IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE SETTLEMENT OF NARCOTIC CASES TO SOLVE OVERCROWDING (DECISION OF THE DIRECTOR GENERAL OF THE GENERAL JUSTICE AGENCY NUMBER: 1691/DJU/SK/PS.00/12/2020 CONCERNING GUIDELINES FOR IMPLEMENTING RESTORATIVE JUSTICE)

Abstract

Circulation and abuse of narcotics is a serious problem and has become a national problem that is considered serious by the government. In addition, the variety of the domino effects brought on by drug usage is growing, and measures to stop drug addiction are difficult to put into action. The Ditjenpas Kemenkumham noted that currently there are 278,849 prison residents in Indonesia, of which 135,758 people are from narcotics cases as of April 2022, which causes overcrowding in prisons. After the decision issued by the Dirjen Badilum regarding guidelines for the general public courts to implement restorative justice, This mandates the implementation of Restorative Justice in the judiciary by all district courts. with the aim of reforming the Criminal Justice System, which still prioritizes prison sentences in the interests of restoring victims or accountability for perpetrators of crimes. with the applicable provisions in the hope that it can provide a fair recovery to victims who suffer and can resolve Overcrowding at the detention center. A normative juridical approach was used for the research in this paper, Which is a method based on the primary legal information by looking at associated laws and regulations, theories, concepts, and”legal principles. This approach is supported by descriptive analysis, because the issue raised in this research is how to implement Restorative Justice for Narcotics abusers in Indonesia which will be a solution to solve the problem of overcapacity in prisons.