Minimum Age Limit of Criminal Responsibility for Child Drug Couriers Based on the Principle of the Best Interest of the Child

Abstract

This study examines the lowest age for being held criminally accountable for children involved as drug couriers in Indonesia, emphasizing The approach that underscores the necessity of safeguarding the child’s best interests as a primary consideration. Under Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA Law), the current minimum age is established at 12 years. However, this threshold is considered inconsistent with child psychological development, international legal standards, and the demands of Indonesia’s national legal framework. The objective of this research is to assess the appropriateness of this age limit and propose recommendations for progressive policy reforms. Employing a normative legal research method, this study adopts a statutory approach complemented by comparative law and legal theory analysis. Data collection relies on a literature review encompassing primary, secondary, and tertiary legal sources. The analytical method used is descriptive-analytical, which evaluates the appropriateness of the minimum age for Liability arising from unlawful actions through the lenses of legal and psychological perspectives. The findings reveal that children at the age of 12 generally lack the mental, emotional, and cognitive maturity to Understand the implications that arise from the decisions they make. For example, Germany sets the minimum age at 14 years, adopting a rehabilitative framework centered on education and care, which has effectively upheld children's rights while mitigating the adverse impacts of the criminal justice process. In Indonesia, the juvenile justice system must align more closely with the principle of the child’s best interests, as articulated in the Convention on the Rights of the Child and the SPPA Law. The research concludes that Indonesia should raise the minimum age of juvenile Liability arising from unlawful actions to 15 years. Such a policy is anticipated to foster a more equitable, humane legal system that supports the developmental needs of children. Additionally, regular reviews of the SPPA Law are essential to ensure the juvenile justice system remains relevant to evolving societal conditions and contemporary scientific insights.