Comparative Analysis of Restorative Justice Approaches in Narcotics Policy: Insights for Indonesia

DOI

10.2991/978-2-38476-356-6_48How to use a DOI?

Keywords

Restorative Justice; Comparative Analysis; Narcotics Policy

Abstract

This study explores restorative justice as outlined in Indonesian legislation, focusing on its recognition of case resolution through investigation termination orders and decrees. It analyzes six key variables — Policies and Laws, Practical Implementation, Recommendations, and Learnings — through comparative analysis in managing narcotics cases. Each variable sheds light on critical aspects of restorative justice application, enabling a nuanced evaluation of differences and similarities across various jurisdictions. Restorative justice manifests differently across nations, shaped by unique social, cultural, political, and legal contexts that influence its adoption and effectiveness. Comparative examination of Portugal, the Netherlands, and the United States illuminates these variations, providing insights into pivotal factors for successful implementation. By contextualizing international practices, this research aims to enrich policymaking and legal frameworks in Indonesia, promoting an inclusive and effective approach to restorative justice policies. Through comprehensive comparative analysis, this study aims to deepen understanding of the challenges and opportunities inherent in implementing restorative justice across diverse contexts. It seeks to provide actionable insights to strengthen Indonesia’s judicial system, enhancing fairness and effectiveness for both the justice system and society at large. Portugal’s experience with narcotics decriminalization offers valuable lessons for Indonesia, particularly in establishing evaluative institutions for effective treatment measures. While statistics highlight successful treatment referrals, the program’s overall success hinges on considering each case’s individual context beyond mere statistical metrics. Additionally, Portugal’s experience underscores shifts in narcotics dealer behavior post-decriminalization, emphasizing the need for comprehensive policies integrating law enforcement and public health measures. Conversely, insights from the Netherlands demonstrate the positive impact of integrating restorative justice in the criminal justice system, exemplified by programs that focus on restoring relationships between involved parties. Similarly, the United States’ model illustrates the potential of holistic, restorative justice approaches in handling narcotics cases. Despite ongoing development, parallels between this model and restorative justice principles suggest applicability in Indonesia’s narcotics context. These insights form a foundation for developing effective strategies and policies in Indonesia, emphasizing the roles of law enforcement, community engagement, and redefining victimhood in discussions of victimless crimes.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Siradj Okta
PY  - 2025
DA  - 2025/02/11
TI  - Comparative Analysis of Restorative Justice Approaches in Narcotics Policy: Insights for Indonesia
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 429
EP  - 444
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_48
DO  - 10.2991/978-2-38476-356-6_48
ID  - Okta2025
ER  -