Effectiveness of Termination of Investigations of Narcotics Addicts in The Framework of Restorative Justice Based on Benefit Value

Abstract

This study aims to analyze the effectiveness of terminating investigations for drug addicts within a restorative justice framework that prioritizes utility. The enactment of various regulations, such as Law Number 35 of 2009 concerning Narcotics, the 2014 Joint Regulation of Seven Institutions, and the integrated assessment policy, have encouraged a paradigm shift that drug addicts are not merely criminals but individuals in need of recovery. However, in practice, the implementation of restorative justice for drug addicts still faces various challenges, including overlapping regulations, limited understanding among law enforcement officials, limited rehabilitation facilities, social stigma, and a suboptimal integrated assessment mechanism. This study uses a normative juridical approach combined with an empirical approach through interviews with law enforcement officials, health workers, and relevant parties. The results indicate that restorative justice-based investigation termination can provide significant benefits for drug addicts, their families, and the state by reducing the burden of punishment, increasing rehabilitation effectiveness, and preventing institutional overcrowding Correctional institutions. However, this effectiveness has not been achieved optimally due to weak inter-agency coordination, a lack of uniform technical guidelines, and limited rehabilitation facilities in various regions. The application of restorative justice in the termination of drug investigations has great potential to realize expedition-oriented justice, but requires strengthened regulations, increased officer capacity, provision of rehabilitation facilities, and cross-sector collaboration for optimal implementation.