OPTIMIZATION OF RESTORATIVE+REHABILITATIVE SENTENCE FOR LIGHT-LEVEL DRUG OFFENDERS: EVALUATION OF PRACTICES AND OBSTACLES
Abstract
This study analyzes the optimization of restorative and rehabilitative sentencing, including restorative and rehabilitative approaches for perpetrators of minor drug crimes, and evaluates various obstacles in its implementation. Using qualitative methods with a case study design, the study found that although legal frameworks such as Law No. 35 of 2009 and SEMA No. 4 of 2010 have provided a foundation for restorative sentencing, its implementation in the field remains suboptimal due to regulatory asymmetry, limited rehabilitation facilities, a lack of integrated assessments, and disparities in understanding among law enforcement officials. The findings also indicate that the restorative sentencing approach has proven more effective in reducing recidivism, increasing social reintegration, and positioning users as parties in need of medical-social treatment, rather than simply objects of retributive punishment. This study emphasizes the need for regulatory harmonization, strengthening cross-agency coordination, increasing rehabilitation facilities, and developing more comprehensive operational standards so that restorative sentencing can be applied consistently, fairly, and oriented towards long-term recovery.
References
Abqariyyah, Syarifah, and Azka Nurmasari. (2025), "The Effectiveness of Drug Addict Rehabilitation at the National Narcotics Agency (BNN) in Pekanbaru City." Journal of Public Administration Review 2, no. 1: 259–78.
Indonesia, Head Of The National Narcotics Agency Of The Republic Of Indonesia. (2022), "Regulation Of The National Narcotics Agency Of The Republic Of Indonesia Number 6 OF 2022”.
Indonesia, President Of The Republic Of Indonesia. (2009), "Law Of The Republic Of Indonesia Number 35 Of 2009 Concerning Narcotics".
General, Director's Decree.(2020), Guidelines for the Implementation of Restorative Justice in General Courts.
Riyadi, Trisno. (2025), "Effectiveness Of Rehabilitation Implementation For Drug Criminals In Indonesia." Scientific Research Journal 2, no. 8: 3693–3704.
Sis Nanda Kus Andrianto, et al. (2024), "Implementation of Restorative Justice in Handling Narcotics Abuse by the Directorate of Narcotics Investigation of the NTB Regional Police." Journal of Social, Political, and Legal Sciences 3, no. 4: 321–26.
Siti Lamaya, et al. (2024), Assessment of the Implementation of Prosecutorial Guidelines Regarding Handling Narcotics Cases. Jakarta: Indonesia Judicial Research Society (IJRS)
