Reformulation of the Application of Restorative Justice towards Narcotics Abusers Through
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 11
Abstract
Drug abusers may be subjected to criminal sanctions based on the severity of the violation, while drug addicts are directed towards treatment and rehabilitation through government-organized rehabilitation programs. The current criminal justice system predominantly adopts a punitive approach, necessitating a strategic criminal policy, particularly in addressing drug abuse offenses. This study seeks to identify the urgency of reformulating the application of restorative justice for drug abusers through rehabilitation, as well as to explore the reformulation of restorative justice implementation for drug abusers within Indonesia's law enforcement framework. The research methodology employed in this study is normative juridical. The findings underscore the critical need for the application of rehabilitation for drug abusers through a restorative justice approach, which is supported by various pressing factors, including those related to health, social welfare, and criminal policy. The reformulation of criminal penalties under Article 127 of Law Number 35 of 2009 on Narcotics is imperative, as it would foster consistency and integrity in the application of legal provisions to drug abusers, ensuring uniformity in legal standards. Such reformulation would provide all drug abusers with a structured and guaranteed opportunity for rehabilitation. Several strategic actions must be undertaken to optimize the implementation of this policy, including the urgent reformulation of Article 127 of Law Number 35 of 2009 on Narcotics to address discrepancies in the inconsistent application of imprisonment sentences.
Authors and Affiliations
Helia Shanti Putri Wulandari, Handar Subhandi Bakhtiar, Beniharmoni Harefa
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