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Cempaka Arumsari

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

Harianto Sitepu; Risnita Risnita; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Drug misuse continues to be a complicated social and legal issue that has an impact on societal stability, public health, and personal wellbeing. Many criminal justice systems have moved away from punitive tactics in favor of rehabilitation-focused ones in recent years, especially for drug users who are frequently viewed as sufferers of addiction rather than serious criminals. The National Narcotics Agency (BNN) in Indonesia is implementing rehabilitation programs and restorative justice processes as a result of this change. This study investigates the efficacy of restorative justice in drug rehabilitation at Jambi Province's National Narcotics Agency and evaluates its applicability from the standpoint of Islamic law, specifically the framework of maqāṣid al-sharīʿah. The study uses a case study design and a qualitative methodology. Participant observation, document analysis, and in-depth interviews with BNN officials, rehabilitation counselors, medical staff, and ex-drug users were used to gather data. The results show that an integrated evaluation system that assesses drug users' physical, psychological, and social states in order to determine their eligibility for recovery is used to institutionally apply restorative justice principles. Combining medical care, psychological counseling, and social reintegration programs, the rehabilitation programs greatly aid in participants' recuperation, enhance psychological stability, and fortify familial ties. Additionally, by promoting individual responsibility, family support, and community involvement, restorative justice-based rehabilitation lowers the risk of recidivism. From the standpoint of Islamic legal philosophy, these actions are consistent with the goals of maqāṣid al-sharīʿah, specifically the defense of human dignity, life (ḥifḍ al-nafs), and intellect (ḥifḍ al-ʿaql). According to the study's findings, restorative justice-based rehabilitation is a compassionate and successful method of treating drug dependency while encouraging social reintegration and long-term recovery.

Dasep Nurdin; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Yulizar Yulizar; Mohd. Din; Adwani Adwani

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The circulation of narcotics as a serious crime in Indonesia faces the reality that some types of narcotics have medical benefits when used in limited quantities and under strict supervision, while cannabis plants remain classified as Class I Narcotics in Law No. 35 of 2009 concerning Narcotics, thereby prohibiting their use in health services. This situation raises legal issues regarding the basis for classification, legal qualifications, and the possibility of updating norms so that cannabis can be used for medical purposes. This study aims to analyze the historical and legal basis for the classification of cannabis, its qualification in the national legal system, and to formulate a normative regulatory concept that allows its use for health services. The method used is normative legal research with a historical and comparative approach, through a literature study of primary and secondary legal materials, which are analyzed descriptively and qualitatively. The results of the study show that the classification of cannabis is rooted in international commitments through the 1961 Single Convention on Narcotic Drugs, which was later ratified and adopted into national law, so that legally cannabis is only permitted for research purposes. however, considering the development of science and practice in various countries, it is necessary to update the norms through the formation of a Ministerial Regulation as mandated by Article 6 paragraph (3) of the Narcotics Law as a limited and controlled first step to open up the use of cannabis in health services without neglecting the principle of preventing abuse.

Hoirul Rohman; Irawan Soerodjo; Dudik Sjaja Sidarta

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The handling of children involved in narcotics crimes requires a restorative approach focused on rehabilitation rather than punishment. This study aims to examine the role of police investigators in applying restorative justice to child offenders in narcotics cases and to identify the obstacles encountered in its implementation. This research employs a normative legal research method with statutory and conceptual approaches. Primary legal materials include Law Number 11 of 2012 on the Juvenile Criminal Justice System, Law Number 35 of 2009 on Narcotics, and Chief of Police Regulation Number 8 of 2021. The findings show that investigators play a strategic role in facilitating diversion, including conducting initial assessments, facilitating diversion deliberations, and coordinating with supporting institutions such as the Correctional Center (Bapas), National Narcotics Agency (BNN), and Social Services. However, implementation remains suboptimal due to internal constraints, including inadequate training and understanding among investigators, limited facilities such as child-friendly rooms and mediation spaces, regulatory disharmony between the Juvenile Criminal Justice System Law and the Narcotics Law, weak inter-agency coordination, and lack of support from families and communities. Post-diversion monitoring is also ineffective. This study concludes that strengthening investigator capacity through specialized training, improving legal frameworks through regulatory harmonization, and enhancing inter-agency collaboration are essential to ensure restorative justice truly serves the best interests of children.

