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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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Pendekatan Hukum Terhadap Peredaran Gelap Narkotika Melalui Pendekatan Follow The Money Sugeng Riyadi; Bismar Nasution; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Generally, TPPU is carried out in the banking sector. The form is that the perpetrators of criminal acts try to hide or disguise the origin of assets that are the result of criminal acts in various ways so that the assets resulting from crime are difficult to trace by law enforcement officials so that they freely utilize these assets for both legal and illegal activities. Money laundering activities almost always involve banks because of the globalization of banks so that through the payment system, especially those that are electronic (electronic funds transfer), the proceeds of crime that are generally large amounts will flow or even move beyond national borders by utilizing the bank's confidential factors that are generally upheld high by banking. In this study, an example of a case that has permanent legal force will be raised, namely: Medan District Court Decision No. 1738/Pid.Sus/2016/PN.Mdn., Dated 28 June 2016 An. Defendant Abdul Jalil; and Decision of the Medan District Court No. 1995/Pid.Sus/2017/PN.Mdn., Dated November 1, 2017 An. Defendant Mursalin Alias ​​Salim. North Sumatra Police investigators conduct financial analysis of the accounts concerned. It turned out that a significant flow of funds was found to Abdul Jalil from the suspect An. Mursalin Alias ​​Salim. Efforts to strengthen the legal framework in the field of investigating money laundering is one of the efforts to prevent Indonesia from re-entering the NCCT's list issued by FATF. Investigation of money laundering by using the follow the money method is expected to increase the disclosure of cases of money laundering crimes that occur in Indonesia, especially regarding narcotics criminal action.   Keywords : law enforcement; illicit narcotics circulation; and the follow the money approach.
Hukuman Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Berdasarkan Ketentuan Undang-Undang Nomor 17 Tahun 2016 Jamaluddin Jamaluddin; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Sexual violence in children is a form of child abuse in which adults of teenagers abused a child for sexual stimulations. Almost all cases reveal that the perpetrator of sexual violence is the victim’s close relatives, such as biological parents, step parents, uncles, teachers, and neighbors. Based on the above problem, the problem of this thesis is as follows. How is the provision of criminal sanctions against the perpetrators of moral offenses according to Law No 17/2016. This case has encouraged the establishment of provisions based in the Law No. 17/2016. The regulations on castration penalty are stipulated in Article 81 paragraph (7) as referred to in paragraphs (4) and (5) stating that the perpetrator is sentenced with castration by chemicals accompanied with rehabilitations. Chemical castration is the injection of anti testosterone substance into males to reduce testosterone hormone, most of which is produced by lydig in testis. The provisions of a witness of chemical castration penalty are stipulated in the Law No. 1/2016 on the Second Amendment to the Law No. 23/2002 on Child Protection becoming the Law No. 35/2014. Article 81 paragraphs (1) until (8), 82, and 81A of the Law has an additional penalty for the perpetrator, one of which is the castration penalty to the perpetrator of sexual violence to undergo children.   Keywords : chemical castration penalty, sexual violence in children
Analisis Hukum Terhadap Keadilan Secara Musyawarah Mufakat Dalam Penyelesaian Perkara Pidana di Tingkat Kepolisian : Studi Surat Edaran Kapolri Nomor : SE/8/VIi/2018 Nelson Syah Habibi S.; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Law enforcement systems and methods in Indonesia show that there is a development in community justice by Restorative Justice that reflects justice as a balance of human life, so that deviant behavior from criminals is considered as an act that eliminates balance, the model of case settlement is an effort to restore that balance. Kapolri as the head of the Indonesian National Police then issues Circular Number: 8/VII/2018 concerning Restorative Justice in the Settlement of Criminal Cases, with hope to accommodate the values ​​of justice in society. The position of the Circular is a policy regulation or instructions to members of the National Police based on Law Number 2 of 2002 concerning the Indonesian National Police, it’s not part from the Legislative context that can bind the public, but manifestations of the Police's efforts in overcoming criminal acts and are expected to fulfill a sense of justice among the community by obtaining satisfactory agreement according to their wishes win-win solutions. The implementation process is at the Police level with the achievement of a peace agreement between the victim and the suspect, ending with the issuance of an order to terminate the Investigation with the reason that Restorative justice is signed by the supervisor's investigator. The criminal case that is settled in a case resolved through diversion based on the SPPA Law or case which is a complaint offense will be completed and has legal certainty, but the case with a general offense still has the opportunity to continue if the victim feels dissatisfied. The results of peace will be a consideration of the judge in giving his decision.   Keywords : restorative justice, criminals case settlement, policy regulation
Pengujian Alat Bukti Dalam Penetapan Tersangka di Praperadilan : Studi Kasus Putusan Praperadilan di Pengadilan Negeri Jakarta Selatan Danang Dermawan; Syafruddin Kalo; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. To protect human rights, especially against suspects or defendants, the KUHAP regulates a pretrial institution. Arrangements regarding pretrial are limitative and not all forced efforts can be submitted to pretrial requests. However, through the Decision of the Constitutional Court Number 21 / PUU-XII / 2014, adding the testing of the determination of suspects, searches, and seizure into the pretrial authority. However, the weak rules that only consist of 7 articles, namely Article 77 of the Criminal Procedure Code up to article 83 of the Criminal Procedure Code so that the testing of the validity of a suspect's determination is focused on the process of collecting evidence. Pre-trial verdict No. 97 / Pid.Prap / 2017 / PN.Jkt.Sel, No 36 / Pid.Prap / 2015 / PN.Jkt.Sel, No. 32 / Pid.Prap / 2015 / PN.Jkt.Sel, and No. 127 / Pid.Prap / 2016 / PN.Jkt.Sel became the focus of attention in this study. The formulation of the problem in this thesis research is how to find evidence in the determination of suspects by KPK investigators on the four pretrial decisions, how to test evidence in the determination of suspects in pretrial trials by judges who decide on the four pre-trial decisions, and how the KPK's legal remedies cancellation of the determination of suspects in the four pre-trial decisions. The results showed in finding evidence on the determination of suspects in the pre-trial verdict which by KPK investigators is basically carried out by KPK according to KPK SOP Number 01/23/2008 Year 2008 and updated 2015 KPK SOP by finding at least two evidences so that the Investigation Order has stated name of the suspect. Keywords: pretrial, determination of suspects, testing of evidence, legal efforts.
