Legitimasi Jurnal Hukum Pidana dan Politik Hukum Vol.
No.
January-June 2026 ISSN:
2088-8813 (Prin.
2579-5104 (Onlin.
Reconstruction of Restorative Justice for Drug Users in Metro Jaya Police Jurisdiction Paramitha Aulia Putri Nandira* Universitas Negeri Semarang.
Semarang.
Central Java.
Indonesia Ali Masyhar Universitas Negeri Semarang.
Semarang.
Central Java.
Indonesia Cahya Wulandari Universitas Negeri Semarang.
Semarang.
Central Java.
Indonesia Corresponding Author: putrinndr@students.
Submitted: March 7, 2026 Accepted: May 21, 2026 Published: June 24, 2026 Abstract: Drug abuse is a serious problem in IndonesiaAos criminal justice system, which has traditionally been addressed through a repressive approach by treating drug users as offenders who must be punished.
This approach is considered ineffective because it does not address the root cause of drug dependency.
Therefore, restorative justice has emerged as an alternative approach that emphasizes recovery through rehabilitation mechanisms.
This study aims to analyze the implementation of restorative justice for drug users within the jurisdiction of the Metro Jaya Regional Police and to formulate a more effective policy reconstruction based on humanitarian principles.
This research employs empirical legal research with a socio-legal approach by collecting primary data through interviews with law enforcement officers and observations at the Directorate of Narcotics Investigation of the Metro Jaya Regional Police, as well as secondary data from legislation, legal literature, and institutional reports.
The findings show that restorative justice has been implemented through an integrated assessment mechanism that directs drug users to medical and social rehabilitation programs.
However, its implementation still faces challenges, including limited rehabilitation facilities, suboptimal interagency coordination, and differing paradigms among law enforcement officers.
This study proposes reconstruction through strengthening rehabilitation regulations, optimizing assessment mechanisms, improving rehabilitation capacity, transforming law enforcement paradigms, and strengthening inter-agency coordination.
This reconstruction is expected to enhance the implementation of restorative justice and create a more humane, recovery-oriented law enforcement system.
Keywords: Restorative Justice.
Drug Users.
Rehabilitation.
Criminal Justice System.
Legal Reconstruction https://jurnal.
ar-raniry.
id/index.
php/legitimasi DOI: 10.
22373/legitimasi.
Reconstruction of Restorative Justice Paramitha Aulia Putri Nandira, et.
Abstrak: Penyalahgunaan narkotika merupakan masalah serius dalam sistem peradilan pidana di Indonesia, yang selama ini cenderung ditangani melalui pendekatan represif dengan memperlakukan pengguna narkotika sebagai pelaku tindak pidana yang harus dihukum.
Pendekatan ini dinilai tidak efektif karena tidak menyentuh akar permasalahan, yaitu ketergantungan narkotika.
Oleh karena itu, keadilan restoratif muncul sebagai pendekatan alternatif yang menekankan pemulihan melalui mekanisme rehabilitasi.
Penelitian ini bertujuan untuk menganalisis implementasi keadilan restoratif bagi pengguna narkotika di wilayah hukum Polda Metro Jaya serta merumuskan rekonstruksi kebijakan yang lebih efektif berdasarkan perspektif kemanusiaan.
Penelitian ini menggunakan metode penelitian hukum empiris dengan pendekatan sosio-legal melalui pengumpulan data primer berupa wawancara dengan aparat penegak hukum dan observasi di Direktorat Reserse Narkoba Polda Metro Jaya, serta data sekunder dari peraturan perundang-undangan, literatur hukum, dan laporan Hasil penelitian menunjukkan bahwa keadilan restoratif telah diimplementasikan melalui mekanisme asesmen terpadu yang mengarahkan pengguna narkotika ke program rehabilitasi medis dan sosial.
Namun, implementasinya masih menghadapi berbagai kendala, antara lain keterbatasan fasilitas rehabilitasi, koordinasi antarlembaga yang belum optimal, serta perbedaan paradigma di kalangan aparat penegak Penelitian ini mengusulkan rekonstruksi melalui penguatan regulasi rehabilitasi, optimalisasi mekanisme asesmen, peningkatan kapasitas rehabilitasi, transformasi paradigma aparat penegak hukum, serta penguatan koordinasi antarlembaga.
Rekonstruksi ini diharapkan dapat memperkuat implementasi keadilan restoratif dan mewujudkan sistem penegakan hukum yang lebih humanis serta berorientasi pada pemulihan pengguna narkotika.
Kata Kunci: Restorative Justice.
Pengguna Narkotika.
Rehabilitasi.
Sistem Peradilan Pidana.
Rekonstruksi Hukum Introduction Drug abuse remains a serious issue within IndonesiaAos criminal justice system because it involves not only criminal behavior but also health, social, and humanitarian In practice, drug users are frequently positioned as offenders who must be processed through the formal criminal justice system, with imprisonment used as the primary instrument to create deterrence.
However, punitive approaches that emphasize punishment often fail to address the root causes of drug dependency.
Many users relapse after serving prison sentences because they do not receive adequate rehabilitation treatment.
This condition indicates that a purely repressive approach is insufficient to address drug abuse comprehensively.
Consequently, modern criminal law has developed alternative approaches that emphasize recovery through the concept of restorative justice, which seeks to restore social balance disrupted by criminal acts and provide opportunities for offenders to reform themselves.
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Restorative justice emerged as a response to criticisms of criminal justice systems that focus excessively on retribution.
Within this perspective, crime is understood as a disruption of social relationships among offenders, victims, and the Therefore, the resolution of criminal cases should not only aim to punish offenders but also to restore damaged social relationships.
This approach emphasizes dialogue, moral responsibility, and community participation in resolving criminal In the context of drug abuse, restorative approaches are particularly relevant because many drug users experience dependency and require medical and social intervention rather than purely punitive sanctions.