Syabdha Alamsyah; Sri Astutik; Noenik Soekorimi

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the effectiveness of narcotics crime investigation by the Narcotics Investigation Unit (Satuan Reserse Narkoba) from the perspective of Indonesia's Criminal Procedure Code (KUHAP) and related legislation. The study also analyzes the juridical-normative obstacles encountered during investigation processes, along with potential solutions under Indonesian positive law. As an extraordinary crime, narcotics offenses require precise and legally sound investigation methods. However, investigative practices often face challenges due to inconsistencies between legal norms and field implementation, limited resources, and the absence of clear regulations on special investigative techniques such as wiretapping and controlled delivery. This normative legal research employs statutory and conceptual approaches, analyzing primary legal materials including Law Number 8 of 1981 (KUHAP), Law Number 35 of 2009 on Narcotics, and various implementing regulations. The findings indicate that narcotics investigations are not yet optimal due to weak technical regulations, disharmonized laws between KUHAP and the Narcotics Law, overlapping authority between the Police and the National Narcotics Agency (BNN), and a lack of protection for whistleblowers and witnesses. The legal gap in regulating special investigation methods creates uncertainty in evidence admissibility. Proposed solutions include regulatory reform through KUHAP revision, improving investigator competence through specialized training, utilizing modern technology, strengthening inter-agency coordination, and enhancing internal and external oversight mechanisms. Legal reform and institutional synergy are essential to enhancing the overall effectiveness of narcotics investigations in Indonesia.

Arief Budi Wicaksono; Hartoyo Hartoyo; Fathul Hamdani

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Remission constitutes a right granted to inmates who meet specific requirements as a form of recognition for good behavior during imprisonment. This study aims to examine the requirements for granting remission to correctional inmates and analyze the societal impacts when remission is given to convicts of corruption, terrorism, and narcotics offenses. The research employs a normative juridical approach through a literature study. The findings demonstrate that remission possesses a clear legal foundation encompassing both general and specific requirements, particularly for perpetrators of serious crimes. General requirements include serving at least six months of imprisonment, demonstrating good behavior, and actively participating in guidance programs. For special crime perpetrators, additional requirements apply, including becoming justice collaborators, paying fines and compensation, and participating in deradicalization programs. However, granting remission to special crime convicts generates negative impacts on public perception of justice, deterrence effects, and the integrity of law enforcement. The research concludes that a more selective and accountable remission policy supported by public oversight is necessary to align with the objectives of correctional guidance and legal justice.

Yuanita Mayangsari; Noenik Soekorini; Vieta Imelda Cornelis

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Drug abuse constitutes a serious threat to public health, social stability, and national security. This study examines law enforcement mechanisms against drug abuse under Indonesian Law Number 35 of 2009 on Narcotics and evaluates preventive measures implemented to combat this phenomenon. Employing a normative juridical approach through a comprehensive literature review, this research analyses the implementation of both penal and non-penal approaches in addressing narcotics-related offences. The findings reveal that law enforcement practices predominantly emphasise punitive measures, despite legislative provisions accommodating rehabilitation for drug users. The dual approach integrating criminal sanctions with social and health services remains suboptimal due to institutional constraints, limited rehabilitation facilities, inadequate training for law enforcement personnel, and weak inter-agency coordination. Preventive efforts through education, family empowerment, school-based programs, community engagement, and media campaigns have been implemented but continue to face challenges, including social stigma and insufficient public awareness. This study recommends strengthening restorative justice implementation, expanding rehabilitation service capacity, and enhancing cross-sectoral collaboration to build societal resilience against drug abuse while ensuring that users receive appropriate treatment rather than mere criminalisation.

