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Ladyva Rizqina Dinissa; Susilowati Suparto; Etty Haryati Djukardi

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Contract law plays a key role in trade and business. Failure to fulfill obligations in an agreement, known as default, can include non-fulfillment, delays, or performing actions not aligned with the agreement. The aggrieved party is entitled to seek compensation for the default. In a service agreement case resolved through arbitration, the Respondent was found to have defaulted. Despite both parties agreeing to all terms and performing the contract without objection, the Respondent was ordered to pay compensation under Article 1248 of the Civil Code, which includes the concept of "fraud." The author aims to analyze how default in service procurement is resolved through arbitration and whether the arbitral panel’s decision to impose compensation is justified according to the Civil Code and the contract. The research employs a normative legal approach, focusing on literature and statutory regulations. The findings show that both parties committed default, yet the arbitral panel only adjudicated the Respondent, as the Claimant was not counter-sued. Moreover, the Respondent's actions cannot be classified as fraud. The compensation imposed by the arbitral panel based on Article 1248 of the Civil Code should be seen as abuse of circumstances, not fraud..

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Omar Mochtar; Salma Keisa Azzahro Zain; Wahyu Sri Ningsih

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the role of Pancasila in the process of harmonizing international law and national law in Indonesia, with a focus on extradition agreements. As the state ideology and philosophical foundation of Indonesia, Pancasila provides principles that underpin the formation and implementation of national law. This study explores how Pancasila’s values, such as social justice and humanity, influence the policies and implementation of extradition agreements, as well as the challenges faced in aligning national law with international obligations. Using a qualitative approach and case studies, this research demonstrates that Pancasila functions as a moral and ethical guide that reinforces the integrity of Indonesian law in the global context. The findings are expected to provide insights into how the fundamental values of the state can strengthen the harmonization between national and international law and influence foreign policy and law enforcement in Indonesia.

Intan Ayu Purnama; Rahma Nuriasari; Bayu Arnanda; Darni Hayana Ritonga; Muhammad Prabowo +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The Job Creation Law Number 11 of 2020 brings significant changes to various aspects of employment, including workers' leave rights. This article aims to analyze the juridical application of leave rights after the enactment of the law, focusing on the changes that have occurred and their impact on the relationship between workers and employers. While leave rights such as annual leave, maternity leave, and sick leave are still recognized, detailed arrangements regarding the implementation of leave are left to implementing regulations or work agreements. This flexibility provides employers with advantages in workforce management, but raises concerns about potential reductions in workers' rights. The article concludes that these changes must be responded to with fair and transparent policies to maintain a balance between employers' interests and workers' welfare. The research in this paper uses a descriptive analytical research method. This method describes data from various sources, including statutory regulations, journals, and other sources from the internet concerning events that occurred in society.

Nanda Reyriski; Nurul Tahlida Lubis; Seftiana Br Sembiring; Rusni Harianti Nainggolan; Riko Raufik Ramadhani Manik +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Contract workers are workers who are contracted within a certain time, it could be two years, three years or more. In general, workers have a work contract with the company where they work, there are many workers in Indonesia who experience violations of legal protection of labor rights and obligations, and what are the rights and obligations of labor which is the basis of this research. The purpose to be achieved in this paper is to find out what are the rights of labor contracts to workers who often have no knowledge of what is about labor contracts. This article discusses the rights of contract workers based on Indonesian labor law regulations. Contract workers, who are employed under a fixed-term employment agreement (PKWT), have rights that are guaranteed by law although they differ from those of permanent workers. Some of these rights include wages, social security, employment protection, and the right to compensation in the event of termination before the contract ends.  

Muhammad Ali Hadidie Parinduri

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.

