Deki Junel Putra
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Handling of Drug Cases from Islamic Legal Perspective: A Juridical-Empirical Study on Social Responsibility and Ethics in Bungo Regency, Indonesia Deki Junel Putra; Hasbi Umar; Yuliatin Yuliatin; Abdul Halim
International Journal of Law and Society Vol. 3 No. 4 (2026): October: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i4.1018

Abstract

This study aims to reconstruct the approach to handling drug-related cases from the perspective of Islamic law through a juridical-empirical approach emphasizing social responsibility and ethical dimensions in Bungo Regency. The research is motivated by the dominance of repressive approaches within the positive legal system, which have not fully addressed the complexity of drug abuse as a multidimensional issue involving legal, social, and moral aspects. This study employs a qualitative method with juridical-empirical and normative designs. Data were collected through interviews with law enforcement officials, document analysis of legal regulations and court decisions, and a review of criminal law and Islamic legal literature. The analysis was conducted descriptively and analytically using criminal law theory, progressive law, and maqāṣid al-sharī‘ah as analytical frameworks. The findings indicate that drug case handling in Bungo Regency remains largely legalistic and punitive, with limited attention to rehabilitation and social recovery. Furthermore, the principles of social responsibility and ethics have not been optimally internalized in law enforcement practices, as reflected in persistent stigma toward drug users and weak inter-sectoral coordination. From the perspective of Islamic law, drug abuse should be addressed by prioritizing the protection of life and intellect as part of maqāṣid al-sharī‘ah. Therefore, this study proposes an integrative model combining repressive measures against traffickers and rehabilitative approaches for users. This model is expected to contribute to a more humane, contextual, and socially just system in addressing drug-related issues.