CRIMINAL LIABILITY FOR PEOPLE ACTING AS ONLINE NARCOTICS COURIERS UNDER LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS

Abstract

The development of the modus operandi for criminal acts of narcotics trafficking is now increasingly sophisticated and supported by a wide organizational network. One of the modus operandi that illegal narcotics traffickers are starting to use is by using delivery courier services after packaging the narcotics in other forms that can reduce suspicion. Therefore, it is very interesting and important to study further regarding criminal liability for people who act as online couriers who deliver narcotics according to customer orders based on Law Number 35 of 2009 concerning Narcotics? and efforts made to anticipate misuse of online couriers who are used as narcotics couriers? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that online transportation drivers who accidentally deliver narcotic goods can also be charged under Article 132 paragraph (1) jo. Article 114 of the Narcotics Law concerns attempts or malicious conspiracy to commit narcotics crimes. To anticipate misuse of online transportation as a narcotics courier, namely: the driver checks the goods delivered before delivery, refuses to deliver narcotics, reports to the authorities if he sees narcotics misuse.