Sanusi Sanusi; Mukhidin Mukhidin; Fajar Ari Sudewo; Ervin Hengki Prasetyo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Mohamad Faishal Agil; Ansori Ansori

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Regional cooperation agreements are not something new, these regional cooperation agreements have a positive impact in improving people's welfare which makes this cooperation based on considerations of efficiency and effectiveness of public services that are mutually beneficial. In practice, there are problems that often arise in regional cooperation agreements. In this research, we want to examine in more depth the flow of implementing regional cooperation agreements and also want to examine what factors cause the failure or non-performance of a regional cooperation agreement with the Sumenep Regency Government. The results of this research are that the stages in regional cooperation agreements are regulated in Minister of Home Affairs Regulation No. 22 of 2020 article 6. And the problems that often arise are 1) The cooperation agreement that will be carried out is not accompanied by a draft of a mutual agreement between the regent and the leadership of the party that will collaborate. 2) Most of the articles on rights and obligations as well as financing have not found common ground so that the draft text of the cooperation agreement that has been discussed has not yet been signed. 3) The draft cooperation agreement that was prepared several times is not in accordance with the Minister of Home Affairs Regulation on Procedures for Regional Cooperation with Other Regions and Regional Cooperation with Third Parties.

Siti Mutmainah

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Article 1 point 10 of Law Number 30 of 1999 concerning alternative dispute resolution, is a form of dispute resolution outside the court, including mediation. Alternative dispute resolution, the parties are assisted by a third party in resolving the dispute with a mediator. The alternative dispute resolution law provides a variety of non-litigation dispute resolution options. It should be emphasized that the option of dispute resolution with alternative dispute resolution is limited to disputes in the civil field. The purpose of this study is to determine the application of mediation through online dispute resolution in Indonesian laws and regulations as well as to find out the obstacles and challenges in the implementation of online dispute resolution mediation in an effort to resolve disputes in a non-litigation manner. The research method used is using the empirical juridical approach method, the research specification used in this study is descriptive analytical. The type of data in this study uses qualitative data while the data source uses primary data, namely interviews, observations, and secondary data, namely by studying the provisions of laws and regulations, other regulations, researching principles, conceptions, views, doctrines, and legal rules through books, journals, papers, and research results, the results of data analysis to answer problem issues. Conclusion The application of mediation through Online Dispute Resoution in laws and regulations in Indonesia is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Article 5 paragraph (3) of PERMA Number 1 of 2016 concerning Mediation Procedures in Court. The obstacles to the implementation of Online Dispute Resolution depend on the good faith of the parties and the equipment used. Mediation is difficult to reach an agreement if the parties do not provide information clearly and transparently, and are constrained by the equipment used. 

Aisyah Adilla; Sumriyah Sumriyah

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

An agreement according to article 1313 of the Civil Code explains that "An agreement is an act in which one or more persons bind themselves to one or more other persons". Which in this case is an agreement according to K.R.M.T Tirtodiningrat, an agreement is a legal act based on an agreement between two or more parties, which as a result of the law can be fulfilled by the provisions of the applicable law. A sale and purchase agreement is an agreement in which one party binds himself to hand over an object and the other party to pay the price of the object that has been agreed.  This research is entitled "The Application of the Principle of Consensualism in the Peanut Sale and Purchase Agreement in Taman Village, Jrengik District, Sampang Regency". The purpose of this study is to find out how the principle of consensualism is applied in the peanut purchase and sale agreement in Taman Village and what are the legal consequences that will be obtained for parties who violate the principle of consensualism in the peanut purchase and sale agreement in Taman Village, Jrengik District, Sampang Regency. Thus the study uses empirical research methods. This research method is an approach that prioritizes the use of real evidence and in-depth observation as the basis for his research work. In the results of observations that have been made by researchers on the application of the principle of consensualism of peanut buying and selling agreements in Taman Village, Jrengik District, Sampang Regency, as the times go by, many residents have applied the principle of consensualism in the buying and selling process.

Vianti Nur Mauliddya Ike Safitri; Moh. Soleh

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is an archipelago with diverse languages, ethnicities, religions and cultural tribes. Although there are many differences, Indonesian citizens always uphold kinship, tolerance and harmony in their environment.  This is in accordance with the motto of the Indonesian nation, namely “Bhineka Tunggal Ika” which describes the diversity of the Indonesian nation, but still one. In dispute resolution, in addition to legal channels, another form of dispute resolution in the form of alternative out-of-court settlements, which is often used by the Indonesian people, is the concept of mediation. One example of its application is in Jarin Village, Pamekasan, which resolves disputes through a negotiation process to obtain a peaceful agreement. The parties to the dispute are assisted by mediators, who are played by the village government and community leaders who are respected by the community. The form of research method used is Empirical. The research data comes from field samples that will be analyzed in a qualitative description. The results of the research are used to determine how effective mediation is in resolving disputes non-litigatively or without legal and/or judicial channels.

