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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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Pertanggungjawaban Tindak Pidana Kelalaian Lalu Lintas Oleh Anak yang Menyebabkan Orang Lain Meninggal Dunia (Studi Putusan Pengadilan Negeri No.212/Pid.B/2013/PN-PMS) Jimmy Fernando Dapot Sianturi; Alvi Syahrin; Madiasa Ablisar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Criminal acts of negligence is a form of criminal acts with the error in the form of negligence. Error in omissions occur if the perpetrator does not use ability assets when that ability should be used.This research is to find out how the children criminal liability in the case of traffic accidents that certainly should pay attention to the best interests for the child. Keywords: Negligence, Children, Criminal Liability
Penegakan Hukum Pidana Terhadap Penyalahgunaan Senjata Api Pasca Perdamaian Di Aceh : Studi Di Wilayah Hukum Kepolisian Resor Aceh Timur Muhammad Iqbal Rozi; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The issue of the misuse of firearms in East Aceh after peace in Aceh is equally important for us to examine, namely regarding the issue of legal violations or criminal acts which after peace in Aceh there were many criminal acts of misuse of firearms, which occurred in several districts / cities in the province of Aceh, because many firearms left behind conflict or belonged to former combatants of the Free Aceh Movement who were still circulating freely in the midst of the community. Legal regulations governing the misuse of firearms, namely Law Number 8 of 1948 concerning Registration and Granting of Firearms Use Permits, Emergency Law Number 12 of 51 concerning Firearms, Perpu Number 20 of 1960, National Police Regulation Number 18 of 2015. Law enforcement carried out by the East Aceh Resort Police against perpetrators of firearms abuse starts from the stage of law enforcement at the level of investigation, the process of law enforcement at the level of investigation, the process of arrest, prosecution and enforcement processes in the trial. The constraints faced by the East Aceh police are weak supervision, lack of information from the community, constraints on the legal structure and legal culture of the community. While the efforts made by the East Aceh Resort Police to combat post-peace firearms abuse in Aceh were the first internal factors, among others, efforts to improve cooperation to obtain information, efforts to overcome human resource constraints, efforts to overcome legislative obstacles. The second external factor attempts to overcome the lack of community roles and efforts to overcome geographical constraints.   Keywords: Criminal Law Enforcement, Abuse of Firearms in East Aceh
Kebijakan Kriminal Penanggulangan Kejahatan Yang Mempergunakan Media Sosial Sebagai Sarana Untuk Melakukan Kejahatan Terhadap Anak Pantun Marojahan Simbolon; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Criminal policy of tackling crimes against children, upload videos, or photo or negative content involving children in social media isn't enough with law No. 35/2014 jo. Act No. 23/2002 On child protection, even the presence of Act No. 11/2008 (UUITE) considered incapable of tackling crimes against children as victims in social media.  How does the subtantif policy governing crime prevention through social media as a means of committing a crime against a child, and how policy aplikatifnya, as well as tackling crime that must be done for protecting children from crime in social media. This type of research is normative, descriptive nature and preskripsi. Qualitative data analysis. Analyzing the problems of the approach of legislation (statutes aproach) and approaches (case aproach) case, not a case study or study the Court ruling. This thesis does not examine the Court ruling but described various cases ever to appear on social media about crimes against children. Policy subtantif within the UUITE that govern countermeasure of crimes against children as victims through social media still contains the classic policy model. Criminal threats on Article 45 paragraph (1) UUITE a maximum of six years is not proportional to its effects, and do not provide an alternative to other sanctions. Maximum fines or criminal sanctions, there is no minimum, so that the open space of the overthrow of the wounding a sense of criminal justice. Crime prevention policies applicable also tend to give priority to criminal proceedings. On the one hand the offender threatened/punished weighing-weigh according to article 52 paragraph (1) and section 45 subsection (1) of ACT No. 11/2008, whereas the deed the perpetrators according to law No. 35/2014 jo. Act No. 23/2002 can be resolved are versioned to find the main principles of restorative justice for the best interest for the child, not simply give priority to criminal proceedings. Subtantif policy in law No. 11/2008 should have threatened more weight than criminal threats in Act No. 35/2014 jo. Act No. 23/2002 to quell crimes against children in social media. Every child matters policies applicable in social media should pay attention to the child's best interests, rather than giving priority to different settlement matters child as a victim of criminals in social media through the process of criminal law. The policy countermeasure of the crime that must be done to protect children from the evils of distributing video, photo, or negative content in social media is to combine the efforts of the penal penal and non integrated as a the effort could not be separated in criminal policy.   Keywords : Criminal Policy, Crimes Against Children, Social Media,.
