CD Tesis
Perbandingan Hukum Konsep Pendekatan Restorative Justice Terhadap Penyalahguna Narkotika
The Restorative Justice approach in criminal law enforcement is a very significant method to be applied at this time. Restorative justice simplifies and shortens the law enforcement process, which focuses on the need to involve victims and communities who feel marginalized by the mechanisms that work in the current criminal justice system. The application of Restorative Justice to Narcotics Abuse refers to the Decree of the Director General of the General Justice Agency Number 1691/DJU/SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Court Environment, but in reality, even though Restorative Justice arrangements for narcotics abuse have been regulated, where Restorative Justice is rehabilitative towards narcotics abuse which tends to enforce repressive laws.
The type of research used in this research is normative legal research, using a comparative legal method which examines legal principles. In drawing conclusions, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or proposition to a specific statement.
Based on the results of the research and discussion, it can be concluded. Firstly, this concept aims to reduce the negative impact of narcotics abuse, both for individuals and society, by giving perpetrators the opportunity to take responsibility for their actions, repair damaged relationships, and obtain rehabilitation assistance that suits their needs. Several countries that have implemented the concept of Restorative Justice in cases of narcotics abuse are Portugal, Australia, Norway and Indonesia. Each country has different forms of implementation, such as decriminalization, harm minimization, drug courts, integrated assessment, mediation, and humanist prisons. Second, the ideal Restorative Justice Concept for narcotics abuse is a concept that can provide a fair, effective and sustainable solution for all parties involved in the problem of narcotics abuse, in this case it must meet several criteria, such as recognizing that narcotics abuse is a public health problem. , the ideal concept is to provide sanctions that are appropriate to the level of error and the need for medical rehabilitation and social rehabilitation for narcotics abusers.
Keywords: Comparison, Restorative Justice, Narcotics Abusers
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