Forms and Developments of Narcotics Crime During the Covid-19 Pandemic: A Case Study of Court Decision

Prasetya, Muhammad Djaelani; Sari, Iustika Puspa; Said, Syahril; Akbar, Akbar

doi:10.37276/sjh.v4i2.164

Cited by 3 publications

(4 citation statements)

References 23 publications

(17 reference statements)

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“…Confronting the complex issue of narcotics, a reorientation of law enforcement policy is necessary to provide a more holistic and inclusive solution (Prasetya et al, 2023). Restorative justice has emerged as a promising approach, attracting significant attention.…”

Section: Resultsmentioning

confidence: 99%

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Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

Lestari,

Rivanie,

Soewondo

2023

sjh

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This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.

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Section: Resultsmentioning

confidence: 99%

“…With its extensive archipelagic territory, Indonesia faces unique challenges in tackling this issue. The illicit narcotics distribution in Indonesia threatens various regions' public health and social stability (Prasetya et al, 2023).…”

Section: Introductionmentioning

confidence: 99%

Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

Lestari,

Rivanie,

Soewondo

2023

sjh

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“…Men and women are very different in the way they think, act or respond. Women are more emotionally driven and tend to take things personally, whereas men are more logical and tend not to take things personally (Prasetya et al, 2022). Regarding the decision must consider matters that aggravate or mitigate the defendant, is a fact that must be clearly described in accordance with what is found in the examination of the court session, must be clearly revealed in the description of the consideration of the decision (Bonham, 2001;Kahn & Hansen, 2017).…”

Section: Factors Causing Disparities In Drug Abusementioning

confidence: 98%

Decision Disparity in Narcotics Abuse

Jumra

2023

JISSR

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This study aims to determine the factors that cause the disparity of decisions in narcotics abuse, as well as how to overcome it. The development of narcotics abuse and trafficking that has hit the world has also affected the country, its development is so rapid that it is very worrying. Indonesia's vast territory and consists of 17 thousand islands in addition to Indonesia's large population of around 250 million, for the narcotics market is an extraordinarily promising market. this is what attracts foreign narcotics mafia to invade Indonesia in various ways. the type of data is primary data and secondary data, primary data obtained through direct interviews with competent respondents. Secondary data is obtained through literature from various books, legal rules, documents, and other written data that are considered related to this research. The results showed that 1) Factors that cause disparity include subjective factors in making decisions as well as aggravating and mitigating factors; 2) Efforts to overcome the disparity in narcotics abuse decisions are to conduct personality development training, in order to be able to demonstrate professionalism and integrity to pay attention to the case at hand, so as to be able to make policies that provide a sense of justice for every community.

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“…Zehr (2002) adds that the essence of restorative justice lies in restoring the trust broken by criminal acts. Thus, the Perpetrator's position in this concept is to rebuild that trust through a process that supports rehabilitation and the restoration of the original condition (Prasetya et al, 2023).…”

Section: A the Concept Of Restorative Justice In Resolving Criminal O...mentioning

confidence: 99%

Resolution of Theft Cases Using Restorative Justice Approaches in Court

Bahari,

Surbakti,

Iksan

2024

AIJIH

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This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.

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Forms and Developments of Narcotics Crime During the Covid-19 Pandemic: A Case Study of Court Decision

Cited by 3 publications

References 23 publications

Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

Decision Disparity in Narcotics Abuse

Resolution of Theft Cases Using Restorative Justice Approaches in Court

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