at the Correctional Institution conducting guidance to a Penitentiary Sub-prisoner outside the authority of LAPAS. In the juvenile justice process, the community counselor is tasked with preparing a community research report (LITMAS). This social research serves to find out more in the background of children's social life both economic, educational, religious and social interaction. Form of guidance given in the form of: religious education, character education, guidance and counseling of individuals and groups, formal education, scouting, vocational education, psychotherapy, literature, and psychiatry therapy. The Criminal Function is no longer merely a jail but it is also a process of rehabilitation and social reintegration of the Insured Citizens within the penitentiary. This study aims to find out the task of social guidance against children who are faced with the law and to know the implementation of the social guidance in the process of diversion against the children who are faced with the law in the Class I Pemasyarakatan Medan. This research indicates that the task of the Community Guidance in the making of community research and mentoring of children in conflict with the law as the suspect / defendant in the criminal justice process of the child, and for the adult suspects in certain crimes and LITMAS for the interest of prisoners' care and guidance of the prison shows the involvement of the Community Guidance Counselor since the beginning of the legal process until the return of a prisoner and prison student to the public. In the execution of a Class 1 Medan community mentor has the duties and functions, among others, the basic task of the first class BAC supervisor Medan is to provide community guidance or alleviation of children in accordance with applicable legislation and conduct coaching, guidance and supervision of clients outside Penitentiary . Keywords: Task Implementation, Community Guidance.
PENEGAKAN HUKUM JUDI ONLINE YANG DILAKUKAN SAT.RESKRIM POLRESTABES MEDAN BERDASARKAN PENERAPAN KUHP DAN UNDANG-UNDANG NO. 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Iqbal Ramadhan Satria Prawira; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT It is not an easy thing to complete gambling, there needs to be a legal regulation that crack down on the perpetrators of gambling crime. Regulations on gambling are originally stipulated in Article 303 of the Criminal Code, subject to imprisonment of up to 2 (two) years 8 (eight) months or a maximum fine of Rp. 90.000, - (ninety thousand rupiah). With the issuance of Law No. 7 of 1974 on Gambling Control, Article 2 Paragraph (1) shall contain the penalty for the criminal act of gambling Article 303 paragraph (1) of the Criminal Code shall be changed to imprisonment for a maximum of 10 (ten) years or a maximum fine of Rp. 25.000.000, - (twenty five million rupiah). Then change Article 542 to Article 303 bis paragraph (1) of the Criminal Code with threatened to be 4 (four) years imprisonment or a maximum fine of Rp. 10.000.000 (ten million rupiah), then Article 303 bis verse (2) of the Criminal Code with a maximum imprisonment of 6 (six) years or a maximum fine of Rp. 15.000.000 (fifteen million rupiah). But the investigation of the crime of gambling was still facing obstacles when faced with the gambling proof process through the internet, because in the Criminal Procedure Code is not regulated the elements containing information technology, while in the case of gambling through the internet ("internet gambling") all done through the internet media. To overcome gambling conducted on the internet, has been issued Law No. 11 Year 2008 on Information and Electronic Transactions. When dealing with "internet gambling" there will still be new problems that will arise, especially regarding the evidence. If, in ordinary gambling, the tools to be used for gambling such as dice or cards and money used for betting are enough to be used as evidence. Whereas, in "internet gambling" gambling is done like a normal computer game. On gambling made via internet bets are paid not from hand to hand, but are transferred directly by writing credit card account numbers over the internet anyway.   Keywords : Law Enforcement; Internet Gambling; and Polrestabes Medan.
PENERAPAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PELAKSANAAN DIVERSI (Studi Kasus di Cabang Kejaksaan Negeri Deli Serdang di Labuhan Deli) Irzan Hafiandy; Madiasa Ablisar; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law number 11 year 2012 about the criminal justice system of Children mentioned that is the basis of the best interests of the child are all forms of decision-making must always consider survival and flower growing. Decision making always consider survival and growing this flower later becomes the background of the law enforcement agencies especially the Prosecutor in the performance of diversion. The writing is made to cover a few things about how the best interests of the child principle was revealed in legal norms contained in the law criminal justice system of the child, the application of legal norms for the child's best interests principle in the implementation of diversion at the State Attorney's branch of Deli Serdang in Labuhan Deli as well as explain the factors restricting and efforts to overcome the obstacles in the diversion implementation of the best interests of the child principle in the State Attorney's Branch of Deli Serdang in Labuhan Deli.   Keywords: The Best Interest of The Child, Diversion, and the Public Prosecutor
ANALISIS YURIDIS OPERASI TANGKAP TANGAN (OTT) DALAM PERKARA TINDAK PIDANA KORUPSI SEBAGAI UPAYA PEMBERANTASAN DAN PENCEGAHAN KORUPSI (STUDI PADA POLRESTABES MEDAN) Ucox Pratua Nugraha; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Corruption takes place at every level and aspect of community life, ranging from Administering Building Permits (IMB), procurement projects in government agencies to law enforcement itself. There are some who argue that corruption has become a culture for the people of Indonesia. Without realizing it, corruption arises from a habit that is considered normal and commonplace by the general public, such as giving gifts to officials / civil servants or their families as a service reward. The habit is commonly seen as part of an eastern culture. This habit gradually became the real seed of corruption. The practice of corruption has been so great in coloring the everyday life of the Indonesian nation. Regarding M. Hatta's opinion, corruption in such a situation is already regarded as a nation's culture. In this research try to analyze the Operation Hand Capture (OTT) conducted by Tim Saber Pungli Subnit Tipikor Polrestabes Medan whether can be made as effort eradication and prevention of corruption, or not. The short chronology of OTT Tim Saber Pungli Subnit Correctional Polrestabes Medan in the Implementation Unit Weighing Motor Vehicles (UPPKB) / Timbang Bridge Sibolangit, Deli Serdang District, Jamin Ginting Road Bandar Baru Village, Sibolangit Subdistrict, Deli Serdang Regency, North Sumatra Province.   Keywords : Operation Hand Capture; Corruption; and Polrestabes Medan.
PENERAPAN PASAL 55 UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI DI UNIT PPA SAT.RESKRIM POLRESTABES MEDAN) Gabriellah Angelia Gultom; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Domestic Violence is not a new thing. Moreover the issue of Domestic Violence (KDRT) concerns also the issue of human rights. The existence of domestic violence can be caused by the lack of respect in fulfilling basic human rights. These basic human rights include equal rights and obligations within the law. The criminal acts of domestic violence committed by a husband to his wife or otherwise are often regarded as common in a family. Usually if there is domestic violence, both the perpetrator and the victim cover it. Because it would be considered a disgrace for their family. In fact, the act of violence is an act that violates the law and of course the perpetrators may be subject to criminal sanctions set forth in Law no. Law No. 23 of 2004 on the Elimination of Domestic Violence. All forms of domestic violence, in the event that the proof is stipulated in Article 55 of the PKDRT Law, which provides that as a valid evidence, the testimony of a victim witness is enough to prove that the defendant is guilty, if accompanied by a valid evidence others. This means that even the victim's witnesses who testified that he or she experienced domestic violence by their husbands or wives plus a valid evidence, the husband or wife as perpetrators can be held accountable in criminal cases. In addition to being added with one piece of evidence, domestic violence should be done within the scope of the household. Keywords : Criminal Act; Domestic Violence; and Polrestabes Medan.   PENDAHULUAN
TINJAUAN YURIDIS TERHADAP KEWENANGAN KPK DALAM PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA KORUPSI Muhammad Ilham; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The criminal act of corruption is an extraordinary crime so that Indonesia forms a KPK given a special task to eradicate corruption. After the KPK was formed, Indonesia had 3 (three) institutions tasked with eradicating corruption, namely the Police, the Attorney General's Office and the KPK. The authority of the Corruption Eradication Commission in conducting investigations and prosecutions of corruption crimes is different from other institutions so that this study discusses the authority of the Corruption Eradication Commission in conducting investigations and combating corruption. This study discusses 3 problem formulations, namely (1) the form of KPK's authority on investigating cases of corruption in law enforcement; (2) the form of KPK's prosecution authority in an effort to tackle criminal acts of corruption; (3) the efforts of the KPK in tackling corruption. The results of this study indicate that (1) the authority of the Corruption Eradication Commission on investigating corruption cases comes from the Criminal Procedure Code and Corruption Law where the Criminal Procedure Code is lex generalis and the Corruption Act is lex specialis and the Corruption Eradication Commission Law which is sub-specialist (2) the authority of the Corruption Eradication Commission against prosecution of criminal cases corruption comes from the KUHAP, the Corruption Act, the Prosecutor's Law and the KPK Law. In this case, the authority of the Criminal Procedure Code is lex generalis, the investigative authority in the Corruption Act is lex specialis compared to the Criminal Procedure Code, and the KPK Law is lex specialis compared to the Corruption Law; (c) Efforts to tackle criminal acts of corruption are carried out by the KPK by carrying out (a) prevention efforts; (b) Enforcement efforts in the form of investigation, investigation and prosecution of corruption committed by the KPK, coordination and supervision with the Police and the Attorney General's Office to conduct investigations, coordination and supervision with the Prosecutor's Office to prosecute corruption; (c) Efforts to monitor state administration. Keywords: Prosecutor's Office, Police, KPK, investigation, prosecution
