Harmonization of Termination of Drug Abuse Cases Based on Restorative Justice

Abstract

The handling of drug abuse crimes in Indonesia still faces a disharmony between the repressive approach in law enforcement and the need for rehabilitation and recovery for drug abusers or addicts. On the one hand, Law Number 35 of 2009 concerning Narcotics places rehabilitation as a crucial instrument in handling drug abusers and addicts. On the other hand, law enforcement practices still show a tendency to use conventional criminal justice mechanisms oriented towards punishment. The development of national criminal law through the enactment of Law Number 1 of 2023 concerning the Criminal Code and Law Number 20 of 2025 concerning the Criminal Procedure Code further strengthens the need for harmonization of case resolution mechanisms based on restorative justice. This study aims to analyze the harmonization of regulations for the termination of drug abuse cases based on restorative justice and to formulate a settlement model that provides legal certainty, justice, and benefit. The study uses a normative juridical method with a legislative, conceptual, and analytical approach. The research findings indicate that restorative justice provisions are embedded in various legal instruments, including Indonesian National Police Regulation Number 8 of 2021, Indonesian Prosecutor's Office Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. However, these provisions have not yet fully established a unified mechanism, encompassing the stages of inquiry, investigation, prosecution, and trial. Harmonization is needed through the establishment of an integrated mechanism that prioritizes rehabilitation for drug abusers or addicts, along with objective assessments, supervision among law enforcement officials, and strict restrictions on cases related to drug trafficking. This model is expected to create a more proportional and recovery-oriented narcotics criminal justice system.