Penerapan Pengakuan Bersalah Terdakwa sebagai Justice Collaborator dalam Sistem Peradilan Pidana Indonesia : Studi Putusan Pengadilan Negeri Pekanbaru Nomor 683/Pid.Sus/2016/PN Pbr. Rizky Novia Karolina; Ediwarman Ediwarman; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Defendant’s testimony as evidence has been known in the Indonesian criminal justice since HIR was in effect which was regulated in Article 307 HIR. After the KUHAP was promulgated, it was changed to defendant’s testimony which only states that he has committed a criminal act as it is being sued while in the evidence it has a broader scope which includes his testimony and denial.The implementation of defendant’s pleading guilty as justice collaborator is found in the Verdict No.683/Pid.Sus/2016/PN.Pbr in which the defendant is legally proven guilty of committing criminal act in drug abuse. On his pleading guilty, he is appointed as a justice collaborator, and the police develop the investigation until the real perpetrator.The reform of the criminal justice system in Indonesia in the RUUKUHAP accommodates defendant’s pleading guilty through Special Lane of the Plea Bargaining System which is relevant to Special System in Article 199RUUKUHAP in which a defendant pleads guilty of his illegal act with the sanction of less than 7 year-imprisonment, the public prosecutor can turn over the case to a brief interrogation and can simplify the long process of criminal justice in order to realize the principle of simple, quick, and inexpensive Administration of Justice. Keywords: pleading guilty, justice collaborator, plea bargaining
Pemberantasan Tindak Pidana Money Laundering yang Berasal dari Tindak Pidana Narkotika Juna Karo-Karo; Bismar Nasution; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. One of the original crimes in the crime of money laundering is property acquired from narcotics crimes. Property acquired from the crime of narcotics transactions by both individuals and corporations is not directly used because of fear or indications of money laundering activities. For this reason, the perpetrators always try to hide the origin of these assets in various ways which include trying to include them in the financial system, ways taken in the form of hiding or disguising the origin of the assets with the intention of avoiding tracking efforts by the authorities. law enforcement as money laundering. The problems raised in this study, namely how the form of criminal law policy in overcoming the crime of money laundering originating from criminal acts of narcotics, the mechanism of criminal law enforcement against money laundering crimes originating from criminal acts of narcotics, and obstacles in the enforcement of criminal law against money laundering crimes originating from narcotics crime. In accordance with the above problems as for the purpose of this study is to find out and analyze the form of criminal law policy in dealing with criminal acts of money laundering originating from narcotics crime, the mechanism of criminal law enforcement against money laundering crimes originating from narcotics crimes, and obstacles barriers to criminal law enforcement against money laundering crimes originating from narcotics crimes. 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: law enforcement, money laundering, narcotics crime.
Perbedaan Pandangan Hakim Dalam Penetapan Tersangka Sebelum dan Sesudah Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014 Afrizal Chair Nawar; Syafruddin Kalo; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In practice, the use of pretrial mechanisms is often not optimal, which can be seen from the lack of use of this mechanism in criminal proceedings. In fact, pretrial is the right of all suspects/defendants when their civil liberties are confiscated, besides that there are differences in the Supreme Court's attitude towards the determination of suspects through pretrial processes in a number of decisions, making the new legal problem now, therefore a legal study is needed to discuss differences attitude towards these pretrial decisions. The problems raised in this study, namely how is the legal regulation of the determination of suspects through pretrial decisions according to criminal procedural law, legal arguments for differences in attitudes of the Supreme Court regarding the determination of suspects before and after the Constitutional Court Decision Number 21/PUU-XII/2014, and differences the views of judges in pretrial regarding the determination of suspects after the birth of the Constitutional Court Decision Number 21/PUU-XII/2014. 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: pretrial, determination of suspects, judges.
