Legal Reconstruction of the Regulations for Stopping the Prosecution of Narcotic Addicts within the Framework of Restorative Justice Based on Justice Value

Abstract

This research consists of 2 (two) main issues, namely the Weaknesses of Regulations on the Cessation of Prosecution of Narcotics Addicts in the Framework of Restorative Justice and Efforts to reconstruct regulations on stopping the prosecution of narcotics addicts within the framework of restorative justice based on values of justice. This type of research is descriptive analysis, using a sociological legal research approach. Sociological juridical research, namely legal research using legal principles and principles in reviewing, viewing, and analyzing problems, in the study, in addition to reviewing the implementation of law in practice. Research Result Shows that the weaknesses mentioned by the author is in the legal substance: the prosecutor's authority to stop prosecution that is not based on restorative justice, there are still many narcotics addicts who end up with prison sentences. Then legal structure: there is no consensus on restorative justice among members or law enforcement officials. And, in legal culture: when the prosecutor indicted and in his charge used Article 127, the judge dominantly gave a prison sentence, as if he did not care that the defendant was also a victim of the crime he had committed. To overcome this, a legal reconstruction is needed in Article 140 Paragraph (2) of the Criminal Procedure Code by adding the termination of prosecution by the prosecutor as the controller of the case with the concept of restorative justice. Reconstruction of article 111 of Law No. 35 of 2009 concerning Narcotics by adding rehabilitation sanctions for narcotics addicts as an option for legal certainty and the effectiveness of sanctions in the field.