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Madiasa Ablisar
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
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PENERAPAN SISTEM PEMBUKTIAN OLEH HAKIM DALAM PROSES PEMERIKSAAN PERKARA TINDAK PIDANA PENCUCIAN UANG Yona Lamerossa Ketaren; Bismar Nasution; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The proceedings of money laundering actors initially place the proceeds of crime into a financial service provider such as a bank, then transfer between different accounts, and spend money on proceeds of crime to purchase goods. The most important principles in the proof of money laundering crime are the presumption of innocence to prove the defendant's crime and reverse proof. The application of a reversed verification system for criminal acts of money laundering in court is not applied independently to blame the defendant or his assets / assets involved in money laundering. The money laundering law still requires sufficient evidences to be required, which means that a minimum of two valid evidences are required. The obligation of the accused to prove that pursuant to Article 77 of the Money Laundering Law related to the element of "knowing" or "to be expected" is an additional requirement for the judge in bringing the verdict.   Keywords  : Evidence; Money Laundering; and Implementation of Proof Reversed.
PERTANGGUNGJAWABAN PIDANA TERHADAP DIREKSI YANG TELAH MELAKSANAKAN PRINSIP KEHATI-HATIAN DALAM BUMN PERSERO (STUDI PUTUSAN MAHKAMAH AGUNG NO.417K/PIDSUS/2014) Dezky Muji Setyo; Madiasa Ablisar; Mahmul Siregar; Sunarmi Sunarmi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the result of the research, it can be seen that there is no firm regulation in the Law of Limited Liability Company and State-Owned Law concerning the standard of prudence and good faith standard for the directors in the management of BUMN. The law only describes the duties and obligations of the Board of Directors which will incur legal liability not only from the aspect of civil law but also from the side of the criminal law if it is proven that the Board of Directors performs any acts deviating from its legal obligation in managing the Company that harms the Company. However, the board of directors may also defend against itself through the principle of business judgment rule if it can prove that in carrying out its duties and obligations do not deviate from the law and articles of association of the company and implemented based on the principle of prudence in good faith and honest so that the loss on the Company Not caused by mistakes or omissions caused by the directors themselves. Keywords: criminal responsibility, board of directors, prudential principles, state-owned enterprises
PEMBERIAN RESTITUSI SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA PERDAGANGAN ORANG Rini Anggreini; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT   One of the forms of conflicts encountered in the community is the crime of human trafficking which can be categorized as modern slavery. Children who became victims of the criminal acts of trafficking such person need to be protected because a criminal offence against a child not only cause physical or psychological suffering that affect the growing of cotton and the quality of life of the child but also raises materially disadvantage or immateriil. Basically there are forms – form or model protection can be given to children as victims of trafficking which one is granting Restitution. There are rights that are owned by children of various legal instruments and rules that exist. The fulfillment of the rights of the child is also the protection of the law as an attempt to advance the child if the child is a victim of a criminal offence. One of the efforts of the legal protection and rights that is owned by a son who became a victim of a criminal act is a right to obtain restitution. In the Presidential Regulation Number 43/2017 about implementation of Restitution for child as a crime victims set up one about the mechanism of filing the Restitution. Filing a restitution mechanism can be divided into two stages, namely submitted at the stage of investigation and prosecution. In addition the application for restitution can also be submitted following the verdict of the Court. Various barriers or legal issues are still found in the Presidential Regulation Number 43/ 2017.   Keywords               :  Restitution, legal protection, children, Human Trafficking
ANALISIS YURIDIS PENANGANAN PERKARA TINDAK PIDANA PENCUCIAN UANG OLEH KORPORASI (ANALISIS TERHADAP PERMA NO. 13 TAHUN 2016 TENTANG TATA CARA PENANGANAN PERKARA TINDAK PIDANA OLEH KORPORASI) Sahbana Pilihanta Surbakti; Bismar Nasution; Budiman Ginting; Madiasa Ablisar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of rules of the Supreme Court (PERMA) No. 13 of 2016 On The handling of the matter a criminal offence by the Corporation (then known as Perma 13) was issued on the grounds that the Corporation as an entity or a legal subject its presence gives great contribution in enhancing economic growth and national development, but in reality the Corporation may also conduct various criminal acts (corporate crime) that carries the impact of losses against the State and society, that in fact the Corporation can be a place to hide the wealth of results the criminal act untouched legal proceedings in criminal liability (criminal liability). That many laws in Indonesia put the Corporation as the subject of a criminal offence may be