Dian Tardiansyah Saputra
Fakultas Hukum, Universitas Swadaya Gunung Jati Cirebon

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Kebijakan Hukum Terhadap Pengguna Narkotika di Bawah Umur dalam Perspektif Restorative Justice ( Studi Kasus : Kepolisian Resor Cirebon Kota ) Dian Tardiansyah Saputra
Mandalika Law Journal Vol. 4 No. 1 (2026): Mandalika Law Journal
Publisher : Yayasan Baru Haji Samsudin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/mlj.v4i1.6714

Abstract

Drug abuse among minors is a legal and social issue that requires special treatment, as children are not only viewed as offenders but also as victims who need protection and guidance. Conventional punitive approaches are considered inadequate in providing comprehensive recovery for minors involved in drug abuse cases. Therefore, the concept of restorative justice serves as an alternative approach that emphasizes recovery, rehabilitation, and social reintegration for children. This study aims to analyze legal policies regarding underage drug users from a restorative justice perspective and to examine their implementation at the Cirebon City Resort Police (Kepolisian Resor Cirebon Kota). The research employs an empirical juridical method with a descriptive qualitative approach. Data were collected through literature review, analysis of relevant laws and regulations, and interviews with stakeholders within the Cirebon City Resort Police. The findings indicate that the implementation of restorative justice for underage drug users is based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2009 concerning Narcotics, and Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Cases Based on Restorative Justice. The implementation is carried out through diversion mechanisms, integrated assessments, rehabilitation programs, and the involvement of families and communities in the case resolution process. However, its implementation still faces several challenges, including limited rehabilitation facilities, insufficient public understanding, and suboptimal inter-agency coordination. Therefore, strengthening legal policies and enhancing institutional cooperation are necessary to ensure the effective application of restorative justice for underage drug users and to provide legal protection that prioritizes the best interests of the child.