DISKRESI KEJAKSAAN TERHADAP PENYELESAIAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA MELALUI PENDEKATAN RESTORATIVE JUSTICE DI KEJAKSAAN NEGERI PADANG

Abstract

Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics states that drug abuse is a person who uses narcotics without rights or against the law. The rise of drug abuse cases increasingly affects the limitation or overcrowding of prisons, in 2023 the Padang State Prosecutor's Office will solve drug abuse crimes through a Restorative Justice approach. What is the problem statement: 1) How is the application of prosecutorial discretion in solving drug abuse crimes through the Restorative Justice approach? 2) What are the obstacles of the Padang District Attorney's Office in implementing Restorative Justice against drug abuse crimes? This research uses sociological juridical, data sources consist of primary data and secondary data. Then the approach data is collected by interviews and document studies, the data is analyzed qualitatively. Analysis concluded that 1) form solving drug abuse crimes based on Restorative Justice was submitted to the Attorney General's Office by carrying out several stages and after obtaining approval to stop the lead of suspects to be rehabilitated at Prof. HB hospital. Saanin Padang 2) obstacles occurred during the rehabilitation Prof.HB hospital. Saanin Padang lacks surveillance of suspects and overcapacity at the hospital.