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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Andin Wisnu Sudibyo
Faculty of Law, Universitas Borobudur, Indonesia
Law, Crime, Criminology & Criminal Justice

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Criminal Law Reform: Rehabilitation as an Approach to Restorative Justice for Drug Abusers Naek Mampetua Siringoringo; Risky Waldo; Rommy Sebastian; Andin Wisnu Sudibyo; KMS Herman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.6956

Abstract

Law enforcement against drug abusers in Indonesia has predominantly prioritised a repressive penal approach rather than a rehabilitative one. In reality, drug abusers are essentially victims of medical and psychosocial dependency. This study seeks to examine the relevance and urgency of implementing a restorative justice approach through rehabilitation for drug abusers as part of the reform of criminal law in Indonesia. The research employs a normative juridical method, drawing upon literature studies and analyses of statutory regulations and relevant court decisions. The findings indicate that rehabilitation, as an embodiment of restorative justice, offers a more humane form of justice, reduces financial burdens, and has the potential to lower recidivism rates. A reformulation of criminal policy is required by distinguishing between users and traffickers, while strengthening the authority of law enforcement agencies and rehabilitation institutions in the diversion process. An inclusive reform of criminal law that embraces the principles of restorative justice is a strategic step towards addressing drug-related crime in a more sustainable and equitable manner.
Co-Authors KMS Herman Naek Mampetua Siringoringo Risky Waldo Rommy Sebastian