RESTORATIVE JUSTICE IN THE SETTLEMENT OF CASES OF VICTIMS OF DRUG ABUSE IN THE PROSECUTOR'S OFFICE BASED ON THE PRINCIPLE OF DOMINUS LITIS OF THE PROSECUTOR

Abstract

The enactment of Attorney General's Guidelines Number 18 of 2021 allows for the rehabilitation of suspects at the prosecution level through a restorative justice approach. No victim is involved in drug abuse cases, yet restorative justice is a process of resolving cases between the victim and the perpetrator (suspect), as well as related parties, to achieve reconciliation. This study examines how restorative justice is regulated in the Prosecutor's Office for the resolution of drug abuse cases. Furthermore, what is the role of rehabilitation in resolving drug abuse cases based on the principle of dominus litis in relation to the theory of the purpose of punishment? This study uses normative legal research, using statutory approaches and case studies. Data were obtained through secondary and primary data, then collected through documentary studies and then analyzed qualitatively. The results of the study show that: (1) The regulation of case resolution regarding victims of drug abuse through restorative justice in the Indonesian Attorney General's Office is regulated in the Attorney General's Guidelines Number 18 of 2021, where the Public Prosecutor has a role as dominus litis who is given the authority to determine the direction of case resolution in a more humane and just manner. Perpetrators of drug abuse, in this case, can be qualified as "victims of systemic narcotics crimes", namely victims of entanglement in the structure of the illicit drug trafficking network, dependence on addictive substances and social control; (2) The position of rehabilitation in resolving cases of victims of drug abuse based on the principle of dominus litis related to the theory of the purpose of punishment has basically been regulated in Article 54 of the Narcotics Law, where drug addicts and victims of drug abuse are required to undergo medical and social rehabilitation. However, this provision can only be implemented by a Judge who has the authority to decide on narcotics crime cases. With the enactment of Attorney General's Guidelines Number 18 of 2021, criminal cases involving victims of drug abuse do not need to be referred to the courts for trial. The purpose of sentencing, which aims to resolve the cases of victims of drug abuse, is currently carried out based on the principle of dominus litis.