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VOL. 9, ISSUE 4 (2023)
Settlement of criminal offences of drug abusers with restorative justice approach
Authors
Fhonna Oktaviola Wulandari, Rizanizarli, M Nur
Abstract
The settlement of the
handling of drug abuse criminal cases through rehabilitation is a mechanism
that cannot be separated from the implementation of restorative justice, with
the spirit to restore the original situation carried out by restoring the
perpetrators of drug abuse crimes that are victimless crimes. The settlement of
the handling of drug abuse criminal cases through rehabilitation is carried out
by prioritising restorative justice and expediency, as well as considering the
principles of fast, simple, and low-cost justice, the principle of punishment
as a last resort (ultimum remedium), and the recovery of the perpetrator. This
research aims to find out and explain the application of restorative justice
against narcotics abuse, the impact of the application of restorative justice
and inhibiting factors in the application of restorative justice against
narcotics abusers.The results showed that the application of restorative
justice to drug abusers is an approach that focuses on recovery and repair, not
just punishment. It involves victims, perpetrators and communities in a process
of repair involving responsibility, accountability and reconciliation. In
implementing restorative justice, it is important to ensure that the process is
fair, transparent, and respectful of human rights. Restorative justice should
also be conducted with care and based on principles of fairness and equity.
This will ensure that the programme is effective and can help individuals
involved in drug abuse problems to overcome their problems and restore their
relationships with society and victims. The application of restorative justice
to people who misuse drugs can have significant positive impacts on the
individuals involved, the community, and the criminal justice system. Among the
positive impacts are raising awareness, improving relationships, providing
alternatives, improving mental health, increasing the effectiveness of
rehabilitation. The application of restorative justice can also have negative
impacts, including difficulties in determining a fair sentence and harming
victims who are not involved in the repair process. The implementation of
restorative justice in drug abuse cases can be hampered by several factors,
including limited resources, lack of support from related institutions,
differences in views, the inability of offenders to access rehabilitation
programmes, stigma against drug abusers, involvement of drug gangs, lack of
awareness and understanding of restorative justice.
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Pages:56-61
How to cite this article:
Fhonna Oktaviola Wulandari, Rizanizarli, M Nur "Settlement of criminal offences of drug abusers with restorative justice approach". International Journal of Law, Vol 9, Issue 4, 2023, Pages 56-61
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