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September 27, 2025Deleted Journal0 citationsOpen Access

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

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SSSuyanto SuyantoBBBambang Tri BawonoSWSri Endah Wahyuningsih

Key Points

  • Current regulations inadequately allow prosecutors to use rehabilitative measures in narcotics cases, limiting justice outcomes.
  • Weaknesses include unclear legal norms and insufficient rehabilitation facilities, hampering effective responses to narcotics abuse.
  • Constructivism and socio-juridical approaches reveal the need for a reformed regulatory framework emphasizing justice values.
  • Expanding legal clarity and rehabilitation infrastructure is essential to uphold the prosecutor's dominus litis principle in narcotics control.

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.

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Cite This Study

Suyanto et al. (2025) studied this question.

synapsesocial.com/papers/68d7be62eebfec0fc5237a5dhttps://doi.org/10.57185/jlarg.v3i9.135
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