Perampasan Aset Tindak Pidana Pencucian Uang yang Tidak Berasal dari Hasil Tindak Pidana : Studi Putusan Mahkamah Agung RI No. 669K/Pid.Sus/2017 Agusta Kanin; Madiasa Ablisar; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the practice of appropriation of assets of criminal acts through the anti-money laundering law instrument, there has been seizure of assets that have absolutely no assets in relation to the original crime and have also been proven by the defendant. This is stated in the Republic of Indonesia Supreme Court Decision No. 669K / PID.SUS / 2017 has confiscated the assets of the defendant who did not come from a predicate crime of narcotics. In addition, imposing a penalty on the defendant with imprisonment for 13 (thirteen) years and a fine of Rp. 10,000,000,000 (ten billion rupiah) of subsidies 1 (one) year in prison. The assets confiscated consisted of movable objects in the form of trucks and immovable objects in the form of waste processing plants. All of the defendant's assets were declared to have been seized for the state. This study tries to analyze how the legal effort that must be taken by the defendant in defending his assets that do not come from a criminal act. The interesting thing to be studied and analyzed is regarding the deprivation of assets resulting from narcotics crime, whether by criminal, civil or administrative. Furthermore, regarding the legal remedies taken by the convicted person to file legal remedies if there are assets that do not originate from narcotics crimes, the court's decision states that the assets were seized for the state.   Keywords : deprivation of assets; money laundering crime; and the results of narcotics crime.
Perlindungan Hukum Terhadap Justice Collaborator Dalam Hukum Pidana di Indonesia : Analisis Putusan Mahkamah Agung No. 2223K/Pid.Sus/2012 Muhammad Iqbal Lubis; Syafruddin Kalo; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Corruption is detrimental to the country's socio-economic and financial community. Criminal acts of corruption had a tendency of done more than one person.  Criminal acts of corruption that has been caught by the corruption eradication Commission (KPK) has the constraint to uncover and arrest those who have committed criminal acts of corruption due to lack of information or data. Then munculah the idea of Justice Collaborator (JC) who first became known in America in 1970-an idea that is working to reveal the masterminds of major criminal acts of corruption with the convicted person criminal acts of corruption. A key role that belongs to the justice collaborator among others to uncover a criminal act or an impending criminal acts, so the return on assets from the proceeds of a criminal act can be achieved to the State. Research methods used in this research is descriptive analytic in nature, i.e. the data analysis used in the legal materials in the study will be conducted in a qualitative and comprehensive analytical data primary and secondary, this type of research is the normative legal research, collection of data used in this research is to include research libraries (Library Research). In addition to complete secondary data, primary data is also supported. Presence of Justice Collaborator in the process of investigation, investigators and Investigators by itself can be helped in uncovering the facts and find the material that originally covered became ablaze. The existence of the White Blower and Justice Collaborator in this step is helping police in the search for and find the facts related to the crime before the evil done and after crimes were committed. Countries through the Agency of protection of witnesses and victims (LPSK) is obligated to provide protection if needed. According to the above law the so-called protection is all the efforts the fulfillment of rights and the granting of aid to provide a sense of security to the witnesses or the victim must be carried out by the LPSK or any other institution. Application of Justice Collaborator has been set at SEMA No. 4 Year 2011 about Treatment For Reporting Crime (Whistle-blowers) and witnesses the Perpetrators Cooperate (Justice Collaborators) in Matters criminal acts of corruption. The defendant here because it has helped the party investigation got remission of prison for 28 months. This form of remission awards because thanks to the accused parties of investigation get other suspects to the detriment of the nation. Keywords: legal protection, justice collaborator, criminal law
