The Role Of The Prosecutor's Office In Terminating Prosecution Of Victims Of Drug Abuse Based On Restorative Justice (Study of the Sumedang District Attorney's Office)

Abstract

The research aims to determine the role of the prosecutor's office in terminating prosecutions against victims of drug abuse, the weaknesses of the prosecutor's role in terminating prosecutions against victims of drug abuse, and the role of the prosecutor's office in terminating prosecutions against victims of drug abuse based on restorative justice. Approach methodempirical legal research (empirical juridical). Empirical legal research is research that examines law as real behavior (law in action), namely how legal provisions are applied and implemented by law enforcement officers in practice. The results of the research and discussion are that (1) The termination of prosecution by the prosecutor against victims of drug abuse has a legal basis in the Criminal Procedure Code and is strengthened by Law Number 35 of 2009 which emphasizes rehabilitation for users. This attributive authority allows for a rehabilitative approach for perpetrators who use it for themselves and are not involved in illicit trafficking. The application in this case has fulfilled the legal, sociological, and philosophical aspects, and reflects restorative justice that is humanistic and oriented towards recovery. (2) The weakness of the termination of prosecution against victims of drug abuse is due to regulatory disharmony, weak coordination, limited rehabilitation, and the dominance of the sentencing paradigm. According to the legal system theory put forward by Lawrence M. Friedman, law is placed as a social system consisting of interrelated elements that work in an integrated manner in society. Law is not only understood as a collection of written norms, but as a mechanism that lives and functions through interactions between the structure, substance, and culture of law. (3) Termination of prosecution by the prosecutor based on restorative justice is legally valid according to Law Number 35 of 2009 and Regulation of the Republic of Indonesia Prosecutor's Office Number 15 of 2020, placing drug abusers as subjects of rehabilitation. This case shows that this approach is appropriate if carried out with an integrated assessment, objective criteria, and transparency, in line with Yudi Latif's thoughts on the restoration of human dignity. Implementation without clear parameters risks creating legal uncertainty.