Dewi Rahayu S. Gah; Yossie M.Y. Jacob; Helsina F. Pello

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the employment agreement held by CV. Citra with the Kupang Regional Health Detachment is a type of private agreement. Thus, as long as the parties carry out a legal act to make a private agreement, the agreement has binding legal force like a law for the parties who make it. CV. Citra and the Kupang Regional Health Detachment have a work cooperation agreement. In the Agreement, CV. Citra has an obligation to fulfill health services at the Kupang Regional Health Detachment in the form of providing pharmacy facilities through a recommendation application for renting State Property (BMN) in the form of land/land to be utilized. This study aims to determine and analyze the strength and legal impacts that occur in the employment agreement between CV Citra and the Kupang Regional Health Detachment. This study is an empirical legal research, where the research is called qualitative research, namely research that produces descriptive-analytical data. The results of the study indicate that the binding power of an underhand agreement between CV. Citra with the Kupang Regional Health Detachment based on the discussion above already has a binding force between the two parties who entered into a cooperation agreement with Number: PKS / 01 / IX / 2008, dated September 11, 2008 which has been registered / Warmeking legalized by Notary Silvester Joseph Mambaifeto, S.H, under Number; 206 / 2018, dated September 11, 2008. The legal impact if one party defaults on an agreement in this case the case between CV. Citra Kartika and the Kupang Regional Health Detachment based on the discussion above after holding various meetings to find a consensus but not finding a consensus, CV. Citra Kartika demands material and immaterial compensation from the Kupang Regional Health Detachment in the amount of Rp. 10,354,700,000,000.

Elsa Wisudawati Batubara; Pardomuan Sitompul

Algoritma : Jurnal Matematika, Ilmu pengetahuan Alam, Kebumian dan Angkasa 2024 Asosiasi Riset Ilmu Matematika dan Sains Indonesia

The Fast Fourier Transform (FFT) method for solving the 1-D heat diffusion equation offers an efficient approach for resolving partial differential equations (PDEs) with various time steps . FFT is used to transform the 1-D heat diffusion equation into the frequency domain and back to the time domain through inverse FFT. Using mathematical modeling with initial and Dirichlet boundary conditions, the numerical solutions produced by FFT are compared with analytical solutions. The accuracy of the method is validated using MAE and MSE calculated in Matlab. At several time intervals , the obtained MAE and MSE values indicate a good agreement between the numerical and analytical solutions, with very small errors. Numerical stability analysis confirms the reliability of the FFT method across various  The variation in time step  has a significant impact on the accuracy and stability of the solution. Smaller time steps improve accuracy and stability but require longer computation times. The optimal time step selected in this study is  Increasing the number of discretization points  also enhances accuracy but implies an increase in computational load and memory usage. The FFT method demonstrates good numerical consistency with increasing  

Anisa Fitri Al Husna; Imam Prawoto; Rizal Maulana

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study examines pricing mechanisms in the buffet system at Wisma Tamu Al Ishlah Restaurant from the perspective of Islamic economic justice principles. This research is crucial given the limited studies that analyze buffet pricing practices from an Islamic economic perspective, particularly in a pesantren (Islamic boarding school) environment. This research adopts a qualitative approach with field research methods, utilizing interviews, observations, and documentation for data collection. The findings indicate that the pricing mechanism at Al Ishlah Restaurant employs a cost-based method, setting prices based on raw material costs, capital, operational expenses, and production services, adjusted according to the types of food selected by customers. Generally, the pricing practices at Wisma Tamu Al Ishlah Restaurant align with Islamic economic justice principles, ensuring that no party is disadvantaged and upholding honesty in transactions. Prices are established through mutual agreement between the restaurant and the customer, ensuring fairness. However, price transparency presents a challenge that could affect consumer perceptions. This research contributes to the development of Islamic economic theory in the culinary business context and provides recommendations to enhance justice in buffet pricing..

