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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Angelica Rya Junisya
Universitas Palangka Raya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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CRIMINAL RESPONSIBILITY OF WARDS PARTICIPATING IN NARCOTICS CRIMES: A LEGAL ANALYSIS IN THE CRIMINAL CODE Angelica Rya Junisya; Yurika F. Dewi; Hilyatul Asfia; Syamhudian Noor
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22233844

Abstract

This study analyzes the criminal liability of prison guards who participate in narcotics crimes based on the perspective of the Indonesian Criminal Code (KUHP 2023). The focus of the study is directed at the legal construction of the concept of participation as regulated in Article 20 of the KUHP 2023, and its application to prison guards who abuse their position in narcotics trafficking in correctional institutions. This study uses a normative legal method with a legislative approach and conceptual analysis, supported by a study of court decisions, including the Palangka Raya District Court Decision Number 286/Pid.Sus/2024/PN Plk. The results of the study indicate that normatively, the KUHP 2023 has provided an adequate legal basis to ensnare prison guards as co-conspirators. This study emphasizes that prison guards who knowingly facilitate narcotics trafficking must be positioned as joint perpetrators, with criminal responsibility equivalent to the main perpetrator and subject to aggravated criminal liability due to abuse of official authority.
Co-Authors Hilyatul Asfia Noor, Syamhudian Yurika F. Dewi