Legal Status and Protection for Online Couriers Delivering Prohibited Goods (Narcotics) Without Their Knowledge

Abstract

The rapid expansion of digital logistics platforms has significantly transformed goods distribution systems in Indonesia by enabling faster deliveries through networks of independent couriers operating within the platform economy. However, this technological development also creates opportunities for narcotics trafficking networks to exploit digital delivery systems by using couriers who often have no knowledge of the contents of the packages they transport. This study examines the legal status and criminal liability of online couriers who unknowingly deliver narcotics within the Indonesian legal system. The research addresses three key issues: the legal status of online couriers in narcotics delivery cases, the application of criminal law principles such as fault, mens rea, presumption of innocence, and proportionality, and the forms of legal protection required to prevent unjust criminalization of couriers. This study employs normative legal research with a qualitative approach, analyzing legislation, criminal law doctrines, court decisions, and relevant scholarly literature. The findings show that Indonesian criminal law requires the presence of both unlawful conduct and culpable mental intent before criminal liability can be imposed. When couriers lack knowledge or intent regarding narcotics contained in delivered packages, the element of fault cannot be established. The study also identifies a regulatory gap in existing narcotics legislation concerning the legal position of digital couriers. Therefore, this study proposes doctrinal reconstruction and regulatory reforms that recognize couriers as potential innocent intermediaries while strengthening platform accountability and evidentiary standards. These reforms aim to ensure fair legal protection for couriers while maintaining effective narcotics law enforcement.