Claim Missing Document
Check
Articles

A Legal Analysis Of The Restorative Justice Approach In Resolving Cases Involving Victims Of Drug Abuse At The Police Level (A Case Study In The Jurisdiction Of The Banten Provincial Police) Marthin Naibaho; Benny Irawan; Rena Yulia
Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis Vol 7, No 2 (2026): Social Sciences, Education and Humanities
Publisher : Universitas Dharmawangsa Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/ijsseh.v7i2.9198

Abstract

This study aims to critically examine the implementation of the Restorative Justice approach in handling cases of drug abuse victims at the police level based on the Republic of Indonesia National Police Regulation Number 8 of 2021. The research method used is normative juridical with a descriptive-prescriptive nature and a statute approach. Data analysis was conducted qualitatively on primary, secondary, and tertiary legal materials. The results of the study indicate a fundamental conceptual paradigm conflict between the restorative justice mechanism in Police Regulation Number 8 of 2021 and the mandatory rehabilitation instrument contained in Law Number 35 of 2009 concerning Narcotics. In the law, rehabilitation tends to be constructed as part of the criminalization instrument (punitive), while the Police Regulation prioritizes investigative disclosure (non-litigation) for social recovery. In the implementation of the system, overlapping regulations between law enforcement institutions and unclear victimological parameters trigger legal openness and the risk of disparities in the field. This study concludes that a comprehensive revision of Police Regulation No. 8 of 2021 is necessary to harmonize technical regulations for victims of drug abuse and strengthen institutional synergy to achieve transparent substantive justice.
CONFLICT RESOLUTION PATTERNS IN INDIGENOUS COMMUNITIES OF INDONESIA: A COMPREHENSIVE STUDY OF THE CUSTOMARY LAWS OF BADUY, KAJANG, AND ANAK DALAM IN JAMBI Rena Yulia; Chairul Huda; Muhamad Romdoni; Achmad Cholidin; Bhanu Prakash Nunna
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4671

Abstract

This study examines the conflict resolution practices of Baduy, Kajang, and Suku Anak Dalam (SAD) Jambi communities, all of whom continue to apply customary law to address violations within their territories. Using a combination of normative and empirical methods with snowball data collection, the research identifies the traditional mechanisms through which these communities maintain social order. Baduy resolve disputes through Silih Hampura, carried out via the Ngabokoran process and guided by Pikukuh, an unwritten code defining customary violations and their resolutions. Kajang apply Pasang Ri Kajang, an oral system that uses oaths, crowbar-burning, or incense-burning rituals in conflict settlement. The SAD Jambi follow a customary framework consisting of four primary and four secondary principles and dua belas categories of violations. Conflict resolution in Kajang and SAD communities typically involves customary fines, while the Baduy impose banishment rather than imprisonment. Across the three groups, the central aim of customary dispute resolution is the restoration of cosmic religious balance, benefiting not only the parties involved but the community and the wider natural order.