Several studies show that rehabilitative approaches can reduce relapse rates among drug users, indicating that restorative justice has significant potential to create a more humane criminal justice Several previous studies have examined the application of restorative justice in handling drug users.
Sudirman.
Hartanto, and Anwar Budiman .
found that restorative justice provides a more humane approach by prioritizing rehabilitation and supporting social reintegration, although their study is limited to normative juridical analysis without empirical data.
Similarly.
Ismail Fahmi .
demonstrated that restorative justice can improve the alignment of perspectives among law enforcement officers and integrate the values of justice and legal utility.
however, the study focuses only on a limited institutional scope at the prosecutorAos office.
Dewa Ayu Kirana Putri .
emphasized the importance of optimizing restorative justice in the investigation stage based on substantive justice, yet the analysis remains theoretical without field-based evidence.
Empirical studies by Hakim Pratama Rahim et al.
and Agus Sugiyarso et .
reveal that the implementation of restorative justice in narcotics cases remains constrained by practical challenges, including delays in integrated assessment, limited coordination, and the dominance of repressive paradigms among law enforcement officers.
In addition, studies by Sinaga and Soponyono .
and Riyansyah and Hutapea .
confirm that restorative justice is more effective than punitive approaches in addressing drug dependency.
however, these studies remain largely normative and lack specific institutional analysis.
Earlier research by Hatarto Pakpahan .
also highlights the need to view drug users as victims who require rehabilitation, although it does not examine contemporary policy developments.
Based on these studies, it can be seen that previous research has predominantly focused on normative analysis or limited empirical settings and has not 2 .
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comprehensively examined the implementation of restorative justice within a specific law enforcement jurisdiction.
In addition, there is still limited analysis regarding policy reconstruction that integrates humanitarian principles and legal system theory.
Therefore, this study fills the research gap by analyzing the empirical implementation of restorative justice for drug users within the jurisdiction of the Metro Jaya Regional Police and proposing a policy reconstruction model based on humanitarian principles and Lawrence M.
FriedmanAos legal system theory.
Within the Indonesian legal framework, rehabilitative approaches toward drug users have been normatively recognized.
Law Number 35 of 2009 concerning Narcotics stipulates that drug addicts must undergo medical and social rehabilitation.
In addition.
Regulation of the Indonesian National Police Number 8 of 2021 concerning the Handling of Criminal Offenses Based on Restorative Justice provides legal space for police officers to resolve certain criminal cases through restorative mechanisms.
These regulations reflect a paradigm shift in Indonesian law enforcement toward a more humane and recovery-oriented approach.
Nevertheless, the implementation of this policy still faces several challenges, particularly the absence of clear operational standards and differences in interpretation among law enforcement officers regarding the eligibility of drug users for rehabilitation.
The urgency of examining restorative justice implementation in narcotics cases can be seen from the high number of drug-related cases in urban areas.
Jakarta, as the center of economic activity and population mobility, has a relatively high level of narcotics circulation.
The jurisdiction of the Metro Jaya Regional Police covers the Special Capital Region of Jakarta and surrounding areas such as Depok.
Bekasi, and Tangerang, which have high population density.
Data from the Directorate of Narcotics Investigation of the Metro Jaya Regional Police show that between July and September 2025, law enforcement officers uncovered 1,719 narcotics cases involving 2,318 suspects, of whom approximately 1,542 were identified as drug users or addicts who were directed to rehabilitation programs.
These data indicate that the majority of individuals involved in narcotics cases are users rather than dealers, highlighting the importance of rehabilitative approaches in handling such cases.
Despite the availability of rehabilitation mechanisms, their implementation is not always consistent.
In several cases, individuals who should have been eligible for rehabilitation were instead processed through the conventional criminal justice This situation may be influenced by limited rehabilitation facilities, weak institutional coordination, and differing interpretations of legal provisions among law enforcement authorities.
On the other hand, some drug users successfully obtain rehabilitation through an integrated assessment mechanism involving law 3Republic of Indonesia.
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Republic of Indonesia National Police.
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enforcement officials and medical professionals.
These variations indicate that the implementation of restorative justice in narcotics cases has not yet been carried out consistently, creating potential legal uncertainty and demonstrating the need for comprehensive evaluation.
From a theoretical perspective, the implementation of restorative justice is closely related to the humanitarian principle in criminal law, which places human dignity as a central value in the legal system.
Law enforcement should therefore respect and protect human rights while addressing criminal behavior.
In cases involving drug abuse, a purely punitive approach may neglect humanitarian considerations.
Restorative justice offers an alternative approach that bridges law enforcement objectives with human rights protection by allowing offenders to undergo rehabilitation while restoring disrupted social relationships.
This perspective is consistent with modern criminal law paradigms that emphasize social recovery.
Based on these conditions, this study aims to analyze the implementation of restorative justice toward drug users within the jurisdiction of the Metro Jaya Regional Police and to evaluate it from the perspective of humanitarian principles.
The research also seeks to identify obstacles in its implementation and to formulate a reconstruction model that can strengthen restorative justice practices in narcotics law enforcement.
Through this analysis, the study is expected to contribute to the development of a more humane and recovery-oriented criminal justice system.
This research employs a sociological juridical approach combining normative legal analysis with observation of law enforcement practices.
Primary data were obtained through interviews with investigators from the Directorate of Narcotics Investigation of the Metro Jaya Regional Police and members of the Integrated Assessment Team of the National Narcotics Agency in Jakarta.
Field observations were also conducted at the Directorate of Narcotics Investigation and a rehabilitation center in Jakarta.
Secondary data were collected through literature studies of statutory regulations, criminal law literature, and relevant previous research.