Ilham Yoga Pratama; Hasbullah Azis; Rahmat Wisudawanto

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Public communication in efforts to prevent drug abuse faces increasingly complex challenges in the digital era, particularly in reaching young people who are strongly influenced by social media and the dynamics of their social environment. This study aims to analyze the communication strategies implemented by the National Narcotics Agency (BNN) of Surakarta City in carrying out the Drug Abuse Prevention, Eradication, and Illicit Trafficking Program (P4GN) oriented toward the younger generation. The study employs a descriptive qualitative approach, with data collected through in-depth interviews with public relations staff of BNN Surakarta City, as well as a review of program documents and communication materials. The data were analyzed using content analysis and validated through source and method triangulation. The findings indicate that BNN’s communication strategies include audience segmentation based on age and educational level, the utilization of digital media such as Instagram and TikTok, and collaboration with local public figures, micro-influencers, and youth communities. Peer-based and participatory communication approaches are considered more effective than one-way, purely informative communication patterns. Nevertheless, limitations in human resources and budget, along with the rapid flow of digital information, remain the main challenges in program implementation. This study emphasizes the importance of persuasive, adaptive, and contextual communication strategies to enhance the effectiveness of P4GN campaigns among the younger generation.

M. Julianto Al Hakim; Diah Gustiniati Maulani; Dona Raisa Monica

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The illicit circulation of narcotics in Indonesia has undergone a fundamental evolution into cyber-enabled crime, where drug syndicates systematically exploit children as technical operators through digital media to sever the main network chain and evade legal detection. This study aims to analyze the anatomy of the modus operandi of narcotics transactions involving children in the digital realm and examine its legal implications for the process of proof and criminal liability. Utilizing an empirical juridical research method with a sociological approach conducted in the jurisdiction of the Metro Police Resort, Lampung, this research identifies a shift in modus operandi towards the "Map System" or Dead Drop Method. In this modus, the child's role is divided into three sophisticated technical stages: pre-transaction via encrypted communication, field execution (mapping & dropping) using precise GPS coordinates, and post-transaction involving digital cleaning, which creates a phenomenon of crime "gamification" where children perceive the criminal act akin to an online game mission. The legal implications of this phenomenon present serious challenges regarding the validity of electronic evidence, which is volatile due to a weak chain of custody, as well as the reconstruction of the child's mens rea, which points towards premeditated intent (dolus premeditatus) driven by high digital literacy rather than mere negligence. These conditions complicate the application of pure diversion as mandated by law; thus, this study recommends a hybrid punishment approach where law enforcement proceeds to break impunity, but sanctions focus on specific rehabilitation in the Special Guidance Institution for Children (LPKA) to reorient the children's digital skills positively.

Aninda Evioni; Khoiratul Azmi; Silfia Rahmadani Sitorus; Salsabila Putri Hati Siregar; Zahra Dwi Nuraini

Mars: Jurnal Teknik Mesin, Industri, Elektro Dan Ilmu Komputer 2025 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

The disparity in the quality of rehabilitation services across regional work units presents a significant challenge to effective public management. This study aims to bridge the gap between problem diagnosis and policy prediction by proposing a hybrid, data-driven approach. We integrate K-Means Clustering to map the current state of service quality and Stochastic Simulation to predict the impact of strategic interventions. Using the 2024 Public Satisfaction Index (IKM) dataset from the National Narcotics Agency (BNN), the K-Means algorithm initially identified 26 work units (15.7%) in the "Red Zone" (critical performance), highlighting urgent areas for improvement. Next, a stochastic simulation modeling a "Directed Priority Intervention" scenario was run. The results predicted a significant structural shift in the distribution of service quality, characterized by an 80.8% decrease in critical units (down to 5 units) and a 71.8% increase in excellent performing units (up to 67 units). These findings validate that the integration of clustering and simulation provides a comprehensive framework for evidence-based decision-making, enabling policymakers to optimize resource allocation and efficiently accelerate national service standardization.

