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Harry Fauzi; Bohari Muslim; Yanti Arnilis; Magfirah Magfirah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Drug abuse is a serious problem that not only affects individuals, but also threatens social stability and public health. In response to this problem, the concept of Restorative Justice emerged as a humane alternative that focuses more on restoring the physical, mental and social conditions of the offender. This theoretical study shows that rehabilitation through the Restorative Justice approach is a more humane, effective, and sustainable solution in dealing with drug abusers compared to the conventional prison approach. This research uses a normative juridical research method that is descriptive and analytical, with a library research approach. This method was chosen to examine in depth the concept, regulation, and application of rehabilitation as a restorative justice solution in handling drug abusers. The data used consists of primary data, namely laws and regulations related to narcotics, rehabilitation, and restorative justice, such as the Narcotics Law, Attorney General Regulation Number 18 of 2021, and Police Regulation Number 8 of 2021.Secondary data are academic literature, scientific journals, books, articles, and official documents that discuss rehabilitation and restorative justice in the context of narcotics abuse. Data collection techniques are collected through documentation studies and literature studies. Data analysis used qualitatively consists of normative juridical analysis to examine legal provisions and regulations governing rehabilitation and restorative justice. In Indonesia, the application of rehabilitation as a restorative justice solution has been regulated in various regulations, such as the Narcotics Law, Attorney General Regulation Number 18 of 2021, and Police Regulation Number 8 of 2021. These regulations provide a legal basis for rehabilitation as an alternative to punishment that prioritizes recovery and social reintegration.  

Muhammad Wawan Darmawan; Karim Karim

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The phenomenon of law enforcement in Indonesia today often causes controversy, polemics, resistance, protests or sharp criticism from various groups. The opinions of various parties who disagree with this legal process are often based on the assumption of harming the legal justice of the community who actually no longer agree with the formal legal process through the criminal justice system. One concept that is considered appropriate to overcome various legal problems as described above is to use the restorative justice principle approach. The purpose of this study is to determine the regulation of criminal law related to the settlement of criminal cases by the police and prosecutors by applying the principle of restorative justice based on progressive legal theory. The method used in this study is the normative juridical method. The results of this study provide an overview that: First, Legal regulations related to the settlement of criminal cases by police investigators and prosecutors using the principle of restorative justice are regulated in Articles 13 to 15 of the Chief of Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice (PTPBKR) and Articles 4, 5 and 6 of the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (PPBKR). Second, The procedures for resolving criminal cases using the restorative justice principle approach by the police are regulated in Articles 11 to 18 of the PTPBKR, while the procedures for resolving criminal cases using the restorative justice approach by the prosecutor's office are regulated in Articles 7 to 14 of the PPBKR