The collected data were analyzed qualitatively to examine the relationship between legal provisions and their practical implementation.
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Implementation of Restorative Justice for Drug Users in the Jurisdiction of the Metro Jaya Regional Police The application of restorative justice in handling narcotics cases within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
represents an effort to reform criminal law enforcement practices in Indonesia.
For many years, narcotics cases have predominantly been addressed through a repressive approach that relies on imprisonment as the primary instrument of law enforcement.
The repressive approach that relies on imprisonment has proven ineffective in addressing drug Many drug users relapse after serving prison sentences due to the absence of adequate rehabilitation.
Therefore, a restorative justice approach that emphasizes rehabilitation is considered more appropriate.
In this context, drug users are viewed as individuals who require rehabilitation rather than punishment.
Restorative justice is implemented through an integrated assessment mechanism involving the police, the National Narcotics Agency, and medical This mechanism determines whether the suspect is eligible for rehabilitation and identifies the appropriate form of rehabilitation.
The results of the assessment serve as the basis for deciding whether the case proceeds through criminal proceedings or rehabilitation.
By providing rehabilitation opportunities, users can recover and reintegrate into society while also reducing the burden on correctional institutions that often experience overcrowding.
Consequently, the implementation of restorative justice provides benefits for both individuals and the criminal justice According to data from the Jakarta Metropolitan Police's Narcotics Investigation Directorate, narcotics case handling in 2025 showed significant variation.
Some cases remained through criminal proceedings, while others were diverted to medical and social rehabilitation programs.
This data demonstrates that rehabilitation policies are becoming a key component of narcotics case management.
The following is a breakdown of narcotics case handling within the Jakarta Metropolitan Police jurisdiction in 2025.
Table 1:
Handling of Narcotics Cases at Polda Metro Jaya .
Type of Handling Number of Cases Percentage Criminal Process Medical Rehabilitation 1,021 Social Rehabilitation Data Source: Directorate of Narcotics Research.
Polda Metro Jaya .
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The data indicate that a significant proportion of cases are resolved through This reflects a shift toward a rehabilitation-oriented approach in handling drug users.
Further analysis of this data reveals that nearly half of the drug cases handled by the Jakarta Metropolitan Police (Polda Metro Jay.
are directed to rehabilitation This situation indicates a paradigm shift in drug case management, from a repressive approach to a rehabilitative one.
This approach aligns with the restorative justice theory proposed by Howard Zehr.
According to Zehr, the primary goal of restorative justice is to restore social relationships damaged by crime.
In the context of drug abuse, these damaged social relationships can include relationships with family, the workplace, and the community.
By providing rehabilitation opportunities, drug users can repair disrupted social relationships.
Furthermore, rehabilitation also helps users overcome their dependence on drugs.
Thus, the implementation of restorative justice can be seen as an effort to create a more humane law enforcement system.
To understand the development of restorative justice implementation for drug users, a trend analysis was conducted to determine the extent to which rehabilitation policies have begun to be implemented in law enforcement.
Data shows that the number of drug cases handled by the Jakarta Metropolitan Police fluctuates but tends to increase overall.
This increase reflects not only the high level of drug trafficking but also the increased intensity of law enforcement against drug crimes.
Over the past five years, the number of drug cases has increased in line with increased mobility in metropolitan areas.
Furthermore, advances in communication technology have made it easier for drug trafficking networks to operate more covertly.
This situation requires law enforcement officials to implement various, more adaptive case-handling One strategy that is beginning to be developed is the application of restorative justice for drug users.
Table 2:
Trends in Narcotics Cases in the Jurisdiction of the Jakarta Metropolitan Police .
1Ae2.
Year Number of Cases Number of Suspects 3,245 3,587 4,430 3,912 4,870 4,378 5,420 Data Source: Directorate of Narcotics Research.
Polda Metro Jaya .
9Directorate of Narcotics Research.
AuPolda Metro Jaya.
Report on Handling of Narcotics Cases in 2025Ay (Jakarta, 2.
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Based on these data, it is clear that the number of drug cases within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
has increased year after year.
This increase indicates that drug trafficking remains a serious problem in urban areas.
However, the increasing number of cases does not necessarily indicate a failure of law enforcement.
Rather, the data also demonstrates the increasing ability of law enforcement to uncover drug networks.
With the increasing number of cases uncovered, law enforcement officers have a greater opportunity to identify drug users who need rehabilitation.
12 This is crucial because the majority of perpetrators in drug cases are actually users.
Therefore, rehabilitation policies are becoming increasingly relevant in handling drug cases.
In addition to examining case trends, this study also analyzed the trend of drug users being directed to undergo rehabilitation through restorative justice mechanisms.
The data shows an increase in the number of drug users undergoing rehabilitation in the past five years.
This increase indicates that the rehabilitation approach is increasingly being used by law enforcement officers.
This policy is inseparable from officers' growing understanding of the importance of a restorative approach in handling drug cases.
Furthermore, the increase in rehabilitation facilities also supports the implementation of this policy.
With the availability of more adequate rehabilitation facilities, law enforcement officers have alternative case handling methods other than criminal prosecution.
This policy also aligns with the objectives of the Narcotics Law, which emphasizes the importance of rehabilitation for drug addicts.
Therefore, the rehabilitation trend for drug users is an important indicator in assessing the implementation of restorative justice.
Table 3:
Drug Users Rehabilitated through Restorative Justice Year Number of Users Rehabilitated 1,120 1,340 1,590 1,820 2,140 Data Source: Directorate of Narcotics Research.
Polda Metro Jaya .
The table shows that the number of drug users undergoing rehabilitation has consistently increased over the past five years.
This increase indicates that the rehabilitation approach is increasingly being implemented in law enforcement When this data is graphed in line, the rehabilitation curve shows a fairly 12Research.