Sita Shabrina Rahmatina; Maya Utami Dewi; Iman Saufik

Jurnal Elektronika dan Komputer 2025 STEKOM PRESS

Drug abuse (Narcotics, Psychotropics, and other Addictive Substances) is a serious problem that can threaten the younger generation, especially in the Panggung Kidul Village area. The lack of public understanding, especially teenagers, regarding the dangers and negative impacts of drug abuse is one of the factors that influence the high risk of substance abuse. Therefore, innovative and interactive educational media are needed to increase public awareness and understanding regarding the prevention of drug abuse. This study offers a solution by designing and developing educational media based on Augmented Reality (AR) technology as a visual and interactive tool that conveys information in an interesting and easy-to-understand manner. The use of smartphones as the main device in AR applications makes this media more easily accessible to various groups of people. The test results using the System Usability Scale (SUS) method showed a user satisfaction level of 96% which is included in the Acceptable category. Thus, this AR-based educational media is expected to be an effective means of increasing public understanding of the dangers of drug abuse and encouraging early preventive efforts.

Hernawati, Hanifah Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

Boby Pratama Jaya; Firganefi Firganefi; Dona Raisa Monica; Eko Raharjo; Refi Meidiantama

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse among university students is a serious phenomenon that affects the social, moral, and intellectual aspects of the younger generation. Students, who are ideally positioned as agents of change and drivers of national development, are often found to be vulnerable to drug abuse. This study aims to analyze the implementation of Law No. 35 of 2009 on Narcotics in preventing drug abuse among university students in Lampung Province, as well as to identify its inhibiting factors. The research employs a normative juridical and empirical juridical approach, using primary and secondary data obtained through interviews, field studies, and literature reviews. Key informants include the Narcotics Directorate of the Lampung Regional Police, P4GN Unila, the Vice-Rector III for Student Affairs and Alumni at Unila, and lecturers from the Criminal Law Department at Unila. The findings show that the Lampung Regional Police have implemented preventive strategies such as counseling, campaigns, urine tests, and drug abuse education on campuses, as well as repressive strategies through law enforcement against students involved in narcotics distribution, with 283 recorded cases over the past five years. However, the effectiveness of implementation is still hindered by limited campus facilities (counseling centers, safe reporting systems), the lack of regulatory responsiveness to digital challenges, and low student trust in law enforcement. Therefore, prevention efforts need to be strengthened through cross-sectoral synergy, policy updates, and the enhancement of the role of universities in creating a safe, healthy, and drug-free campus environment.

Nabila Oktavia Lestari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics are substances or drugs, whether synthetic or semi-synthetic, derived from plants or non-plant materials that have the potential to cause disturbances or changes in human consciousness. Their use may result in loss of sensation, impaired taste, and, in more severe cases, strong dependency or addiction. While narcotics have undeniable benefits in the fields of medicine, healthcare, and scientific development—particularly in pain management and research—their misuse carries significant risks for both individuals and society. This study adopts a normative legal approach by analyzing existing regulations, statutory provisions, and relevant academic literature regarding narcotics and crime. The findings reveal that narcotics abuse is often closely linked to criminal behavior, as drug dependence can negatively influence psychological stability, decision-making, and social conduct, potentially driving individuals to engage in unlawful acts. Furthermore, crime is a relative concept shaped by context, culture, and societal norms, which means its connection with narcotics requires multidimensional analysis. Law enforcement efforts against narcotics-related crimes have been continuously pursued by authorities through preventive, repressive, and judicial measures, with various court rulings highlighting the gravity of the problem. However, legal enforcement alone is insufficient; a holistic strategy is needed that combines strict law enforcement with rehabilitation, psychological support, and community education. Such a comprehensive approach is expected to reduce narcotics misuse, prevent recidivism, and minimize its destructive impacts. Ultimately, this research seeks to provide deeper insights into the dynamic relationship between narcotics abuse and crime, while offering practical recommendations to achieve more effective solutions for protecting individuals, strengthening social resilience, and promoting public welfare