Upaya Satuan Narkoba Polrestabes Medan Dalam Menanggulangi Tindak Pidana Narkotika Melalui Aplikasi “Polisi Kita” Nur Istiono; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In an effort to combat drug offenses by the Indonesian National Police (Polri), the Medan Polrestabes has launched a mobile application called "Our Police". The application is in response to the development of information technology and the high number of mobile users by the public. So that the existence of these applications is expected to minimize crimes that occur in the community, including illicit drug trafficking. Basically, for the community users of the application can easily report the illicit circulation of narcotics to Medan Polrestabes Officers to be forwarded to officers in the field to check the truth of the report. The use of the "Police Us" application is Polri's service to the community based on technology and knowledge (Technology and Knowledge Based). All units and units in the Medan Polrestabes are as much as possible in using technology and information in accordance with the demands of their duties. The "Our Police" application launched by the Medan Polrestabes is still something new. Therefore there are still many problems that arise in their use.   Keywords :     narcotics, medan polrestabes,  application of “Polisi Kita”.
Sistem Pembinaan Anak Binaan di Lembaga Pembinaan Khusus Anak (LPKA) Klas I Tanjung Gusta Medan Sari Kartika Sembiring; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The System of Practice embraced by Indonesia, regulated in Law No.12 of 1995 on Correctionalism gives meaning to the development of "Penitentiary System" sourced and based on Pancasila and the 1945 Constitution, which provides a strong legal basis in establishing the implementation of "Penitentiary System "Which has been used to nurture and support prisoners since 1964, to replace the prison system. This research uses normative juridical legal research methods supported by empirical. The normative-empirical approach is based on direct experience or observation to see and tack on some sociological issues concerning the principles of law, legal doctrines, rule of law and legal system. Field study is a procedure performed with observation activities, interviews (interview) to the research response as an effort to collect various data and iformasi needed in accordance with the problems discussed in the study. The guidance system carried out in LPKA Class I Tanjung Gusta Medan has been well implemented but the  implementation is not effective due to overcapacity or overpopulation. LPKA's task is to provide guidance to assisted children. This guide is provided with attached description of the process and stages of fostering. Obstacles and efforts in the implementation of the guidance of the guidance children in LPKA Class I Tanjung Gusta Medan is the lack of facilities and infrastructure in the process of coaching, prison students beyond the tamping power, lack of budget (fund), limited number of personnel officers in LPKA environment.   Keywords: guidance, child development, penitentiary
Aspek Hukum Pidana Pungutan Liar Terhadap Pelaku Tindak Pidana Korupsi : Studi di Kepolisian Daerah Sumatera Utara Yosua T.R. Panjaitan; Madiasa Ablisar; Edi Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Wild charges or abbreviated with the imposition of fees or pungli is asking for money forced by someone to another person which is the practice of crimes and breaking the law. Many people who complain and harmed by the presence of wild charges and not official just for personal interest or group. Pungli had damaged public order and cause mistrust of the community to the Government. Pungli practices within the bureaucracy caused by weak oversight and supervision among government agencies, although a number of internal and external oversight agencies has been in the form of bureaucratic culture among pungli, failed to diminish let alone eliminated. Article 1 step 5 law No. 8 of 1981 Year Book of the law of criminal procedure (CODE of CRIMINAL PROCEDURE), the investigation is a series of actions of investigators to search for and find an event that is thought to be a criminal offence in order to determine which can be or whether by way of investigation conducted under the Act. Task force saber in the response of wild charges criminal acts, then there are knowable constraints faced by UPP/task force on Clean Sweep Wild Levy, thus causing activities do not run in maximum or become less effective. barrier to coordination is the attitude of the law enforcement officers of the nonprofit agency centric i.e. each agency behaved he is the most powerful and most decisive so grow indifferent attitude towards the implementation of countermeasures of follow-up criminal saber pungli   Keywords: Wild, The Levy Investigation, The Perpetrators Of The Crime Of Corruption
