Review Paper
Year: 2023 | Month: August | Volume: 10 | Issue: 8 | Pages: 345-349
DOI: https://doi.org/10.52403/ijrr.20230842
Applying Diversion and Restorative Justice in Juvenile Narcotics Cases at the Binjai District Court, North Sumatera, Indonesia
Lidya Rahmadani Hasibuan1, Rika Jamin Marbun2
1,2Department of Law Science, Faculty of Social Sciences, Universitas Pembangunan Pancabudi, Medan, North Sumatera, Indonesia
Corresponding Author: Lidya Rahmadani Hasibuan
ABSTRACT
The problem of drug abuse involving Narcotics, Psychotropics, and other Addictive Substances is a specialized criminal offense with widespread national and international implications, causing adverse effects on society, the nation, and the country as a whole. In this context, the role of the law is crucial in addressing and combating this criminal activity through the implementation of criminal law policies, as part of the broader efforts in law enforcement. The research objective is to examine the Juridical Review of the Implementation of Rehabilitation Institutions during the Prosecution Stage by the Prosecutor's Office in cases of drug abuse, with a specific focus on Narcotics. The study aims to gain insights into how Rehabilitation Institutions are applied by the Prosecutor's Office during the prosecution stage, following the guidelines outlined in the Attorney General's Directive No. 18 of 2021.
Imposing prison sentences on individuals, especially minors, who fall victim to drug abuse involves the deprivation of their freedom and carries negative implications, making it challenging to fully realize the goals of punishment. In the context of the Binjai District Court, measures are taken to provide a protective environment for children facing legal issues, enabling them to be diverted through the principles of Restorative Justice. Conversely, Rehabilitation is designed to help individuals categorized as drug addicts overcome their dependency on narcotics. The process of resolving drug abuse cases through rehabilitation places emphasis on restorative justice and the potential benefits, taking into account principles of expeditious and uncomplicated justice with minimal costs, the principle of using criminal measures as a last resort, cost and benefit analysis, and the recovery of the offenders involved.
Keywords: Restorative Justice, Narcotics, Juvenile Offenders
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