DISHARMONY IN THE REGULATION OF CRIMINAL RESPONSIBILITY FOR CHILDREN AS NARCOTICS COURIERS FROM THE PERSPECTIVE OF THE NARKOTICS LAW AND THE JUVENILE CRIMINAL JUSTICE SYSTEM

Abstract

The involvement of minors in narcotics-related crimes demonstrates a legal paradox within Indonesia’s criminal justice system. Children are no longer merely victims of drug abuse but have increasingly been exploited as couriers by organized crime networks. When apprehended, law enforcement agencies tend to apply Law Number 35 of 2009 on Narcotics (Narcotics Law), which adopts a punitive approach without considering the child’s position as a victim of exploitation. This divergence in legal orientation has created normative disharmony, resulting in legal uncertainty and the criminalization of minors. This study aims to analyze the forms of disharmony between these two laws and examine their implications for child protection within Indonesia’s criminal justice framework. The research employs a normative juridical method through statutory, conceptual, and case approaches, drawing on court decisions involving child narcotics couriers. The findings reveal fundamental inconsistencies in legal principles, objectives, and sentencing provisions between the two statutes. The study concludes that legal harmonization is urgently needed through the revision of the Narcotics Law, the implementation of a double-track system, and the issuance of judicial guidelines to ensure both legal certainty and the protection of children exploited in drug trafficking.