Penerapan Sanksi Pidana Adat Terhadap Pelaku Zina Di Wilayah Kabupaten Padang Lawas Utara Rahmat Syaputra; Madiasa Ablisar; Agusmidah Agusmidah; Marlina Marlina
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the principle of legality in national criminal law, namely customary criminal law still remains to reveal its figure and existence as a law that lives in society (the living law). The rules of customary criminal law in some areas are still followed and adhered to by their indigenous peoples. Violation of the rules of customary criminal law is still seen as something that can cause shock and disturb the cosmic balance of the community, for the offender will be given customary reaction in the form of customary sanctions by the community.The purpose of this study is to examine and analyze legally how to regulate customary crimes for adulterers in North Padang Lawas Regency; to know and analyze legally the application of customary criminal sanctions against perpetrators of adultery in the North Padang Lawas Regency; To examine the authority of adat leaders in completing zina criminal acts in the North Padang Lawas Regency. This type of research is empirical legal research with data collection techniques for interviews with traditional leaders and elders in North Padang Lawas district.Customary criminal law regulation in North Padang Lawas Regency against customary sanctions against zina criminal acts in North Padang Lawas district is a social act committed by a person or group of men between men and women outside of marital ties that violate moral norms, then the act is deemed as an act of adultery according to customary law in North Padang Lawas Regency. Associations that violate the norms of normalization referred to in customary law in North Padang Lawas Regency are social norms for men and women that have been implied in customary law. in the form of Sappal Dila, a type of punishment that requires the perpetrator to cut a goat or buffalo / ox by inviting a person to eat a village to make an apology. The application of customary criminal sanctions against the perpetrators of adultery in North Padang Lawas Regency was imposed by the customary chief, Raja Panusunan Bulung and Raja Pamusuk after holding a traditional meeting attended by Mr. Namalim (religious figure), Datu (health physician), Pangatak-pangetong / rokkaya (the host as well as the clerk), Panyujukon burangir (carrier of betel leaf), Halak na di Huta (community in the village) as well as witnesses who have been prepared;Authority of customary leaders in completing criminal acts of adultery in North Padang Lawas Regency, namely based on the provisions of Article 5 paragraph (3) of Law Number 1 of 1951 concerning Temporary Measures to Organize Unity in the Structure of Civil Judiciary and Procedure is the basis of the authority of the elders adat in addressing customary crimes against perpetrators of the zone in North Padang Lawas Regency.   Keywords: indigenous criminal sanctions, criminal acts, adultery
Pelaksanaan Peraturan Pemerintah Nomor 48 Tahun 2008 Tentang Pendanaan Pendidikan Terkait Pungutan Sekolah Pada Sekolah Menengah Negeri Di Medan Jimmy Carter A.; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The legal basis for implementing levies is Article 51 PP Nmor 48 of 2008 number (5) letter c No 48 of 2008 concerning Education Funding which must follow the provisions stipulated in Article 52 of Government Regulation Number 48 of 2008 concerning Education Funding. Levies outside the provisions of legislation constitute illegal levies that have criminal sanctions depending on the case by case that occurs. The forms of levies in State High Schools in Medan are called School Fees or often called SPP in accordance with Government Regulation No. 48 of 2008. Some Medan Senior High Schools are still carrying out levies outside of school fees such as Research, School Sports Week, Christmas Money, Retreats, Study Tours , Qurban, Teacher's Day, Pool Money, LKS book money, Class Cash, Principal Cup, Farewell, etc. PP 48 of 2008 has not been fully implemented in the State High School in Medan. The implementation of PP 48 of 2008 is still experiencing problems, namely chaos that occurs during meetings / deliberations between Schools, School Committees, and other stakeholders.   Keywords : education funding, levies
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