Thekabarnews.com—The case of the arrest of a non-formal taxi driver at the end of February 2026 in West Kalimantan, who was going to take passengers to the border area, raises a fundamental question: to what extent can criminal law reach those who are factually only performing ordinary functions in society?

The West Kalimantan Regional Police named a driver as a suspect in this case because he drove seven people from Pontianak to Entikong, which is still in the city of Pontianak’s jurisdiction.

Some people think that three of these passengers might be illegal workers who entered the country. He paid the normal fare for public transportation. Initially, there’s no evidence that he hired the passengers, promised them jobs, or planned their departure.

However, the law moves swiftly, and the suspect status attaches.

But is the situation okay?

Between Too Many Crimes and the Police?

The Indonesian government enacted Law Number 18/2017 to combat illegal practices. In particular, it targets networks of recruiters and the placement of workers through non-procedural means. The goal is clear: to protect citizens from exploitation and human trafficking.

But in real life, people often go too far with the law. Such behavior often leads to the detention of individuals who are not truly guilty of the crime.

The driver in this case finds himself in a difficult situation. He becomes physically involved by driving the car with them, but that involvement does not automatically mean he committed a wrongdoing. To be guilty of a crime, you must show clear intent and other specific things that show guilt.

There is no guesswork in criminal law; it is based on facts and evidence.

Intent: The Most Important Thing to Be Responsible for a Crime

Under modern criminal law, people can only be punished if they did something wrong (Schuld). Usually, this evidence indicates that they intended to do it (mens rea).

To convict a driver of trafficking illegal migrant workers, it is necessary to demonstrate that

He knows that the passenger could be an unauthorized immigrant worker, and he helped on purpose. He is a member of the group that moves things without permission.

The criminal construction falls apart if you cannot prove those things.

If the investigative construction keeps saying that transporting passengers is a way to participate or help, this goes against the main idea in Law Number 1/2023 about the Criminal Code. That law says that criminal liability must be based on actual and clear fault.

You can’t call the driver the main actor unless you prove he knew about and wanted to be part of the crime. If people think this way, the new Criminal Code could make the principle of geen straf zonder schuld into a formality. In that case, it could change criminal law from a way to obtain justice to a way to make it easier for police to do their jobs.

Allowing such practices to continue blurs the line between neutral actions and punishable conduct, creating risks for legal certainty and citizen protection.

The new Criminal Code still recognizes participation and assistance, but it places stronger emphasis on culpability. A person can only be criminally liable if they have relevant intent or negligence. In addition, they must have a mental connection to the crime.

The law recognizes the driver as a participant or accomplice only when they are aware of and deliberately involved in the illegal migration of workers.

The best way to regard the act is as neutral, which means it is legal, socially acceptable, and not meant to hurt anyone. The driver is not guilty of a crime unless there is proof that they meant to do it.

Base of Norms

Articles 81 and 82 of Law Number 18/2017 stress that people who hire migrant workers must follow the rules. The focus is not just on middlemen; it is also on recruiters and placement agents.

Adding drivers who do not have proof of intent to the definition could make things harder for the criminal justice system.

The Danger of Punishing the Wrong Role

The potential impact will be immense if we punish all drivers who transport people to the border for their passengers’ alleged crimes.

Taxi drivers, online motorcycle taxi drivers, and even people who ride the bus can commit crimes at any time.

Such behavior violates the law and creates a perception of lawlessness. Criminal law should not be used too much or without limits; it should be the last resort.

What the Court Can Teach Us About the Law

In some district court cases in border areas, judges often let drivers or couriers go. This is because there is no evidence that they were trying to do something bad or were part of recruitment networks.

It is clear that being there in person is not enough to prove that someone did something wrong. The judge said that the intent needs to be clear, not just a guess.

A Fair Trial and the Rights of People

If you identify a suspect without enough proof, you might be breaking the rules of a fair trial and human rights.

A state that obeys the rule of law must have the right to a fair trial, the presumption of innocence, and protection against being charged with too many crimes.

If police follow these rules, the law will work better. People might distrust the system or question its authority more.

Getting the Law Back on Track

This case shows how important it is to obey the law in a fair and correct way. Being close to a crime does not make someone a criminal. Some involvement is acceptable, and not every role deserves punishment.

Enforcing the law against mostly innocent people undermines justice and renders it unfair.

Conclusion

The border driver case shows how we use the law.

Will we keep the rule that only people who are really guilty should be punished?

Or are we going to permit the law to safeguard individuals engaging in normal activities?

This question’s answer will not only affect one driver, but it will also show how our legal system works.

Mengantar orang ke perbatasan,

Belum tentu ia pelaku kejahatan.

Hukum adil jadi pegangan,

Agar kepercayaan publik tetap terjaga sepanjang zaman.

Writer: Ruhermansyah, S.H., C.Med, a lawyer and legal consultant at Ruhermansyah & Partners Law Office. Former Chairman of the West Kalimantan Provincial Election Supervisory Agency (Bawaslu), terms: 2013–2018 and 2018–2023.

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