Pertanggungjawaban Pidana Bagi Pelaku Penyalahgunaan Airsoft Gun: Studi Putusan Pengadilan Negeri Simalungun Panji Nugraha; Madiasa Ablisar; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abtracts. Airsoft gun that in principle is used with a positive purpose, but in reality there are only among the people who abuse sports firearms is not as it should be. This misuse can certainly be detrimental to others because if this type of airsoft gun is not used in accordance with applicable procedures, it can be functionally used as a dangerous firearm and can injure the target and even threaten the life of the person being the target of the shot. Along with the complexity of economic problems that continue to squeeze most of the community lately, crime rates are also growing more and more rampant from day to day, often even perpetrators of crimes have used firearms in every crime, and some of these criminals use airsoft guns as a tool to threaten victims. The issues raised in this study, namely how the legal regulation of criminal acts of misuse of airsoft gun in the environment of civil society, the consideration of judges in the simalungun district court ruling that equates airsoft guns with firearms and criminal liability for perpetrators of misuse of airsoft gun misuse in court decisions simalungun country. To find answers to these problems, this research uses descriptive analytical normative legal research, in which normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. Keywords: crime, misuse, airsoft gun.
Analisis Yuridis Penjatuhan Pidana Terhadap Pejabat Negara Yang Melakukan Tindak Pidana Korupsi Terkait Penyalahgunaan Kewenangan : Studi Putusan Pengadilan Negeri Medan Nomor : 12/Pid.Sus-Tpk/2018/PN.Mdn Rizki Syahbana Amin Harahap; Syafruddin Kalo; Madiasa Ablisar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Corruption is a tremendous crime (extra ordinary crime). Corruption crimes propagated into the regency of coal in the projects of 2016 and the year 2017, in this case the awarding of gifts to the coal regent and Head of the Department of Public Works and spatial Arrangement (PUPR), has received a prize Or the promise of coal regent of Rp. 8,055,000,000.00 and head of the PUPR service amount of Rp. 80,000,000.00. Analyzed the state of incrimination and relieve the state of criminal proceedings against the government officials and the consideration of the law of the state court against the officials who conduct corruption in Court verdict Number: 12/Pid. Sus-TPK/2018/PN.Mdn. Misuse of authority made by state officials is governed by LAW No. 30 of 2014 on government administration, misuse of authority occurs because of non-negligence or omission. The incriminating circumstances and the alleviating circumstances in the ruling on which the tribunal judges do must conform to the characteristics: 1). The form of nature, atmosphere or situation, 2) the formulation is found outside of its own action, 3) describes The seriousness of the act or the degree of the state officials who commit a corruption criminal. Court ruling No. 12/Pid. Sus-TPK/2018/Pn. MDN is deemed to have not been precise in conducting criminal proceedings, as legal considerations at the coal regent and the head of the PUPR office have a state of incrimination, deeds Defendant proved legitimately and assured the elements of 12 letters (a) UU No. 20 Year 2011 about the amendment of LAW No. 31 of 1999 on corruption criminal eradication, element of article 55 paragraph (1) of the criminal CODE, and the element of article 65 paragraph (1) of the criminal CODE in accordance with what By the public prosecutor.   Keywords: abuse of authority, corruption crimetative analysis method.
Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Cabul Studi Putusan Pengadilan Negeri Sungguminasa No.8/Pid.Sus-Anak/2017/PN.Sgm Vinamya Audina Marpaung; Madiasa Ablisar; Marlina Marlina; Edi Yunara
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Children are the next generation of generation and successors of existing development struggles. Children are the mandate as well as the gift of God Almighty that we always have to guard because in him the dignity, dignity and rights as human beings must be upheld. Child rights are part of human rights contained in the 1945 Constitution and the United Nations Convention on the Rights of the Child. Criminal acts of sexual abuse committed by children in the Sungguminasa District Court No.8 / Pid.Sus-Anak / 2017 / PN.Sgm. Stating the child above, has been proven legally and convincingly guilty of committing a criminal act "intentionally persuading the child to commit an obscene act" as a single charge of the public prosecutor. Dropping the criminal offense to a child is therefore a prison sentence of 1 (one) year and 8 (eight) months and job training in LPKA (Child Development Special Institution) Class II B in Maros, for 6 (six) months. This research uses normative research method is research that examines the principles or principles of law, legal systematics, the level of vertical and horizontal synchronization, comparison of law, and legal history, positive legal norms, principles, principles, and doctrines -doctrine law. The nature of this research is descriptive and prescription. In addition to describing or describing the subject and the motorcycle taxi as well as an analysis of the problems that have been formulated. Provide legal arguments, then make an assessment (perscription) regarding right or wrong or how it should be according to law against facts or legal events. Legal protection for child offenders starting from the stages of investigation, prosecution, trial and arriving at child care in LPKA must be carried out in accordance with the provisions of the legislation. In the implementation of children's rights as perpetrators of obscene crimes, children have the right to enjoy all their rights in accordance with the provisions contained.   Keywords: child protection, child criminal actor, obscene.
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