Konsep Kebijakan Pidana Dalam Upaya Penanggulangan Tindak Pidana Penyalahgunaan Narkotik Berbasis Keadilan Restoratif

Nugroho, Bastianto (2021) Konsep Kebijakan Pidana Dalam Upaya Penanggulangan Tindak Pidana Penyalahgunaan Narkotik Berbasis Keadilan Restoratif. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Narcotics in the span of its history has been known in civilization, which was originally useful for health. In its fast development, it turns out that it is not only a drug but is a pleasure and in the end it cripples the productivity of humanity which has the potential to reduce humanity's status. Therefore the illegal circulation of all types of narcotics eventually became the concern of civilized mankind, it even became a new nomenclature in crime, namely narcotics crimes. Based on the above, the problems can be formulated: (1). Characteristics of criminal policies through non-penal means against restorative justice-based narcotics abusers. (2). The concept of criminal policy through non-penal means based on restorative justice against the actions of narcotics abusers. This dissertation research is a normative research that examines the study of documents, which uses various legal materials such as: legislation, legal theory, court decisions and can take the form of the opinions of scholars. In accordance with the method used in the writing of this dissertation, some literature is used which aims to describe the sources of legal materials according to philosophical, sociological, and juridical aspects. Restorative justice is based on the basic principle that criminal behavior not only violates the law but also injures the victim and society. Any effort to address the consequences and criminal behavior should, whenever possible, involve both the perpetrator and the injured parties, in addition to providing the victim and perpetrator with what they need in the form of assistance and support. Restorative justice is an approach model in efforts to resolve criminal cases. This approach focuses on the direct participation of the perpetrators, victims and the community in the process of solving criminal cases. The restorative justice approach is a paradigm that can be used as a frame for a strategy for handling criminal cases that aims to address dissatisfaction with the current functioning of the criminal justice system. Characteristics of criminal policy policies through non-penal means for restorative justice-based narcotics abusers seek settlement out of court because abusers as victims of narcotics abuse are required to receive rehabilitation as a form of restoration (curative) and avoid the criminal justice process that can cause stigma against the user. Keywords: criminal policy, non penal, narcotics abuser, restorative justice.

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: 1331800005 bastianto nugroho
Date Deposited: 08 Dec 2021 02:54
Last Modified: 08 Dec 2021 02:54
URI: http://repository.untag-sby.ac.id/id/eprint/12101

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