Hanif Fonda; Evita Isretno Israhadi

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Money laundering is a serious crime that has a significant impact on economic and social stability, as well as the integrity of the financial system. This crime is often associated with serious crimes such as corruption, narcotics, and terrorism. Money laundering poses a major threat to national security, conceals the origin of illicit funds, and undermines a healthy economic system. To combat this crime, Indonesia has imposed criminal sanctions based on Law Number 8 of 2010, which aims to provide a deterrent effect on perpetrators and prevent similar crimes from occurring in the future. However, the effectiveness of these criminal sanctions remains a critical challenge, given the various difficulties in their enforcement, such as the complexity of tracking the flow of funds, limited law enforcement resources, and the increasingly sophisticated modus operandi of perpetrators who often work together with international networks. This study seeks to examine the effectiveness of criminal sanctions in combating money laundering and identify obstacles in their implementation. The research method used is juridical-normative research with a legal regulatory framework. Primary data was obtained through literature review and examination of legal documents, while secondary data came from relevant literature, reports, and academic studies. The urgency of this research stems from the importance of evaluating and strengthening the application of criminal sanctions to protect the national financial system from the risk of money laundering. Without concrete steps to increase the effectiveness of sanctions, money laundering crimes will continue to proliferate and pose a threat to the national economy, weaken the legal system, and erode public trust in efforts to combat economic crime.

Sarmadani Sarmadani; Yudhanto Satyagraha Adiputra; Khairi Rahmi

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The circulation of narcotics in Tanjungpinang City has increased from 2019 to 2023, despite various programs implemented by relevant agencies. Based on the data, there were 422 suspects apprehended, with 395 suspects acting as distributors (dealers) and 27 suspects as users. The presence of two main institutions, the National Narcotics Agency of Tanjungpinang City and the Narcotics Crime Unit of Tanjungpinang City Police, has not yet been fully effective in reducing the rate of drug trafficking. This study aims to analyze the application of collaborative governance in combating drug trafficking in Tanjungpinang City, based on the theory of Schottle, Haghsheno, and Gehbauer (2014) with seven indicators: willingness to compromise, communication, commitment, mutual trust, transparency/information exchange, knowledge sharing, and willingness to take risks. The method used is a descriptive qualitative approach. Data was collected through interviews and documentation. The research results indicate that willingness to compromise is reflected in cooperation such as joint investigations and coordination in handling suspects. Communication between agencies is conducted both formally and digitally, though not yet structured on a routine basis, it remains responsive. Commitment is demonstrated through Operation Antik, the BNNP prevention program, and the consistent and sustained participation of the DPC GANN. Mutual trust is built through open communication and recognition of each party's role. Transparency and information exchange are evident in the openness of data and access to information between agencies and the public, though technological challenges remain. Knowledge sharing is facilitated through contributions from the National Narcotics Agency (BNN), the police, and former offenders, fostering collective learning. Willingness to take risks is evident in the courage to adopt new approaches for innovation in drug eradication.

Siti Rohmah; Novita Alfa Ramadhan; Lucky Dafira Nugroho

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse is a complex and evolving legal problem in Indonesia. Law Number 35 of 2009 concerning Narcotics strictly regulates provisions for drug users, both in terms of criminal penalties and rehabilitation. In practice, drug users are often treated as criminals and sentenced to imprisonment, although normatively the law also provides opportunities for rehabilitation as a form of protection and recovery. This study aims to examine the legal provisions for drug users from a legal perspective, analyze the role of Legal Aid Institutions (LBH) in handling drug abuse cases, and identify obstacles faced in implementing such legal assistance. The methods used are normative legal and sociological legal approaches, with data collection techniques through literature and documentation. The results of the study indicate that drug users should have access to rehabilitation, not just punishment. LBH plays a crucial role in providing legal assistance and advocating for the implementation of restorative justice. However, several obstacles remain, such as limited resources, a lack of understanding among law enforcement officials, and public stigma. Joint efforts are needed between the government, LBH, and the community to realize fair legal protection for drug users.  

Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.