AuPolda Metro Jaya.
Report on Handling of Narcotics Cases in 2025.
Ay 13Indonesia.
Law Number 35 of 2009 concerning Narcotics.
https://jurnal.
ar-raniry.
id/index.
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steady upward trend.
The graph shows that since 2022, the number of rehabilitation cases has increased significantly.
This indicates that law enforcement officials are beginning to place greater emphasis on the recovery approach.
Thus, the implementation of restorative justice is increasingly becoming a part of law enforcement practices.
An interview with an investigator from the Jakarta Metropolitan Police's Narcotics Investigation Directorate revealed that rehabilitation policies have had a positive impact on handling narcotics cases.
Interviews with investigators indicate that many drug users are victims of dependency.
In such cases, rehabilitation is considered more effective than imprisonment.
Rehabilitation supports behavioral change and enables users to reintegrate into society.
Therefore, the implementation of restorative justice can benefit both individuals and society.
The implementation of restorative justice for drug users within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
is influenced not only by applicable legal provisions but also by the paradigm of law enforcement officials' perspectives on drug users.
Some law enforcement officials are beginning to understand that drug users often find themselves in the position of being victims of substance dependence.
This dependence causes users to lose the ability to rationally control their behavior.
Therefore, rehabilitative treatment is considered more appropriate than a criminal approach.
In this context, the implementation of restorative justice provides space for law enforcement officials to use a more humanistic approach.
This approach allows drug users the opportunity to improve themselves through rehabilitation.
Furthermore, this policy also helps reduce the social stigma against drug users.
Thus, the implementation of restorative justice can create a law enforcement system that is more recovery-oriented.
In implementing restorative justice, a crucial step for investigators is to initially identify the suspect's status, whether they are a user, addict, or part of a drug trafficking network.
This identification is conducted through an initial examination of evidence, witness statements, and urine test results.
If the results indicate that the suspect is only a user and not involved in a drug trafficking network, investigators can propose an integrated assessment process.
This proposal is then submitted to an integrated assessment team consisting of members of the police, the National Narcotics 14Swati Kaushal.
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Jakarta.
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Agency, and medical personnel.
The assessment team will conduct further examinations of the user's psychological condition and level of dependency.
The results of this assessment serve as the basis for investigators to determine whether the suspect can be directed to a rehabilitation program.
This process demonstrates that the implementation of restorative justice is carried out through a structured procedure and is not conducted haphazardly.
Therefore, the integrated assessment mechanism is a key instrument in implementing rehabilitation policies for drug users.
In practice, the rehabilitation process for drug users is carried out through collaboration between law enforcement officials and government-appointed rehabilitation institutions.
These institutions provide various recovery services such as medical therapy, psychological counseling, and social development programs.
During rehabilitation, drug users will participate in a recovery program tailored to their level of dependency.
Rehabilitation programs typically last three to six months, depending on the user's condition.
In some cases, the rehabilitation period can be extended if the user requires additional recovery.
During the process, users also receive guidance on developing life skills to reintegrate into society.
This approach demonstrates that rehabilitation focuses not only on curing drug dependency but also on restoring the user's social functioning.
Therefore, rehabilitation is a crucial component of restorative justice.
In addition to medical rehabilitation, restorative justice also involves social rehabilitation programs aimed at helping users return to productive lives.
Social rehabilitation programs typically include job skills training, family counseling, and social development activities.
Through these programs, drug users are expected to gain the skills to lead a more stable life after completing rehabilitation.
In some cases, rehabilitation institutions also collaborate with various social institutions to help users find employment after leaving the program.
This is important because one factor that often leads to a return to drug use is difficulty finding employment.
With social and economic support, users' chances of maintaining behavioral changes are greater.
Therefore, social rehabilitation is a crucial part of the recovery approach in restorative This program helps ensure that the rehabilitation process does not stop at the medical stage.
An interview with an investigator from the Jakarta Metropolitan Police's Narcotics Investigation Directorate revealed that restorative justice provides a more flexible alternative for law enforcement officers in handling cases.
The investigator stated that many drug users have no intention of engaging in drug crimes.
Some begin 17Hendra Wahyudi.
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using drugs due to the influence of their social environment or social pressure.
In these circumstances, a rehabilitative approach is considered more appropriate than a criminal approach.
The investigator also explained that rehabilitation programs often provide better results in helping users stop using drugs.
Furthermore, users who undergo rehabilitation have a greater chance of returning to a normal life.
This demonstrates that restorative justice offers practical benefits in handling drug cases.
Therefore, the rehabilitative approach is becoming a strategy increasingly used by law enforcement officers.
Based on research observations at the Jakarta Metropolitan Police Narcotics Investigation Directorate, it appears that the application of restorative justice has begun to become part of routine practice in handling narcotics cases.
Investigators no longer automatically process every drug user through criminal procedures.
Instead, investigators first evaluate the suspect's condition to determine the most appropriate This approach demonstrates a paradigm shift in law enforcement practices for drug users.
Law enforcement officials are beginning to consider health and social aspects when determining case handling steps.
This policy provides some drug users with the opportunity to improve themselves through rehabilitation.
This approach also helps reduce the burden on correctional institutions, which have historically experienced overcrowding.
Thus, the implementation of restorative justice provides significant benefits to the criminal justice system.
Most drug users undergoing rehabilitation show significant behavioral changes after completing the program.
Interviews with rehabilitation counselors indicate that many users successfully stop using drugs after several months of rehabilitation.
Rehabilitation consists of medical and social components aimed at restoring physical and social functioning.
Therefore, rehabilitation plays a central role in restorative Family support can make drug users' recovery more effective.
This demonstrates that the rehabilitation approach has a significant positive impact on drug case management.
