Mhd Azhali Siregar
Master of Law, Panca Budi Development University, Medan, Sumatera Utara, Indonesia

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Legal Analysis of The Implementation of Restorative Justice Principles In Police Services After The Effectiveness of Law Number 1 of 2023 Concerning The Criminal Code Anyar Ayu Bening Wirya Cherdika; Mhd Azhali Siregar; T. Riza Zarzani
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 5 No. 2 (2026): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v5i2.2660

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in criminal law in Indonesia, no longer oriented toward retributive punishment but instead prioritizing a restorative approach through the principle of restorative justice. This change has implications for criminal law enforcement practices, particularly within the police service, which serves as the gateway to the criminal justice system. The application of restorative justice within the police is seen as an effort to provide a more humane and effective resolution of criminal cases, oriented toward restoring social relations between perpetrators, victims, and the community. However, its implementation still faces various normative and practical obstacles that have the potential to create legal uncertainty. This study aims to analyze the regulations and legal basis for the application of restorative justice principles in police services following the enactment of the 2023 Criminal Code and to examine the legal implications of its application on the effectiveness of criminal law enforcement in the North Sumatra Regional Police. The research method used is normative juridical, supported by empirical data through legislative, conceptual, and case approaches. Data was obtained through literature review, document review, and interviews with law enforcement officials regarding the implementation of restorative justice. The results indicate that normatively, the application of restorative justice has gained legal legitimacy through the 2023 Criminal Code, the Republic of Indonesia National Police Regulation Number 8 of 2021, and internal police policies. The implementation of restorative justice at the North Sumatra Regional Police has been applied to certain crimes through mediation and reconciliation between perpetrators and victims. However, in practice, obstacles remain, including the lack of uniform standard operating procedures, reliance on investigator discretion, and weak oversight. Therefore, regulatory strengthening, policy harmonization between law enforcement agencies, and increased police capacity are needed to realize a fair, effective, and accountable implementation of restorative justice.
Legal Certainty Regarding Detention by Investigators Based on Law Number 20 of 2025 Concerning the Criminal Procedure Code Hendro Gunawan; Mhd Azhali Siregar; Henry Aspan
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 5 No. 2 (2026): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v5i2.2662

Abstract

Detention is a form of coercive measure in the criminal justice process that limits a person's right to personal liberty, so its implementation must be based on the principles of legal certainty, limitation of authority, and protection of human rights. The formation of Law Number 20 of 2025 concerning the Criminal Procedure Code is part of the reform of the criminal justice system in Indonesia that aims to strengthen the protection of suspects' rights and create a more objective, proportional, and accountable detention mechanism. However, the application of subjective conditions for detention still has the potential to give rise to multiple interpretations and opens up wide discretion for investigators. This study aims to analyze the legal certainty of detention by investigators based on Law Number 20 of 2025, specifically regarding the regulation of detention conditions and limitations on the authority of coercive measures, as well as examine the concept of subjective conditions for detention from the perspective of due process of law and human rights protection. This study uses a normative legal research method with a statutory, conceptual, and case approach, which is analyzed qualitatively based on primary, secondary, and tertiary legal materials. The research results show that Law Number 20 of 2025 brings significant changes through the formulation of more objective and measurable detention indicators. This reformulation strengthens the principle of legal certainty and limits the authority of law enforcement officers in the use of coercive measures. Furthermore, this new regulation aligns with the principles of due process of law and human rights protection, as detention must be based on objectively verifiable facts and circumstances. However, its effective implementation still requires technical guidelines, effective oversight, and increased professionalism of law enforcement officers to prevent abuse of authority in criminal justice practices.
Legal Analysis of the Problem of Determining Criminal Responsibility Between Users and Distributors in Narcotics Crimes (Study at the North Sumatra Regional Police) Riski Robbi Hamonanggan Sitorus; Mhd Azhali Siregar; Fitri Rafianti
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 5 No. 2 (2026): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v5i2.2669

Abstract

This study aims to analyze the legal issues of determining criminal responsibility between users and dealers in narcotics crimes and examine the factors that influence the classification of suspect status in investigative practices at the North Sumatra Regional Police. This issue is important because determining status as a user or dealer has direct implications for the application of criminal sanctions, both through rehabilitative and repressive approaches. The unclear boundaries between these two categories in law enforcement practices often lead to disparities in case handling and potentially ignore the principles of justice and legal certainty. This study uses a normative legal method supported by an empirical legal approach. Data were obtained through a literature review of laws and regulations, books, scientific journals, and interviews with investigators, legal practitioners, and academics. Primary legal materials include Law Number 35 of 2009 concerning Narcotics, Law Number 8 of 1981 concerning the Criminal Procedure Code, and Law Number 1 of 2023 concerning the Criminal Code. Data analysis was conducted qualitatively by examining the alignment between legal norms and their implementation practices. The results show that determining criminal liability between users and dealers still faces various legal obstacles, including differing interpretations of the elements of "possession," "control," and "storage," limited evidence, and the suboptimal implementation of integrated assessments. Furthermore, non-legal factors such as economic pressure, the influence of illicit trafficking networks, community legal culture, and the integrity of law enforcement officers also influence investigation results. In practice at the North Sumatra Regional Police, drug users who should receive rehabilitation are still being processed as dealers. This study concludes that Indonesian positive law provides a normative basis for distinguishing drug users and dealers, but its implementation still requires more consistent guidelines, improved quality of evidence, strengthened inter-agency coordination, and optimization of the rehabilitative approach to achieve legal certainty, justice, and benefits in a balanced manner.