JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–13
Dionisius Yudi Christiano, Sutrisno Sutrisno, Kif Aminanto
This study aims to analyze and reconstruct the mandatory rehabilitation policy for drug abusers in the Indonesian legal system to reduce recidivism of drug crimes. The study employs a normative juridical method with a statutory and conceptual approach, by examining the provisions of Law Number 35 of 2009 concerning Narcotics, specifically Articles 54, 103, and 127, and their relationship to Law Number 22 of 2022 concerning Corrections and Law Number 17 of 2023 concerning Health. The results of the study indicate inconsistencies in norms and the dominance of a criminal approach in practice, which is exacerbated by the weak implementation of integrated assessments and disharmony between the legal and health sectors, resulting in overcrowding of correctional institutions and high recidivism rates. Therefore, this study proposes a reconstruction of rehabilitation policy based on integrated assessments by strengthening the position of assessment results as a binding basis, limiting the discretion of law enforcement officers, and integrating penal and non-penal approaches into a coherent system. The reconstruction is expected to create a more effective, equitable, and recovery-oriented drug abuse management system.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
M. Reza Pranata, Sutrisno Sutrisno, Kif Aminanto
Human trafficking through digital platforms has evolved into a modern transnational crime that utilizes social media, instant messaging applications, online job platforms, and digital technology to recruit and exploit victims across borders. This study aims to analyze police legal policies in preventing digital platform-based human trafficking crimes in Indonesia, identify regulatory weaknesses and empirical obstacles faced by the Indonesian National Police, and formulate a reconstruction of cyber-policing-based legal policies in preventing human trafficking as a transnational crime. This study employs a normative juridical method compared a legislative and a conceptual approaches through an analysis of various national regulations and international legal instruments related to human trafficking and digital law enforcement. The results show that applicable legal policies are not yet adaptive to the development of digital technology-based human trafficking because they are still oriented towards a repressive approach and do not specifically regulate digital trafficking, platform liability, cyber surveillance, and preventive cyber policing. In addition, the Indonesian National Police face structural, substantial, and technological obstacles such as limited digital forensics, the use of anonymous accounts and foreign servers, weak inter-agency coordination, and a suboptimal early detection system for human trafficking in cyberspace. Therefore, a reconstruction of police legal policy is needed through regulatory reformulation, strengthening cyber policing, establishing an integrated early warning system, utilizing artificial intelligence and big data, and strengthening international cooperation to create a more effective, adaptive, and human rights-oriented digital-based human trafficking prevention system in Indonesia.