The implementation of restorative justice demonstrates a shift toward a rehabilitation-oriented approach.
However, challenges such as limited facilities and weak coordination still hinder its effectiveness.
Therefore, strengthening rehabilitation policies is necessary.
Thus, the implementation of restorative justice can be an important strategy in handling drug cases in Indonesia.
This approach reflects efforts to create a more humane law enforcement system oriented towards social 20Interview with Investigators from the Narcotics Research Directorate of Polda Metro Jaya.
Jakarta.
January 12, 2026.
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Evaluation of the Implementation of Restorative Justice for Drug Users from a Humanitarian Perspective The implementation of restorative justice for drug users within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
represents an effort to introduce a more humane approach to law enforcement.
Previously, drug users were often treated the same as drug traffickers and processed through the criminal justice system, resulting in imprisonment.
However, this repressive approach has proven ineffective because it fails to address the root causes of drug abuse, which are often related to substance dependence.
Therefore, a rehabilitative approach through restorative justice mechanisms has been introduced as an alternative in handling narcotics cases.
Nevertheless, the implementation of this policy still requires evaluation to determine its effectiveness in protecting drug users and ensuring that rehabilitation mechanisms function properly within law enforcement practice.
From a theoretical perspective, the evaluation of restorative justice implementation is closely related to the humanitarian principle in law, which emphasizes that individuals must be treated with dignity in the law enforcement Gustav Radbruch argued that the law must not only ensure legal certainty but also uphold justice and social utility.
In the context of drug abuse, these values require that drug users be understood as individuals experiencing dependency who need recovery rather than punishment.
Furthermore, the effectiveness of restorative justice can also be analyzed through Lawrence M.
FriedmanAos legal system theory, which consists of legal structure, legal substance, and legal culture.
Legal structure includes institutions involved in narcotics case handling, legal substance refers to regulations governing rehabilitation mechanisms, and legal culture relates to the attitudes of law enforcement officers toward drug users.
The interaction among these three elements determines the effectiveness of restorative justice policies in practice.
To understand how restorative justice works in practice, this study also analyzed several evaluation indicators related to the policy's implementation.
These indicators cover institutional aspects, regulations, and law enforcement practices in the field.
These indicators can be used to determine the extent to which rehabilitation policies have been consistently implemented by law enforcement officials.
The results of the initial evaluation are shown in the following table.
24Ruslan Abdul Gani and Retno Kusuma Wardani.
AuRestorative Justice For Settlement Of Minor Maltraetment In The Legal Area Of The Merangin Police.
Jambi Province,Ay Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 23, no.
25Lawrence M.
Friedman.
The Legal System of Social Science Perspective (New York: Russel Sage Foundation, 1.
, 15.
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Table 4:
Evaluation Indicators for the Implementation of Restorative Justice Evaluation Indicators Regulation Integrated assessment mechanism Availability of rehabilitation Understanding of law enforcement Inter-agency coordination Implementation Conditions Already available through the Narcotics Law and the RJ Police Regulation It has been implemented, but not evenly distributed Still limited Various Not optimal The table shows that, normatively, the restorative justice policy has a fairly clear legal basis.
However, in practice, several obstacles remain in its implementation.
These obstacles primarily relate to limited rehabilitation facilities and differing understandings among law enforcement officials.
This situation indicates that the implementation of restorative justice still requires improvement in various aspects.
Therefore, evaluating the implementation of this policy is a crucial step towards improving the law enforcement system for drug users.
One important aspect in evaluating the implementation of restorative justice is identifying factors that support its implementation.
These supporting factors relate to various conditions that enable rehabilitation policies to be implemented effectively.
the context of the Jakarta Metropolitan Police jurisdiction, one of the main supporting factors is the existence of a clear legal basis for rehabilitation for drug users.
Law Number 35 of 2009 concerning Narcotics explicitly states that drug addicts are required to undergo medical and social rehabilitation.
Furthermore.
Police Regulation Number 8 of 2021 also provides space for police officers to resolve cases through restorative justice mechanisms.
The existence of these regulations provides legal legitimacy for law enforcement officers to implement a rehabilitative approach.
With a clear legal basis, law enforcement officers have guidelines for making decisions regarding the handling of drug cases.
Therefore, regulations are a crucial factor supporting the implementation of restorative justice.
In addition to regulatory factors, institutional factors also play a crucial role in supporting the implementation of restorative justice.
Within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
, the implementation of rehabilitation policies involves various institutions, including the police, the National Narcotics Agency (BNN), and rehabilitation institutions in collaboration with the government.
The existence of an integrated assessment team is a crucial mechanism in determining whether a suspect can be directed to undergo rehabilitation.
The team consists of investigators, medical personnel, and psychologists competent in assessing the 26Indonesia.
Law Number 35 of 2009 on Narcotics.
Police.
Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling Criminal Offenses Based on Restorative Justice.
27Indonesia.
Law Number 35 of 2009 concerning Narcotics.
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condition of drug users.
Through this mechanism, rehabilitation decisions are based not only on legal considerations but also on medical and psychological considerations.
This demonstrates that implementing restorative justice involves a multidisciplinary approach to handling drug cases.
Collaboration between institutions allows for a more comprehensive rehabilitation process.
Therefore, institutional coordination is a crucial factor in supporting the success of this policy.
However, research also shows that several factors hinder the implementation of restorative justice for drug users.
One significant obstacle is the limited availability of rehabilitation facilities.
The number of rehabilitation institutions often does not match the number of drug users in need.
As a result, not all drug users can be immediately directed to rehabilitation programs.
Furthermore, the rehabilitation process is also quite expensive, so not all users have access to these services.
This situation indicates that the success of rehabilitation policies is highly dependent on the availability of adequate resources.