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nur Zika Fauziah; Rahmad Adi Nugroho; Sri Wahyuni

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study investigates the role of citizenship in the context of dual identity in Indonesia's multicultural society, as well as how Islamic law and national law interact with law enforcement. Due to the extraordinary cultural and religious diversity, Indonesia faces challenges in integrating the dual identities of its people. Cultural and religious identities often lead to conflicts among citizens governed by national law, especially when it comes to religious rules and Islamic law. How dual identity affects law enforcement in Indonesia is explored through qualitative research using descriptive-analytical techniques. Data was obtained through in-depth interviews with relevant individuals and analysis of national legal and religious documents. The research results indicate that although Law No. 12 of 2006 on Citizenship provides a legal basis for all citizens. In reality, Islamic law often plays a larger role in the lives of Muslim communities. The disagreement between religious law and national law causes chaos in law enforcement, especially regardingin heritance and family issues. In addition, this research examines the legal systems in other countries with multicultural populations, such as Malaysia, India, and Canada. These countries demonstrate similar issues in creating fair legal policies for multicultural societies. This research concludes that an inclusive approach must be used in the formulation of legal policies in Indonesia so that dual identities in society can be accepted by the state’s legal system, allowing.

Tobing, Rudyanti Dorotea; Nugraha, Satriya; Putra, Rengga Kusuma

DINAMIKA HUKUM 2024 Universitas Stikubank

Article 468 paragraph (3) of the Election Law mandates that Bawaslu and its regional offices carry out the Settlement of Election Process Disputes (PSPP) through mediation or deliberation and consensus. This mediation is not optional but obligatory, aiming to reach an amicable agreement between the disputing parties. This process reflects Indonesia's local wisdom in resolving disputes peacefully through deliberation. Mediation or deliberation embodies Indonesia’s local wisdom in peacefully resolving disputes, providing psychological and political peace of mind for the parties involved through a win-win solution approach. In PSPP, mediation is prioritized to achieve a fair agreement for all disputing parties. The method used is normative juridical and employs descriptive analysis. In the 2024 elections, the number of PSPP applications decreased significantly, but the quality of dispute resolution through mediation improved. According to Bawaslu RI data as of March 25, 2024, 64.46% of disputes at the stage of determining the Provisional Candidate List (DCS) and the Final Candidate List (DCT) were resolved through mediation, 83.87% at the stage of changes to the DCT, and 97.34% for the Settlement of Disputes between Election Participants (PSAP). For the verification and determination of political parties, 16.67% were resolved through mediation. This success was supported by mediator training, the enhancement of election supervisors’ capacities, as well as representative technical guidelines from Bawaslu RI, along with the strong commitment of all election supervisors.

Arni Damayanti; Fika Fitriani; Bunga Citra Lestari; Irma Pramudhita; Rapih Nur Kharismatika +3 more

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the era of globalization, intercultural communication (ICC) is key in building and strengthening international relations. This study aims to explore the role of ICC in the context of diplomacy, focusing on cultural differences that affect communication between diplomats during international negotiations. Through a qualitative approach and case study method, data were collected from in-depth interviews with diplomats and analysis of official documents. The results of the study indicate that cultural differences can cause miscommunication and tension that impact the outcome of the agreement. Therefore, effective communication strategies, such as adjusting communication styles, empathy, and using mediators, are needed to overcome these challenges. With a deep understanding of the cultural background of partners, diplomats can create a constructive communication environment, increase trust, and reach mutually beneficial agreements. This study is expected to provide valuable insights for practitioners, academics, and policymakers in improving the effectiveness of ICC at the international level.

Jesycha Nasrani Lussy; Jeffry A. Ch. Likadja; Elisabeth N.S. Bota Tukan

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the legality of foreign investment registration in the online single submission risk based approach (Oss-RBA) system in Indonesia. This research is a normative research using primary, secondary and tertiary legal materials collected by tracing or searching and documentation studies, the legal materials that have been collected are processed and analyzed in several stages, namely inventory, identification, classification and systematization. The results of the study show that (1) Law Number 25 of 2007 concerning investment has been in compliance with TRIMs. (2) Foreign investment business licenses in the Oss-RBA system are not considered to violate TRIM's because they are not regulated in the illustration of the violation of the TRIM's agreement.     

