Legal Analysis of Criminal Responsibility for Intermediary Actors in the Sale and Purchase of Narcotics by Prioritizing the Aspect of Justice

Abstract

This study is entitled "Legal Analysis of Criminal Liability for Intermediary Actors in Narcotics Trading by Prioritizing the Aspect of Justice". The background of this study is based on the fact that intermediary actors in narcotics crimes often only act as a liaison, but are sentenced to the same punishment as the main perpetrator. This condition raises the issue of justice in criminal law enforcement, especially in the application of sanctions for intermediary actors which are sometimes disproportionate to their role and level of error. This type of research is normative legal research, with a juridical approach based on literature studies. The data sources used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively. This study examines the principles of criminal liability, the construction of the role of intermediary actors according to Indonesian positive law, and how the value of justice can be interpreted in the context of law enforcement against intermediary actors. The results of the study show that the construction of criminal liability for intermediary actors in the sale and purchase of narcotics still tends to be generalized and does not take into account the concrete role of each actor. In some cases, intermediary actors are subject to the same article as the main perpetrator, even though their role is not dominant.