29 If rehabilitation facilities are limited, optimal implementation of restorative justice will be difficult.
Therefore, increasing the capacity of rehabilitation institutions is a crucial step in supporting this policy.
In addition to limited rehabilitation facilities, legal culture also influences the implementation of restorative justice.
Lawrence M.
Friedman explains that legal culture is related to societal attitudes and views toward the law.
In the context of handling narcotics cases, some law enforcement officers still hold the view that drug users must be processed through criminal mechanisms.
This view is influenced by the old paradigm that positions narcotics as a crime that must be eradicated through a repressive approach.
As a result, the rehabilitative approach is often not consistently applied in law enforcement practice.
This situation indicates that policy changes are not always accompanied by a paradigm shift among law enforcement officers.
Therefore, efforts are needed to improve officers' understanding of restorative justice.
With this paradigm shift, the implementation of restorative justice can be more effective in the criminal justice system.
Table 5:
Factor Analysis in the Implementation of Restorative Justice (Friedman's Legal System Theor.
Elements of the Legal System Legal Structure Legal Substance Legal Culture Conditions at Polda Metro Jaya Police.
BNN, rehabilitation Narcotics Law and RJ Police Regulation The paradigm of the apparatus is still diverse Impact on Implementation Supporting the implementation of RJ Providing a legal basis Hindering optimal 28Agency.
AuIndonesia Drug Report 2024.
Ay 29Thomas Schryder.
AuCorporate Crime, the LawmakerAos Options for Corporate Criminal Laws and LuhmannAos Concept of AoUseful Illegality,AoAy International Journal of Law.
Crime and Justice 57 .
, https://doi.
org/10.
1016/j.
Tony F.
Marshall.
Restorative Justice: An Overview (London:
Home Office Research Development and Statistics Directorate, 1.
30Friedman.
The Legal System of Social Science Perspective.
https://jurnal.
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The evaluation of restorative justice for drug users can be analyzed through Gustav RadbruchAos theory of basic legal values, which emphasizes legal certainty, justice, and expediency.
Legal certainty relates to the existence of clear regulations governing rehabilitation mechanisms for drug users, justice concerns proportional treatment of users as individuals experiencing substance dependence, and expediency refers to the benefits of rehabilitation policies for both individuals and society.
Through restorative justice, law enforcement seeks to balance these three values by prioritizing rehabilitation for drug users rather than purely punitive measures.
This approach reflects humanitarian values within the legal system and supports a recovery-oriented model of law enforcement.
In Indonesia, the value of legal certainty is reflected in Law Number 35 of 2009 concerning Narcotics and Police Regulation Number 8 of 2021, which provide legal guidelines for resolving cases through rehabilitation and restorative justice.
These regulations give law enforcement officers a legal basis to direct drug users to medical and social rehabilitation programs rather than relying solely on imprisonment.
At the same time, the value of justice is realized through proportional treatment of drug users, who are often victims of substance dependence rather than traffickers.
Providing rehabilitation opportunities, therefore, ensures fairer treatment and demonstrates that the law functions not only as punishment but also as a mechanism for social The value of expediency can be seen from the broader benefits of rehabilitation Research indicates that drug users who undergo rehabilitation through restorative justice mechanisms have a greater chance of recovering from addiction compared with those who serve prison sentences.
Rehabilitation programs typically include medical treatment, psychological counseling, and social support, which help users reintegrate into society.
In addition to benefiting individuals, the policy also reduces the burden on correctional institutions, many of which suffer from By diverting drug users to rehabilitation programs, law enforcement agencies can focus more on combating drug trafficking networks.
Consequently, the implementation of restorative justice provides benefits not only for drug users but also for the effectiveness and efficiency of the criminal justice system as a whole.
When analyzed through the perspective of Lawrence M.
Friedman's legal systems theory, the effectiveness of restorative justice implementation is greatly influenced by the interaction between legal structure, legal substance, and legal The legal structure encompasses the institutions involved in implementing rehabilitation policies, such as the police, the National Narcotics Agency, and rehabilitation institutions.
Legal substance encompasses various regulations governing rehabilitation mechanisms for drug users.
Meanwhile, legal culture relates 31Indonesia.
Law Number 35 of 2009 on Narcotics.
Police.
Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling Criminal Offenses Based on Restorative Justice.
32Directorate General of Corrections.
Indonesian Correctional Statistics Report 2024 (Jakarta:
Ministry of Law and Human Rights, 2.
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to the attitudes of law enforcement officials and the community toward drug users.
these three elements operate in balance, the implementation of rehabilitation policies can be effective.
However, if any one element is not functioning properly, the policy implementation will face various obstacles.
Therefore, evaluating these three elements is crucial in assessing the success of restorative justice policies.
Thus, a legal systems approach can help understand the various factors influencing the implementation of this policy.
Based on research conducted within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
, the effectiveness of restorative justice implementation can be analyzed through several key indicators.
These indicators include the level of rehabilitation utilization in handling drug cases, the success rate of rehabilitation programs, and their impact on the criminal justice system.
Research data shows that the number of drug users referred to rehabilitation has increased in recent years.
This indicates that law enforcement officials are beginning to implement a more extensive rehabilitative approach.
However, the implementation of this policy still faces several obstacles, such as limited rehabilitation facilities and differing understandings among law enforcement officials.
This situation indicates that the implementation of restorative justice still requires strengthening in various aspects.
Therefore, efforts are needed to increase the capacity of rehabilitation institutions and strengthen coordination between the agencies involved.
With these steps, the effectiveness of rehabilitation policies can be optimally enhanced.
Table 6:
Evaluation of the Effectiveness of Restorative Justice Implementation Evaluation Aspects Use of rehabilitation Implementation Conditions Increasing every year Impact Reducing user criminalization User recovery Relatively effective Reducing the risk of reuse Burden of correctional Inter-agency coordination Reduce Reducing overcapacity Not optimal Inhibits maximum implementation Based on the evaluation results, it can be concluded that the implementation of restorative justice for drug users within the jurisdiction of the Jakarta Metropolitan Police has made a positive contribution to the law enforcement system.
