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Septiana Agri, Siska
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The Juridical Analysis of Narcotics Abuse Settlement through Restorative Justice in Bekasi Septiana Agri, Siska; Kanthika, I Made; Markoni, Markoni; Sembiring, Malemna Sura Anabertha
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.47626

Abstract

This study aims to analyze the implementation of restorative justice in drug abuse cases at the District Attorney’s Office of Bekasi Regency. The approach is grounded in the values of substantive justice, humanity, and criminal justice system effectiveness, particularly in response to the inefficiencies of conventional penal models for drug users. This research adopts a normative juridical method and a case study approach of the suspect Muhamad Yunus. The resolution of narcotics abuse cases through rehabilitation is a mechanism inseparable from the implementation of restorative justice, with the spirit of restoring the original condition by rehabilitating the perpetrator of narcotics abuse, which constitutes a victimless crime. The Prosecution Service may terminate prosecution if the perpetrator meets certain criteria and can undergo rehabilitation, thereby providing a solution to narcotics abuse cases involving offenders better suited for rehabilitative measures. The findings reveal that while restorative justice is not explicitly regulated in Law No. 35 of 2009 on Narcotics, its implementation can be legally justified through prosecutorial discretion based on the Attorney General’s Regulation and integrated assessment results. The study also emphasizes the importance of amending legislation to strengthen the legal legitimacy of restorative justice in drug-related cases as a corrective and humanistic approach within Indonesia’s criminal justice system