PEMIDANAAN PELAKU USAHA DAN/ATAU KEGIATAN TANPA IZIN LINGKUNGAN (STUDI PENYIDIKAN DIWILAYAH HUKUM POLRESTABES MEDAN) Prastiyo Triwibowo; Alvi Syahrin; Syamsul Arifin; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Implementation of criminalization through mechanism of criminal justice system so as to criminalize business actors and / or activities that are naughty proven to carry out business and / or activity without being equipped with environmental permit which has been obliged in accordance with the law. One of the instruments in an effort to prevent the occurrence of pollution and environmental damage is the environmental permit, as stipulated in Article 1 Number 35 of Law Number 32 Year 2009 on Environmental Protection and Management which further regulated in Government Regulation Number 27 Year 2012 on Environmental Permit. With the existence of Law Number 32 Year 2009 0n Environmental Protection and Management has obliged buiness actors who are required Amdal and UKL-UPL shall have environmental permit. The enforcement of environmental permits in accordance with Government Regulation Number 27 of 2012 likens environmental documents before this Government Regulation as an environmental permit and after this Government Regulation shall be an environmental license. As one of the problems in this research is how the legal arrangement of business actors and / or activities related to environmental permit. The method of research to be conducted in this thesis is normative juridical research. This study was conducted to examine previous studies on legal principles regarding criminalization related to environmental permits. Based on the description above can be concluded that legal arrangements related to environmental permit are contained in article 1 point 35 UUPPLH and article 1 PP. No. 27/2007 concerning environmental permit is a license granted to any person conducting business and/or activity of Amdal or UKL-UPL obligatory in the framework of environmental protection and management as a prerequisite to obtain business license and/or activity.   Keywords: Punishment, Environmental Permit, Business actor or activity.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN DESERSI (Studi Putusan Pengadilan Militer Nomor 198-K/PM I 02/AD/X/2017) Nanang Tomi Sitorus; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Desertion is a crime that is specifically done by the military because of a legal fight and are contrary to the law, in particular the military criminal law. Enforcement of military discipline regulations of law discipline soldiers, where the regulations restrict all movement and behavior of soldiers. However, in practice, how strict the rules does not make the TNI soldiers dutifully, even likely to violate. This is still a lot of soldiers of the indonesian military who often unity on each felony desertion. The crime of desertion is common in military life, especially in the region of Kodam I Bukit Barisan, recorded in the year 2016 the number of perpetrators of crimes of desertion was litigated and 36 in the year 2017 totaled 6 things. The crime of desertion that often occur in the region of Kodam I Bukit Barisan are the crimes of desertion in time of peace, where the crime was committed when the country in peace and not in a State of war. The implications of this frequent desertions crime, poses a very significant influence especially against TNI soldiers on duty at the border in urban as well as remote areas, so that these influences can undermine mental and the personality of the TNI soldiers and damaging a military life joints and the image of the air force. The methods used in this research is the juridical normative legal research methods, i.e. a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of primary legal materials from secondary as scientific books, legislation, court decision I-02 Military terrain and data obtained by accessing the internet related to this research. The judicial process against the defendants on behalf of private first class Butar-Butar Suryadi Ahmad was held in a military Court I-02 Field. The process starts from the level of investigation by military police Subdenpom-I/1-4 Range, the submission of case by Danrem-022/PT as an officer of Subsmisson a cases, a military judge advocate (Requisitoir) as a public prosecutor and the judge's Verdict in the trial. The process of the trial is that the defendant is declared guilty of convincing has been conducting a legitimate absence without permission from superiors or desertion in time of peace as provided for in Article 87 paragraph (1) of the 2nd verse junto (2) Book The Act Of Military Criminal Law (KUHPM). Criminal liability against the defendant, by the Military Court judge I-02 Field in the form of criminal sanctions subject matter i.e. imprisonment for 5 (five) months and additional criminal was dismissed from military service. Keywords: Criminal Liability, The Indonesia National Army, Desertion.
PENERAPAN DIVERSI DAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM SISTEM PEMIDANAAN DI WILAYAH HUKUM DELI SERDANG (Studi Penetapan Pengadilan Negeri Lubukpakam No. 8 Pid.Sus-Anak/2017/PN-LBP) Eva Santa R Sitepu; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Determination of the Lubukpakam District Court No. 8 Pid.Sus-Anak/2017/PN-Lbp is one example of the success of diversion at the court level in Lubukpakam. Diversion in the Deli Serdang jurisdiction tends to be successful at the court level compared to the level of investigation and prosecution. This is because the diversion carried out aims to maximize the best interests of the child.   Keywords: children, diversity and best interest
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