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All Journal Journal Evidence Of Law PENA LAW: International Journal of Law Advances In Social Humanities Research Asian Journal of Social and Humanities
Shodiq, Md.
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Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Advances In Social Humanities Research

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Reconstruction of Narcotics Rehabilitation Law in Indonesia: a Framework For Harmonization With Global Human Rights And Health Standards Dharmaputra, Ngurah Suradatta; Latif, Abdul; Shodiq, Md.
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.478

Abstract

The growing global consensus toward health- and rights-based approaches in drug policy has highlighted the limitations of punitive legal systems, especially in developing countries such as Indonesia. Despite legal provisions enabling rehabilitation for drug users, Indonesia’s narcotics law remains fragmented, discretionary, and misaligned with international standards set by the United Nations Office on Drugs and Crime (UNODC) and the World Health Organization (WHO). This normative legal research critically examines the gap between Indonesia’s legal framework on drug rehabilitation and international best practices, using comparative legal analysis and conceptual theory integration, including legal pluralism and therapeutic jurisprudence. Findings reveal that the Indonesian legal system lacks normative consistency, suffers from institutional overlap, and fails to uphold essential human rights protections in rehabilitation processes. Drawing from Portugal and Switzerland’s legal models, the study proposes a harmonization framework that incorporates voluntary treatment, role clarity, rights-based indicators, and inter-agency coordination. This paper contributes to both academic discourse and policy reform by offering a grounded pathway for aligning Indonesia’s rehabilitation law with evolving global standards.
Strengthening Responsive Mechanisms for the Protection of Witnesses and Victims in the Indonesian Criminal Justice System Kadapi, Resmen; Hasibuan, Fauzie Yusuf; Shodiq, Md.
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.487

Abstract

Witness and victim protection is a vital element of the criminal justice system, yet in Indonesia it continues to face significant challenges. Although the legal framework is established under Law No. 13/2006 as amended by Law No. 31/2014, the implementation remains partial and reactive, with an emphasis on physical safeguards only. This study adopts a normative juridical approach supplemented with limited empirical inquiry to assess the effectiveness of existing mechanisms and to propose a more responsive model. The findings reveal regulatory disharmony with the Criminal Procedure Code, limited institutional capacity of the Witness and Victim Protection Agency (LPSK), and weak fulfillment of victims’ rights, including compensation and psychosocial recovery. These shortcomings contribute to secondary victimization and undermine the legitimacy of the justice system. Comparative insights from the United States, Australia, and the Philippines demonstrate that responsiveness can be enhanced through institutional innovation, early-warning mechanisms, and cross-agency coordination. This study underscores the urgent need for reform toward adaptive and comprehensive protection, while reinforcing the relevance of responsive law and victimology in ensuring substantive justice for witnesses and victims.
Co-Authors Abdul Latif Akkapin, Supaphorn Darodjat, Tubagus Achmad Dharen, Sri Dharmaputra, Ngurah Suradatta Dhumilah, Dewic Sri Ratnaning Hasibuan, Fauzie Yusuf Kadapi, Resmen Lombu, Hadirat Syukur Mohamad Anwar, Mohamad Muhammad Mustofa Nizam, Ary Patria, Widya Nusa Pomsen , Chanida Pringle , Nisa Rattanapun, Supot Rosadi rosadi Suasoongnern, Sineenart