ANALYSIS OF THE SETTLEMENT OF THE NARCOTICS CRIMINAL CASE OF THE SUSPECT "JHT" THROUGH THE RESTORATIVE JUSTICE APPROACH BY THE SORONG PROSECUTOR'S OFFICE

Abstract

This study examines the settlement of a narcotics crime case involving the suspect “JHT” through a restorative justice approach by the Sorong District Prosecutor's Office. Narcotics cases are often viewed primarily as crimes that must be resolved through punishment. However, in certain situations, particularly when the suspect is categorized as a drug abuser or victim of drug abuse, a rehabilitative approach may be more appropriate. This research aims to analyze the legal basis, mechanism, and prosecutorial considerations in applying restorative justice to narcotics cases. The study uses normative legal research with statutory, conceptual, and case approaches. Legal materials are obtained from laws and regulations, prosecutorial guidelines, legal journals, books, and official sources related to the “JHT” case. The findings indicate that restorative justice in narcotics cases is not intended to eliminate legal responsibility, but to redirect the settlement process from a punitive orientation toward recovery through rehabilitation. The Prosecutor's Office plays a strategic role through the principle of dominus litis, as prosecutors have the authority to control prosecution and assess whether a case is eligible for restorative settlement. Nevertheless, its implementation must follow strict requirements, including the suspect's legal status, the amount of evidence, integrated assessment results, and the absence of involvement in illicit narcotics trafficking networks.