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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.
Beyond Criminality: Socio-Legal Dimensions and Fiqh Perspectives on Adulterated Rice Trading Practices in Contemporary Palangka Raya jessica nababan; Rollys Suriani; Yurika F. Dewi
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i2.15433

Abstract

This research examines the implementation of Article 378 of the Indonesian Criminal Code (KUHP) in handling cases of fraud in adulterated rice trading in Palangka Raya City using an empirical juridical research method. The study aims to analyze the application of criminal fraud provisions to adulterated rice trading practices and to identify the obstacles faced by law enforcement authorities in its implementation. The empirical juridical method is employed by combining a normative approach to Article 378 of the Criminal Code with field research through the collection of case data that occurred in Palangka Raya. The research findings indicate that, normatively, Article 378 of the Criminal Code is highly relevant to be applied in cases of adulterated rice, as it fulfills all elements of fraud, namely the intention to unlawfully benefit oneself, the use of deception through fake packaging and labels, and inducing consumers to hand over their money. However, empirically, implementation in Palangka Raya City faces significant obstacles, including difficulties in proving the element of intent on the part of the perpetrator, low public participation in reporting, weak inter‑agency coordination, limited resources, and an ever‑evolving modus operandi. Law enforcement authorities often prefer to use the Consumer Protection Law and the Food Law, which impose heavier sanctions. The research concludes that effective law enforcement requires the improvement of technology‑based supervision systems, strengthening coordination through special task forces, enhancing the capacity of law enforcement officers, building easily accessible reporting infrastructure, and harmonizing regulations between general criminal law and special laws in order to protect consumers from fraudulent practices in adulterated rice trading.