Rehabilitation of Drug Abuses as an Implementation of Restorative Justice

Abstract

This article analyzes the implementation of justice within restorative justice based on the civil law tradition adopted by the Indonesian criminal justice system. Historically, the Indonesian criminal law system has focused on a retributive and punitive (imprisonment) approach, which is now considered less effective in creating a deterrent effect and social justice. Therefore, innovation in the sentencing system is needed. The restorative justice approach serves as an alternative, focusing on repairing the harm caused by a crime and on reconciliation between the perpetrator and the victim. In certain cases, such as narcotics abuse, this approach is implemented through rehabilitation. Attorney General’s Regulation Number 18 of 2021 governs the rehabilitation process, which aims to restore the perpetrator to normal social functions. This study uses a normative legal research method and a qualitative descriptive analysis to evaluate the effectiveness and legality of restorative justice implementation. It also recommends integrating this approach into new criminal law regulations, especially for complaint offenses, with the goal of creating better justice and balance between perpetrators and victims.