subject to liability, but corporate law with the subject matter presented in criminal proceedings is still very limited, one of the reasons are the procedures and the procedures for inspection of the Corporation as the perpetrator of the crime is still unclear, it is therefore deemed necessary the presence of a guide for law enforcement officers in the handling of criminal cases committed by the Corporation. As for that being that became an issue in the formulation of the research is How the settings of the crime in the field of money laundering based on law No. 8 of 2010 About money laundering. This form of accountability for perpetrators of Crime money laundering according to law No. 8 of 2010 after the promulgation of the Perma No.13 of 2016 On The handling of the matter a criminal offence By the Corporation. Supreme Court rule number 13 of 2016 and use the approximation of legislation (the statute approach) of Act No. 8 of 2010 About money laundering. When examined related Arrangements in the field of money laundering crime under law No. 8 of 2010 Concerning the prevention and eradication of the crime of money laundering is arranged starting from article 3 up to article 9 of law No. 8 of 2010 on prevention and The Eradication Of Criminal Acts Of Money Laundering. PP TPPU article 6 of the ACT clearly states that a requirement can be dipidananya a corporation based on the crime of money laundering as referred to in article 3, article 4 and article 5, performed by the Corporation. takeover of the Corporation by the State of criminal with a replacement with the seizure of assets.   Keywords: Corporate, criminal act of money laundering, the Supreme Court Rules.
PENERAPAN UNDANG-UNDANG NO. 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN TINGGI SUMUT Taufik Taufik; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT For a Public Prosecutor (JPU) it is not easy to verify the indictment in the corruption case in the court, especially in the case of corruption, the evidence and the witnesses are numerous, it requires a team to do so. It takes courage, intelligence, professionalism in performing the proofing process, such as summoning witnesses, summoning experts, showing presenting evidence of letter and other evidence in front of the trial. The whole process of the trial required a skill. In addition to proving the indictment, in the case of handling corruption cases, the public prosecutor should also make every effort to recover the state's financial losses. In the case of Corruption, the public prosecutor has the right to give an indictment, but when viewed in the current corruption cases the public prosecutor often neglects and weakly performs duties and authority in the case of indictment. In the case of criminal acts of corruption, sometimes the public prosecutor is less assertive in giving indictments and processing cases of corruption. The emphasis of indecision here can be seen from the prosecutor's charges that are handling corruption cases, never using money laundering offenses in the indictment. Actually, Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime (hereinafter referred to as "TPPU Law") has been enacted since October 22, 2010 which aims to make the state financial loss so great that it can be returned to the state. Therefore, there is no weakness in the legislation in Indonesia to ensnare the perpetrators of corruption. The device already exists only live snared alone. The perpetrator of a corrupt crime must return all the proceeds of his crime to the state. Keywords : money laundering; corruption; high attorney office of north sumatra.
PENEGAKAN HUKUM PENETAPAN TERSANGKA YANG BERASAL DARI PUTUSAN PRA-PERADILAN (STUDI KASUS PUTUSAN NO. 24/PID.PRA/2018/PN.JKT.SEL) Yoyok Adi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the Criminal Procedure Code, it is indeed regulated regarding control over the implementation of forced efforts by law enforcement officials, namely through pretrial institutions, specifically and limited to Article 77 of the Criminal Procedure Code. However, based on Republic of Indonesia's Constitutional Court Decision No. 21 / PUU-XII / 2014, dated 28 April 2015 that the validity of the Determination of Suspects, searches and seizures is part of the pre-trial authority. As the object of study and analysis in this study will discuss a case study of the Pre-Judicial Decision of the South Jakarta District Court No. 24 / Pid.Pra / 2018 / PN.JKT.SEL. The verdict was a pre-trial ruling filed by the Anti-Corruption Society (MAKI) related to the Century Bank corruption case which attracted the attention of many people both from anti-corruption activists and law academics even the wider community also gave great attention. Based on the foregoing, then as for legal issues in this study, namely: legal considerations regarding the order to carry out an investigation and assign a suspect in a criminal act of corruption against a person based on the Pre-Judicial Decision of the South Jakarta District Court 24 / Pid.Pra / 2018 / PN.Jkt.Sel., Associated with the authority of pre-trial institutions; the obligation of the investigator to order to carry out investigations and determine suspects based on pretrial decisions in corruption; and whether the pre-trial ruling that states that someone is involved in a criminal act of corruption can be used as preliminary evidence that a person can be made a suspect in a criminal act of corruption, or not. KeyWords : law enforcement; determination of the suspect; and pre-judicial decisions.
PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA DALAM MASA REHABILITASI (Studi Putusan Pengadilan Negeri Lubukpakam No. 1995/PID.SUS/2017/PN.LBP) Kharisma S Ginting; Alvi Syahrin; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Decision of the LubukPakam District Court No. 1995/Pid.Sus/2017/PN.Lbp dropped in accordance with the demands of the public prosecutor, guilty of violating article 112 paragraph (1) of Law no. 35 of 2009 on Narcotics should be known to be in the rehabilitation period of the narcotics then the judge handed down the rehabilitation decision in accordance with Article 103 paragraph (1) of Law no. 35 of 2009 on Narcotics does not impose a prison sentence accompanied by a fine. Therefore, it is necessary to examine the rule of law concerning narcotics abuse and drug abuse victims against people in the rehabilitation period. Criminal liability for the misuse of narcotics during the rehabilitation and punishment against abuse of narcotics during rehabilitation at the decision of LubukPakam District Court. 1995/Pid.Sus/2017/PN.Lbp. Keywords: Addiction, Abuse and Rehabilitation
Tanggung Jawab Korporasi Dinas Kebersihan Atas Pengelolaan Sampah Berdasarkan Undang-Undang No. 18 Tahun 2008 Tentang Pengelolaan Sampah Jennifer Jennifer; Alvi Syahrin; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law. Keywords : waste management, corporate liabilities
Tanggung Jawab Kejaksaan Terhadap Pengembalian Kerugian Keuangan Negara Oleh Pelaku Tindak Pidana Korupsi Teddy Lazuardi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In principle, the return of state financial losses by perpetrators of corruption is far more beneficial than punishing the perpetrators. Jampidsus Circular Number B-1113/F/ Fd.1/ 05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases, and Jampidsus Letter Number 765/F/Fd.1/04/2018 concerning Technical Guidelines for Handling Criminal Cases Corruption The Investigation Stage is a form of prosecutor's discretion which prioritizes the return of state financial losses because it can be useful for the inclusion of a budget for the receipt of state expenditure through non-tax state revenues from prosecutors. The problem raised in this research is how is the legal basis of the Republic of Indonesia's Attorney General's Office in making policies related to handling and settling cases of corruption in Indonesia, the authority possessed by investigating prosecutors towards relatively small perpetrators of corruption in the case of criminal offenders restore the state's financial losses and the responsibility of the investigating prosecutor in carrying out discretion against the perpetrators of corruption in the case of small amounts of state financial losses. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.   Keywords: Responsible, Returns, Losses, State Finance.
Pidana Cambuk Terhadap Pelaku Tindak Pidana Maisir di Wilayah Hukum Aceh Radian Putra; Madiasa Ablisar; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Indonesia, Aceh is the only province or territory to which makes the Islamic legal norms into Qanun, which applies since the year 2003. Qanun is meant is 12/2003 Number of Alcohol Qanun, Qanun 13/2003 Number of Maisir, Qanun and 14/2003 Number of Seclusion. The third position is legally the qanun is getting sturdier after the promulgation of Act No. 11/2006 of the Government of Aceh (BAL). Then the third the Qanun was replaced with the 6 year Number 2014 Qanun About Jinayat. Among the powers granted to Aceh by the legislation in the field of criminal law is the authority to include basic, forms, levels, limits, properties, and equality between different criminal legislation in force in Indonesia. The form of punishment whip was a form of punishment in the new legislation expected Indonesia could reduce the crime rate or breach of Shari'ah in Aceh. The principle of Islamic law in fact Jinayah him include the management and those settings is to create a sense of security and benefit for the community as well as the certainty of his upright God's law in the Earth Kingdom. Although the implementation of Islamic Sharia in Aceh is far from pristine, but the business as well as the wishes of the people of Aceh for safely syari'atau has reached the point of light and progress gradually, although it is indeed very difficult to run it kaffah . There is a fundamental difference against the application of the penalty of flogging in Aceh with the application of the penalty of flogging according to jinayah i.e. in terms of the number of lashes. This difference is caused due to the application of Islamic Sharia in Aceh has not fully reference such as what is taught in the religion and Islamic Sharia in Aceh implementation is done gradually and still in testing or rudimentary   Keywords: Qanun, A Criminal Offence, Maisir
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