Criminal Law Enforcement against Child Narcotics Couriers in the Framework of Child Protection and Legal Pluralism: Indonesia–Algeria Comparative Study

Abstract

The involvement of minors as couriers in transnational and domestic narcotics syndicates constitutes a profound crisis that aggressively challenges the foundations of contemporary legal systems. This study investigates the systemic friction between punitive narcotics legislation and restorative child protection frameworks within legal pluralism, presenting a comprehensive comparative analysis of Indonesia and Algeria. The primary objective is to analyze how both nations navigate criminal law enforcement against child narcotics couriers, evaluate statutory limitations in their juvenile justice systems, and explore how indigenous legal pluralism—specifically Indonesian adat law and Algerian customary reconciliation (sulh)—can bridge the gap between retributive drug laws and restorative child protection paradigms. Utilizing a normative juridical research method with a descriptive-analytical and comparative statutory approach, this study evaluates primary frameworks, including Indonesia’s Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 35 of 2009 on Narcotics, alongside Algeria’s Law No. 15-12 on Child Protection and Law No. 25-03 on the Prevention of Narcotic Drugs. Findings indicate that Indonesia’s formal diversion mechanism is severely restricted by a seven-year maximum penalty threshold, paradoxically excluding many child couriers from restorative justice and funneling them into formal penal systems. Conversely, Algeria employs a highly discretionary Juvenile Judge model combined with strict age-tiered criminal responsibility, prioritizing the aggressive penalization of adult syndicate recruiters over exploited minors. Ultimately, synthesizing these findings demonstrates that integrating customary restorative mechanisms into positive legal frameworks offers a more effective, humanized, and culturally resonant approach to rehabilitating child couriers while safeguarding their fundamental rights.