Penerapan Keadilan Restoratif dalam Perkara Tindak Pidana Penyalahgunaan Narkotika Bagi Diri Sendiri di Pengadilan (Studi Putusan Pengadilan Negeri Denpasar)
NATHA PRADITYA MANDALA, Dr. Sigid Riyanto, S.H., M.Si.
2024 | Tesis | S2 Magister Hukum Litigasi
This research aims to identify and analyse the issue faced by judges in applying restorative justice to personal narcotics misuse cases in courts based on a case study in Denpasar District Court and seeks to examine and formulate future criminal law policies related to the application of restorative justice in personal narcotics misuse cases in court.
This research uses a normative legal approach method which is conducted by examining library materials or purely secondary data. Secondary data is obtained by collecting materials from legislation, legal opinions from literature, journals, documents, internet, other various sources. Additionally, this legal normative research is supported by structured interviews conducted with qualified practitioners and academics relevant to the topic.
Based on the the research results and discussions, there are two conclusions. First of all, there are two primary factors pose significant challenges for judges in applying restorative justice to self-use drug offenses in the Denpasar District Court. These factors encompass issues related to the substantive law dimension (legal substance) and the legal structure dimension. Second, the theory of political philosophy of criminal law is employed to harmonize regulations among law enforcement agencies, formulate the concept of restorative justice implementation through diversion and probation mechanism, and reconstruct the regulatory framework pertaining to self-use drug offenses through the Draft law on Amendments to the Narcotics Law and the Supreme Court Regulation. This endeavor aims to establish policies that prioritize healthcare through rehabilitation.
Kata Kunci : Keadilan Restoratif, Tindak Pidana Penyalahgunaan Narkotika Bagi Diri Sendiri, Politik Hukum