POLICE DISCRETION IN PLACING DRUG ADDICTS IN REHABILITATION INSTITUTIONS: BETWEEN LEGAL CERTAINTY AND RESTORATIVE JUSTICE

Abstract

This study examines police discretionary authority in handling drug abusers, particularly the dilemma between imposing criminal sanctions as stipulated in Law Number 35 of 2009 on Narcotics and the rehabilitation approach based on restorative justice. The research aims to analyze the legal basis of police discretion, its implementation barriers, and the relevance of the restorative approach within Indonesia's narcotics criminal justice system. The normative juridical method is employed with statutory, conceptual, and comparative approaches. The findings reveal that although Articles 54 and 127 of the Narcotics Law and SEMA Number 4 of 2010 provide legal foundations for rehabilitation, police discretion is frequently hindered by punitive law enforcement orientation, limited rehabilitation facilities, and the legal ambiguity of the addict's dual status as both victim and perpetrator. Restorative justice as an alternative paradigm has the potential to bridge this gap by prioritizing recovery over punishment. The study concludes that regulatory harmonization, institutional capacity building, and a cultural transformation among law enforcers are prerequisites for equitable and effective discretion in comprehensively addressing narcotics problems.