However, this policy still requires various improvements for optimal implementation.
These improvements primarily relate to strengthening regulations, increasing the capacity of rehabilitation institutions, and improving the understanding of the concept of restorative justice among law enforcement officers.
With these improvements, the rehabilitation policy can provide better protection for drug users.
Furthermore, this 33Friedman.
The Legal System of Social Science Perspective.
34Interview with Investigators from the Narcotics Research Directorate of Polda Metro Jaya.
Jakarta, 2026.
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policy can also help create a more humane criminal justice system oriented towards social recovery.
This approach aligns with developments in modern legal thought that place humanitarian values as the foundation of law enforcement.
Therefore, efforts are needed to reconstruct the implementation of restorative justice so that it can provide greater benefits to society.
Reconstruction of the Implementation of Restorative Justice for Drug Users from the Perspective of Humanitarian Principles The evaluation of restorative justice implementation in handling narcotics cases within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jay.
shows that a rehabilitative approach has begun to be applied as an alternative for resolving cases involving drug users.
However, its implementation still faces several obstacles, including limited rehabilitation facilities, differing understandings among law enforcement officers, and weak coordination between institutions.
These conditions indicate that restorative justice has not yet been implemented optimally and still requires strengthening in various aspects.
Therefore, reconstruction of the implementation mechanism is necessary to ensure that restorative justice can operate more effectively and provide more humane treatment for drug users within the criminal justice system.
The reconstruction of restorative justice implementation needs to consider Lawrence M.
FriedmanAos legal system theory, which emphasizes the interaction between legal structure, legal substance, and legal culture.
Legal structure refers to institutions involved in narcotics case handling, legal substance concerns regulations governing rehabilitation mechanisms, and legal culture relates to the attitudes of law enforcement officers and society toward drug users.
Strengthening these three elements simultaneously can improve the effectiveness of restorative justice policies.
Therefore, policy reconstruction must maintain a balance between these components of the legal system.
Based on the research findings, the reconstruction of restorative justice for drug users can be implemented through several strategic steps aimed at strengthening a recovery-oriented approach in narcotics case handling.
This reconstruction model is expected to increase the effectiveness of rehabilitation as an alternative to criminal prosecution, provide greater opportunities for drug users to recover, and reduce the burden on correctional institutions that currently experience overcapacity.
Consequently, the proposed reconstruction model is intended to support the reform of narcotics law enforcement and strengthen the implementation of restorative justice within the criminal justice system.
35Kim.
AuRedesigning Restorative Justice for Criminal Justice Reform.
Ay 36Werner Menski.
Comparative Law in A Global Context: The Legal Systems of Asia and Africa (New York: Cambridge University Press, 2.
Lili Rasjidi dan Wyasa Putra.
Hukum Sebagai Suatu Sistem (Bandung: Manda Maju, 2.
37Nefa Claudia Meliala.
AuRechterlijk Pardon (Pemaafan Haki.
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: 551Ae68.
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Strengthening Restorative Justice Regulations The first model for reconstructing the implementation of restorative justice is strengthening regulations governing rehabilitation mechanisms for drug users.
Clear regulations are a crucial foundation for ensuring that rehabilitation policies can be consistently implemented by law enforcement officials.
In practice, there are still differing interpretations of provisions regarding rehabilitation for drug users.
Therefore, regulatory improvements are needed to provide clearer guidance for law enforcement officials.
This regulatory improvement can be achieved through the development of technical guidelines on rehabilitation mechanisms for drug users.
These guidelines should detail the procedures required in the integrated assessment With clear guidelines, law enforcement officials can have certainty in making decisions regarding the handling of drug cases.
Therefore, strengthening regulations is a crucial step in reconstructing restorative justice policies.
Strengthening regulations also requires attention to the principle of protecting the rights of drug users.
In some cases, drug users are still treated the same as drug traffickers in law enforcement.
This situation can create injustice for drug users who actually need rehabilitation.
Therefore, regulations governing rehabilitation mechanisms must be able to provide clearer protection for drug users.
These regulations must also ensure that all drug users have equal access to rehabilitation This way, rehabilitation policies can be implemented more fairly and This approach also aligns with the goal of the legal system, which aims to provide justice for every individual.
By strengthening regulations, the implementation of restorative justice can be more effective.
Optimizing the Integrated Assessment Mechanism The second model for policy reconstruction is optimizing the integrated assessment mechanism for handling drug cases.
Integrated assessment is a crucial process in determining whether a suspect can be directed to a rehabilitation program.
Through this process, the assessment team evaluates the medical and psychological condition of the drug user.
The assessment results then serve as the basis for investigators in determining the appropriate steps for handling the case.
In practice, the integrated assessment mechanism still faces various obstacles, such as limited expertise and lengthy administrative processes.
Therefore, efforts are needed to improve the efficiency of the integrated assessment process.
This can be achieved through streamlined procedures and improved coordination between the agencies This will enable the integrated assessment mechanism to function more effectively in the implementation of restorative justice.
Furthermore, optimizing integrated assessments also requires increasing the capacity of the human resources involved in the process.
Medical personnel, psychologists, and law enforcement officers need to have a sufficient understanding of 38Indonesia.
Law Number 35 of 2009 concerning Narcotics.
39Agency.
AuIndonesia Drug Report 2024.
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the concept of rehabilitation for drug users.
Specialized training and education on drug dependency management can help improve the quality of the assessment process.
increasing human resource capacity, assessment results can be more accurate and This is crucial to ensure that rehabilitation decisions are truly based on the condition of the drug user.
