Regulatory Reconstruction for Narcotics Abuse Cases Using a Restorative Approach as an Implementation of the Prosecutor's Dominus Litis Principle

The Attorney General's Office of the Republic of Indonesia has handled cases through rehabilitation with a restorative justice approach as an implementation of the prosecutor's dominus litis principle. This study aims to analyze the regulations for resolving narcotics abuse cases with a restorative approach, identify their weaknesses, and propose a reconstruction of regulations based on justice values. The research uses a constructivism paradigm with a socio-juridical approach and descriptive research design. Data sources consist of primary, secondary, and tertiary legal materials, collected through literature review and analyzed qualitatively. The findings show that current regulations do not explicitly authorize prosecutors to adopt rehabilitative measures in prosecutorial proceedings. Weaknesses include ambiguous legal norms in Articles 54, 127, and 112 of Law No. 35/2009 on Narcotics, limited rehabilitation facilities, and low public awareness of prevention efforts. To address these gaps, reconstruction of legal norms is needed, particularly in Articles 54 and 103 of Law No. 35/2009 and Article 5 Paragraph 6 of Prosecutor's Regulation No. 15/2020. The study concludes that restorative justice in narcotics cases requires a regulatory framework rooted in justice values. Strengthening legal clarity, expanding rehabilitation infrastructure, and fostering public awareness are crucial to ensure that the prosecutor's dominus litis principle supports both justice and effective narcotics control.

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Publication Details

Journal
Journal of Law and Regulation Governance
Published
2025-09-22
DOI
https://doi.org/10.57185/jlarg.v3i9.135
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

Regulatory Reconstruction for Narcotics Abuse Cases Using a Restorative Approach as an Implementation of the Prosecutor's Dominus Litis Principle

Bambang Tri Bawono, Sri Wahyuningsih, Suyanto Suyanto
Journal of Law and Regulation Governance
European Criminal Justice and Data Protection
article

Regulatory Reconstruction for Narcotics Abuse Cases Using a Restorative Approach as an Implementation of the Prosecutor's Dominus Litis Principle

Bambang Tri Bawono, Sri Wahyuningsih, Suyanto Suyanto
article en

Abstract

The Attorney General's Office of the Republic of Indonesia has handled cases through rehabilitation with a restorative justice approach as an implementation of the prosecutor's dominus litis principle. This study aims to analyze the regulations for resolving narcotics abuse cases with a restorative approach, identify their weaknesses, and propose a reconstruction of regulations based on justice values. The research uses a constructivism paradigm with a socio-juridical approach and descriptive research design. Data sources consist of primary, secondary, and tertiary legal materials, collected through literature review and analyzed qualitatively. The findings show that current regulations do not explicitly authorize prosecutors to adopt rehabilitative measures in prosecutorial proceedings. Weaknesses include ambiguous legal norms in Articles 54, 127, and 112 of Law No. 35/2009 on Narcotics, limited rehabilitation facilities, and low public awareness of prevention efforts. To address these gaps, reconstruction of legal norms is needed, particularly in Articles 54 and 103 of Law No. 35/2009 and Article 5 Paragraph 6 of Prosecutor's Regulation No. 15/2020. The study concludes that restorative justice in narcotics cases requires a regulatory framework rooted in justice values. Strengthening legal clarity, expanding rehabilitation infrastructure, and fostering public awareness are crucial to ensure that the prosecutor's dominus litis principle supports both justice and effective narcotics control.

Journal of Law and Regulation GovernanceVol. 3(9)
Sultan Agung Islamic University (ID)
Openalex Percentile: Top 69%
European Criminal Justice and Data Protection
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Regulatory Reconstruction for Narcotics Abuse Cases Using a Restorative Approach as an Implementation of the Prosecutor's Dominus Litis Principle — Bambang Tri Bawono, Sri Wahyuningsih, et al. · Journal of Law and Regulation Governance (2025) | TGRS Research Map | TGRS