PELAKSANAAN PENGHENTIAN PENUNTUTAN TINDAK PIDANA NARKOTIKA BERDASARKAN RESTORATIVE JUSTICE OLEH KEJAKSAAN NEGERI PADANG

Abstract

The cessation of prosecution is regulated in Article 140 paragraph (2) of the Criminal Procedure Code (KUHAP). In drug offenses, restorative justice is specifically outlined in the Attorney General's Guidelines Number 18 of 2021. One case involving a drug offense that was resolved through restorative justice involved a suspect with the initials MCR in Padang City, who was suspected of violating Article 112 paragraph (1) in conjunction with Article 127 paragraph (1) of the Narcotics Law. The issues that are the focus of this research are: (1) How is the implementation of cessation of prosecution for drug offenses based on restorative justice carried out by the Padang District Attorney's Office? (2) What obstacles are faced in the process of implementing cessation of prosecution for drug offenses based on restorative justice by the Padang District Attorney's Office? This research employs a sociological juridical approach. The data sources used include primary data obtained through interviews with two sub-section heads in criminal law and secondary data through document studies from case files. The results of the research are analyzed qualitatively. The conclusions from this research are: (1) The implementation of restorative justice is effective in rehabilitating offenders. (2) The obstacles include time limitations, lengthy approval processes, gathering community leaders, public response, and the possibility of recidivism.