Furthermore, a professional assessment process can also increase public trust in the law enforcement system.
Therefore, optimizing integrated assessments is a crucial part of reconstructing the implementation of restorative .
Strengthening the Capacity of Rehabilitation Institutions The third model is strengthening the capacity of rehabilitation institutions to treat drug users.
One of the main obstacles to implementing restorative justice is the limited availability of rehabilitation facilities.
The number of existing rehabilitation institutions is often disproportionate to the number of drug users requiring Therefore, the government needs to increase the number and capacity of rehabilitation institutions.
This capacity building can be achieved through the construction of new rehabilitation facilities and the improvement of the quality of existing rehabilitation services.
Furthermore, the government can collaborate with various social institutions to expand access to rehabilitation services.
By increasing the capacity of rehabilitation institutions, drug users can receive more optimal recovery Therefore, strengthening rehabilitation institutions is a crucial part of policy In addition to increasing the number of rehabilitation facilities, the quality of rehabilitation services also needs to be improved.
Rehabilitation programs should encompass various approaches, such as medical therapy, psychological counseling, and social development.
This comprehensive approach is crucial to ensuring that drug users can fully recover.
Furthermore, rehabilitation programs should involve users' families in the recovery process.
Family support plays a crucial role in helping users maintain behavioral changes after leaving the program.
With a comprehensive approach, the rehabilitation process can deliver more effective results.
Therefore, improving the quality of rehabilitation services is a crucial step in the reconstruction of restorative justice policies.
Paradigm Transformation of Law Enforcement Officers The fourth model in policy reconstruction is a paradigm shift in how law enforcement officials view drug users.
This paradigm shift is crucial because some law enforcement officials still hold a repressive view of drug users.
In the old paradigm, drug users were viewed as criminals who should be punished through imprisonment.
However, in the restorative justice approach, drug users are viewed as individuals in need of a recovery process.
Therefore, law enforcement officials need to understand that rehabilitation is a more appropriate step for drug users.
This paradigm shift can be achieved through training and education on the concept of restorative justice.
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this paradigm shift, law enforcement officials can implement rehabilitation policies more consistently.
Thus, changing legal culture is a crucial part of policy The paradigm shift in law enforcement also needs to be supported by institutional policies that encourage the implementation of a rehabilitative approach.
Law enforcement institutions need to provide clear guidelines regarding rehabilitation priorities for drug users.
Furthermore, the performance evaluation system for law enforcement officers should also consider the success of restorative justice With institutional support, law enforcement officers will be more motivated to consistently implement rehabilitation policies.
This policy can also help create a more humanistic legal culture within the criminal justice system.
Thus, legal culture transformation is a crucial factor in the success of policy reconstruction.
This approach also aligns with Friedman's legal system theory, which emphasizes the importance of legal culture in the effectiveness of the legal system.
Strengthening Inter-Agency Coordination The fifth model is strengthening inter-institutional coordination within the criminal justice system.
The implementation of restorative justice involves various institutions, such as the police, the National Narcotics Agency, and rehabilitation Good coordination between these institutions is crucial to ensure the rehabilitation process runs effectively.
In practice, inter-institutional coordination often faces various administrative obstacles.
Therefore, a clearer coordination mechanism is needed in handling narcotics cases.
This mechanism could take the form of establishing an inter-institutional coordination forum specifically addressing the implementation of restorative justice.
With such a coordination forum, the process of handling narcotics cases can be carried out in a more integrated manner.
Therefore, strengthening inter-institutional coordination is a crucial part of policy Inter-agency coordination also needs to be supported by an integrated information system.
This information system can be used to monitor the rehabilitation process for drug users more effectively.
With an integrated information system, each agency can access the data needed to handle cases.
This can help expedite decisionmaking regarding drug user rehabilitation.
Furthermore, an integrated information system can increase transparency in the handling of drug cases.
This transparency can increase public trust in the law enforcement system.
Therefore, strengthening the information system is a crucial part of reconstructing restorative justice policies.
Based on this analysis, reconstructing the implementation of restorative justice for drug users is an important step in reforming narcotics law enforcement in Indonesia.
A rehabilitative approach that views drug users as individuals in need of recovery can better protect their rights while improving the effectiveness of the 40Agency.
41Agency.
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criminal justice system.
This reconstruction should integrate the elements of legal structure, legal substance, and legal culture as emphasized in Lawrence M.
FriedmanAos legal system theory.
Through such policy strengthening, restorative justice can contribute to creating a more humane and effective law enforcement system in addressing narcotics cases.
Conclusion The implementation of restorative justice for drug users within the jurisdiction of the Metro Jaya Regional Police reflects a shift from a repressive law enforcement approach toward a rehabilitative approach emphasizing the social and health recovery of drug users.
This policy is implemented through an integrated assessment mechanism involving law enforcement officers, medical personnel, and rehabilitation institutions to determine appropriate treatment for users not involved in drug trafficking networks.
However, its implementation still faces several challenges, including limited rehabilitation facilities, weak inter-institutional coordination, and differing perspectives among law enforcement officers regarding drug users.
From Lawrence M.
FriedmanAos legal system theory, these challenges relate to the elements of legal structure, legal substance, and legal culture that have not fully supported the optimal implementation of restorative justice.
Therefore, this study proposes reconstruction through strengthening rehabilitation regulations, optimizing integrated assessment mechanisms, improving rehabilitation capacity, transforming law enforcement paradigms toward rehabilitative approaches, and strengthening coordination among institutions.
These efforts are expected to enhance the effectiveness of rehabilitation policies while creating a more humane and recoveryoriented law enforcement system.
In addition, the government and law enforcement agencies are encouraged to continue developing integrated rehabilitative policies to improve the protection and recovery of drug users in the future.
References