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.
Suyanto et al. (Mon,) studied this question.
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