IMPLEMENTASI PENDEKATAN KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA PENYALAHGUNAAN NARKOTIKA DI KEJAKSAAN NEGERI TANJUNG PERAK SURABAYA

Abstract

^{This study aims to analyze the implementation of the restorative justice approach and its requirements in resolving drug abuse cases at the Tanjung Perak District  Data were obtained through interviews with officials of the East Java High Prosecutor's Office and the Tanjung Perak District Prosecutor's Office, as well as documentation of relevant regulations and case files, and were then analyzed descriptively and analytically. The findings show that the termination of prosecution through restorative justice-based rehabilitation is implemented on the basis of Attorney General's Guidelines Number 18 of 2021 and Attorney General's Circular Letter Number 1 of 2025, as a manifestation of the dominus litis principle, through stages of file review, integrated assessment, formal legal process, rehabilitation execution, and case evaluation, subject to cumulative substantive requirements (genuine drug-abuser status, evidentiary threshold, first-time offender status, voluntary willingness to undergo rehabilitation, and no involvement in trafficking networks) and procedural requirements (integrated assessment team recommendation, tiered approval, a prosecution-termination order, and a District Court Chief's determination), as reflected in the case of Muhammad Alfath Firdaus. Analyzed through Soerjono Soekanto's theory of legal effectiveness, the legal factor is found to be the strongest supporting factor, while the facilities factor and the societal factor are identified as the most dominant inhibiting factors. This study concludes that restorative justice through rehabilitation is an appropriate mechanism to position imprisonment as a last resort (ultimum remedium) for drug abusers, although its success requires simultaneous strengthening of all five law-enforcement factors, particularly rehabilitation facilities, standardized assessment, and public legal education.}