Marchela Sarianti Tungga; Yossie M. Y. Jacob; Husni Kusuma Dinata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Transactions are legal acts using computers, computer networks, and/or other electronic media. One of the online shopping trends in Indonesia now is shopping using a live broadcast system via the social media Facebook. The system is where the seller displays the goods being sold and states the condition, the type of material, and the price determined by the seller. And if there are interested buyers, there will be a sale and purchase agreement between them. The formulation of the problem in this research is (1) How to implement agreements in online buying and selling transactions via live broadcasts on Facebook. (2) What are the obstacles to implementing the agreement in protecting the rights and obligations of buyers and sellers in online buying and selling transactions via live broadcasts on Facebook?This research is empirical juridical research, with data obtained by interviewing 16 respondents and supported by primary and secondary data, quantitative analysis, and description. The results of this research show that: (1) Implementation of responsibilities for the parties in the sale and purchase agreement at Vmshop-Kupang. Where the implementation of responsibilities has been well regulated in the mutual agreement in the agreement made, but the implementation is still less effective and things are still found that are detrimental to online buyers. (2) The inhibiting factor in implementing the sale and purchase agreement on the Vmshop-Kupang Facebook account is the lack of awareness on both sides regarding the importance of the agreement as a value that protects both parties, namely online buyers and online sellers if a dispute occurs in the future and other factors, namely The time to make a letter of agreement takes a very long time and is complicated so that both parties carry out the agreement with a system of trust without thinking about what will happen in the future.Online buyers must pay proper attention to the procedures for carrying out online buying and selling transactions and the rules that exist in buying and selling transactions as well as the importance of written agreements.

Ayu Wulandari; Siti Ramlah Usman; Helsina Fransiska Pello

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Installment Credit with Fiduciary System at Pegadaian (Pawnshop) is quite popular among the public, especially for small and medium enterprises, as it provides easy and fast financing services. The purpose of this study is to understand the implementation of the Fiduciary System Installment Credit Agreement at PT. Pegadaian Larantuka. The theoretical benefit of this research is to provide information for the development of legal knowledge, particularly in the field of civil law regarding Fiduciary System Installment Credit at pawnshops, while the practical benefit is to contribute ideas and suggestions for relevant stakeholders, especially customers. The research method used is empirical research. The data used in this study are based on the relevance of the data sources, which include primary, secondary, and tertiary data. The results of the study indicate that the implementation of the fiduciary system installment credit agreement at PT. Pegadaian Larantuka is offered to individuals who have been running a business for at least one year. The process starts with the prospective customer applying for credit, followed by Pegadaian analyzing the applicant's profile. The prospective customer then completes the necessary requirements and signs an agreement form, binding both parties to a specific object. The factors hindering the proper implementation of the KREASI agreement are typically caused by the customer or debtor's default, which may result from financial issues, negligence, economic conditions, or other unforeseen circumstances.

Ersya Ananda Kusuma Wardani; Muhammad Rustamaji

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Narcotics Abuse has become a vital problem in several countries, including Indonesia. To solve the problem, the Indonesian government has implemented various policies, including a restorative justice policy. The regulation highlighted rehabilitation, reconciliation, and reintegration for the perpetrators, victims, and community. This research aimed to evaluate the implementation of restorative justice regulation in the treatment of drug abuse in Indonesia. The descriptive qualitative method in this study was done through the analysis of literature reviews from various sources related to the application of restorative justice policy for narcotics abuse. The results showed that the implementation of restorative justice policy still got some challenges, even though the regulation was directly adopted to handle narcotics abuse. The contributed factors were the lack of understanding about narcotics abuse and society support, limited resources, and the disagreement among agencies and those factors influenced the effectiveness of the policy implementation. In conclusion, the implementation of restorative justice policy needs more attention and progress continuity, even though the policy has offered an approach that has effective potential in treating narcotics abuse. It needs great attempt to make the society understand the problem, better communication among the agencies, and the allocation of enough resources to effectively support the policy.