The Role of The Prosecutor in Case Settlement Criminal Acts of Drug Abuse with a Restorative Justice Approach (Case Study at The Kulon Progo District Attorney's Office)

Abstract

The prosecutor has a very vital and central role in carrying out the enforcement of law, especially in the application of Restorative Justice in Criminal Acts. The settlement of cases carried out by the Prosecutor against narcotics users is not only about punishing the perpetrators, but also provides the opportunity to rehabilitate, especially for users who are trapped in dependency problems who are not perpetrators involved in the production and distribution of narcotics. The approaches used in this writing are the statute approach, the conceptual approach, and the document analysis approach. This study uses a problem formulation, namely the Role of the Prosecutor's Office in Solving Narcotics Abuse Criminal Cases with a Restorative Justice Approach; Weaknesses in the Settlement of Narcotics Abuse Criminal Cases with a Restorative Justice Approach; The Role of the Prosecutor's Office in Solving Narcotics Abuse Criminal Cases with a Restorative Justice Approach in the future. The approach method used is normative juridical, the research specification is descriptive analytical. Data types and sources use primary data and secondary data. The data collection method is carried out through literature studies and the data analysis method is qualitative analysis. The theories to analyze the research are authority theory, legal system theory, and restorative justice theory. Based on the results of the study, it can be concluded that the Prosecutor's Office has a major role in determining the termination of prosecution for narcotics addicts with rehabilitation conditions, as a link between law enforcement and rehabilitation needs. However, restorative justice practices still face judicial constraints, inter-institutional coordination, capacity of rehabilitation facilities, as well as social influence and post-rehabilitation monitoring. In the future, the role of the Prosecutor's Office is expected to be more strategic and comprehensive by strengthening mechanisms, coordination, and rehabilitation capacity so that case settlement is fairer, more effective, and supports the social recovery of suspects and community protection.