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TELAAH YURIDIS PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN KASUS KORBAN PENYALAHGUNA NARKOTIKA DI TINGKAT KEPOLISIAN (STUDI KASUS DI WILAYAH HUKUM POLDA BANTEN)
The handling of narcotics abuse offenses in Indonesia has long been dominated by a repressive approach that positions drug abusers as criminal offenders, thereby neglecting the victim recovery aspect and contributing to high rates of incarceration. Developments in the criminal justice system have encouraged the emergence of the restorative justice approach as a new, more humane paradigm, including in the handling of cases involving victims of narcotics abuse, as regulated in Regulation of the Chief of the Indonesian National Police Number 8 of 2021 on the Handling of Criminal Offenses Based on Restorative Justice. This study formulates two main issues: a juridical analysis of the restorative justice approach in the resolution of cases involving victims of narcotics abuse based on Police Regulation Number 8 of 2021, and an examination of its implementation at the policing level. The research employs a normative legal research method, utilizing statutory and conceptual approaches. The findings of this study indicate that (1) the restorative justice approach embodied in Police Regulation Number 8 of 2021 signifies a paradigm shift in law enforcement toward a conception of justice that emphasizes recovery, utility, and balance. The principles of participation, responsibility, and social restoration, as articulated by Tony Marshall and Howard Zehr, serve as the foundation for a treatment-oriented approach to narcotics cases. However, its application to victims of narcotics abuse encounters juridical problems, as the characterization of narcotics offenses as victimless crimes is not fully compatible with the requirement of reconciliation between parties. Moreover, the obligation to undergo rehabilitation and integrated assessment at the police stage is not entirely consistent with restorative justice theory or with the prevailing criminal law system; and (2) the application of restorative justice by the police in narcotics abuse cases constitutes an innovation in law enforcement oriented toward recovery and rehabilitation. Nevertheless, in practice, errors in implementation persist, including the potential for deviation and misinterpretation that equates restorative justice solely with rehabilitation. The complex status of drug addicts as both offenders and victims further complicates implementation. Weak supervision and divergent interpretations among law enforcement officers also contribute to legal uncertainty. Therefore, clearer criteria, strengthened oversight, and interinstitutional synergy are required to ensure that restorative justice genuinely realizes substantive justice.
MAGISTER HUKUM, UNIVERSITAS SULTAN AGENG TIRTAYASA
TELAAH YURIDIS PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN KASUS KORBAN PENYALAHGUNA NARKOTIKA DI TINGKAT KEPOLISIAN (STUDI KASUS DI WILAYAH HUKUM POLDA BANTEN) (Text)
TELAAH YURIDIS PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN KASUS KORBAN PENYALAHGUNA NARKOTIKA DI TINGKAT KEPOLISIAN (STUDI KASUS DI WILAYAH HUKUM POLDA BANTEN) (Other)
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