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All Journal Jurnal Sosial dan Teknologi Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Sultan Adam : Jurnal Hukum dan Sosial
Yudi Bintoro
Universitas Borobudur
Humanities Civil Engineering, Building, Construction & Architecture Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reconstruction of Law Enforcement Against Narcotics Distribution Networks Through A Restorative Justice-Based Money Laundering Criminal Approach for Children Exploited as Couriers Yudi Bintoro; Megawati Barthos
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32851

Abstract

The involvement of children as couriers in narcotics distribution networks presents a systemic problem in Indonesian criminal justice, where law enforcement has disproportionately targeted field-level perpetrators while failing to dismantle the economic structures controlled by intellectual actors. This research aims to analyze the normative disharmony between Law Number 35 of 2009 concerning Narcotics, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and to reconstruct a law enforcement model that integrates asset confiscation with restorative justice for exploited children. This research employs a normative legal methodology with statutory, conceptual, and case approaches analyzed qualitatively. The findings reveal that existing regulations lack integration, resulting in the criminalization of child couriers without addressing the financial networks behind them. Money laundering instruments remain underutilized, and diversion mechanisms are often unavailable due to severe sentencing thresholds. The study proposes a reconstructed model that shifts the enforcement focus from "follow the suspect" to "follow the assets," positions children as victims of structural exploitation, and directs them toward restorative mechanisms. In conclusion, integrating asset confiscation against key actors with restorative diversion for children creates a fairer and more effective law enforcement system, ensuring that narcotics eradication targets network structures while safeguarding children's futures
Legal Reform of Police Investigation Oversight in Realizing Accountable Law Enforcement Based on the Principles of Legal Certainty and Justice Yudi Bintoro; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2221

Abstract

This study aims to analyze the regulation and implementation of police investigation supervision in the Indonesian criminal justice system, identify legal weaknesses that hinder the realization of accountable law enforcement, and formulate a concept for legal reform of investigative supervision based on legal certainty and justice. The study employed a normative juridical method with a statutory and conceptual approach. The results indicate that current investigative supervision still faces various problems, including disharmony of regulations in the Criminal Procedure Code (KUHAP), the Police Law, and internal police regulations, limited authority of external supervisory institutions, weak independence of internal supervision, lack of integration of oversight mechanisms, and suboptimal use of technology in investigative supervision. These conditions have implications for continued abuse of authority, wrongful arrests, criminalization, non-transparent case terminations, and a high number of public complaints regarding the investigative process. Legal reform is needed through strengthening the authority of the National Police Commission (Komisi Nasional Polisi) as an independent supervisory institution, integrating internal and external supervision, implementing surveillance technology such as body-worn cameras and digital recordings of examinations, and establishing national standards for investigative accountability to achieve transparent, accountable, just, and legal certainty in law enforcement.
Harmonization of National and International Laws in Disclosing Transnational Drug Networks Involving Child Couriers Through Money Laundering Yudi Bintoro; Riswadi Riswadi
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 3 No. 2 (2026): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v3i2.3114

Abstract

Transnational drug crimes develop in the form of adaptive, organized networks that exploit vulnerable groups, including children, as couriers. Law enforcement practices in Indonesia are dominated by an actor-based approach that focuses on field perpetrators based on Law Number 35 of 2009, while the asset tracking and confiscation instruments in Law Number 8 of 2010 have not been systematically optimized. At the same time, the principle of the best interests of children in Law Number 11 of 2012 has not been consistently integrated into organized drug cases. This study aims to analyze the paradigm disharmony between the narcotics regime, the money laundering regime, and the child protection regime, and to formulate an integrative model for dismantling transnational drug networks involving children. The method employed normative legal research with a legislative, conceptual, and comparative approach to international instruments, such as the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The study's findings demonstrate that a misalignment in legal philosophies leads to the criminalization of child couriers and the failure to optimize financial dismantling strategies, allowing networks to persist despite the arrest of perpetrators. The proposed reconstruction emphasizes a shift toward a network-based approach, mandatory parallel financial investigations, and the recognition of children as victimized actors within the structure of organized crime.
Co-Authors Megawati Barthos Riswadi Riswadi Zainal Arifin Hoesein