Enforcement of Criminal Law for Drug Addicts with a Restorative Justice Approach

Abstract

The research objectives in this study: 1). to study and analyze the enforcement of criminal law on drug abuse with a restorative justice approach; 2). to study and analyze the obstacles to the enforcement of criminal law on drug abuse with a restorative justice approach. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and restorative justice theory. The results of the study conclude that: 1) Criminal Law Enforcement on Drug Abuse with a Restorative Justice Approach is carried out through rehabilitation, mediation, customary institutions, consudication, coordination, consultation, counseling guidance, deversion. The process of implementing restorative justice according to Perja No. 18 of 2021 is carried out by an Integrated Assessment team consisting of 3 agencies, namely the Prosecutor's Office, the Police, and the National Narcotics Agency. Regarding the financing of the entire process, it is covered by the state budget (APBN), but for other additional costs required for drug addicts in undergoing rehabilitation, it can be obtained by the family or others provided that it does not conflict with the law; 2). The implementation of Restorative Justice in handling drug abuse cases in Indonesia faces various complex obstacles. Although Restorative Justice offers peaceful conflict resolution outside the court and is supported as a form of moral justice, its implementation in Indonesia is not optimal because there is no legal unification that regulates it systematically in the form of legislation. Law enforcement officers are often hesitant to offer Restorative Justice for fear of being misunderstood, especially in narcotics cases. Other obstacles include the lack of competence of law enforcement officers, inadequate rehabilitation facilities, and the lack of courage of abusers or addicts to report themselves for rehabilitation even though there are privileges they will get. The solution to the obstacles experienced in restorative justice is to improve the competence of law enforcement officers, improve inadequate rehabilitation facilities, provide socialization to the community about restorative justice for drug abusers.

The research objectives in this study: 1). to study and analyze the enforcement of criminal law on drug abuse with a restorative justice approach; 2). to study and analyze the obstacles to the enforcement of criminal law on drug abuse with a restorative justice approach. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and restorative justice theory. The results of the study conclude that: 1) Criminal Law Enforcement on Drug Abuse with a Restorative Justice Approach is carried out through rehabilitation, mediation, customary institutions, consudication, coordination, consultation, counseling guidance, deversion. The process of implementing restorative justice according to Perja No. 18 of 2021 is carried out by an Integrated Assessment team consisting of 3 agencies, namely the Prosecutor's Office, the Police, and the National Narcotics Agency. Regarding the financing of the entire process, it is covered by the state budget (APBN), but for other additional costs required for drug addicts in undergoing rehabilitation, it can be obtained by the family or others provided that it does not conflict with the law; 2). The implementation of Restorative Justice in handling drug abuse cases in Indonesia faces various complex obstacles. Although Restorative Justice offers peaceful conflict resolution outside the court and is supported as a form of moral justice, its implementation in Indonesia is not optimal because there is no legal unification that regulates it systematically in the form of legislation. Law enforcement officers are often hesitant to offer Restorative Justice for fear of being misunderstood, especially in narcotics cases. Other obstacles include the lack of competence of law enforcement officers, inadequate rehabilitation facilities, and the lack of courage of abusers or addicts to report themselves for rehabilitation even though there are privileges they will get. The solution to the obstacles experienced in restorative justice is to improve the competence of law enforcement officers, improve inadequate rehabilitation facilities, provide socialization to the community about restorative justice for drug abusers.