Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

The Implementation of the Double-Track Restorative Justice System Starts from the Investigation Process of Narcotics Crime Cases at the Investigation Stage

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341700,
        author={Suparno  Suparno and Darlian  Pone},
        title={The Implementation of the Double-Track Restorative Justice System Starts from the Investigation Process of Narcotics Crime Cases at the Investigation Stage},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={double tracking system restorative justice ultimum remedium narcotics},
        doi={10.4108/eai.28-10-2023.2341700}
    }
    
  • Suparno Suparno
    Darlian Pone
    Year: 2023
    The Implementation of the Double-Track Restorative Justice System Starts from the Investigation Process of Narcotics Crime Cases at the Investigation Stage
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341700
Suparno Suparno1, Darlian Pone1,*
  • 1: Universitas Borobudur
*Contact email: darlian.pone@gmail.com

Abstract

This research aims to determine legal phenomena that arise as a result of the criminal justice system, as a reflection on the development of criminal law both at the theoretical and practical levels. The findings in the research are based on two approaches, namely the statute approach as an approach based on statutory regulations, and the conceptual approach which is based on a conceptual approach. There are 3 (three) findings of legal phenomena in this research, namely: first, the presence of a double track system in the punishment mechanism in Indonesia. Second, there is a phenomenon of a paradigm shift in the character of punishment in Indonesia, and the last is rethinking restorative justice in the form of a diversion mechanism based on the Ultimum remedium perspective. In principle, criminal acts are always closely related to criminal sanctions, but in the double-track system, the punishment is directed at criminal acts. Investigators' considerations in resolving narcotics crime cases using a restorative justice approach at the investigation stage are: the suspect is a victim of drug abuse, the urine result is positive, the suspect is not involved in a network, an assessment has been carried out, the suspect has never been punished and the suspect is willing to cooperate with investigators in eradicating narcotics trafficking and giving rehabilitation for suspects of narcotics abuse will be implemented.