Assessment of the Implementation of Guidelines for Handling Narcotics Cases (Guidelines 112021 and Guidelines 182021) by the Prosecutor’s Office in the Legal Area of ​​the DKI Jakarta High Prosecutor’s Office

The problem of differences in the application of the law and the confusion of rehabilitation procedures are the two main problems of the current application of Narcotics Crimes. To overcome these problems, the Indonesian Attorney General’s Office issued 2 (two) policies, namely Guideline Number 11 of 2021 concerning Handling Cases of Narcotics Crimes and/or Narcotics Precursor Crimes (Guideline 11/2021) and Guideline 18 of 2021 concerning Completion of Case Handling of Narcotics Abuse Crimes through Rehabilitation with a Restorative Justice Approach (Guideline 18/2021).

However, the Indonesian Attorney General’s Office considers that Guideline 11/2021 still requires evaluation. Starting from this, the Indonesia Judicial Research Society (IJRS), supported by the Australia Indonesia Partnership for Justice 2 (AIPJ2) through The Asia Foundation (TAF), conducted a research on “Assessment of the Implementation of Guidelines for Handling Narcotics Cases (Guidelines 11/2021 and Guidelines 18/2021) by the Prosecutor’s Office in the Legal Area of the DKI Jakarta High Prosecutor’s Office”.

This study succeeded in identifying a portrait of the handling of drug abuse cases (Article 127 of the Narcotics Law) and drug trafficking cases (Articles 111-116 of the Narcotics Law). In addition, this study also succeeded in identifying the level of conformity of the use of Guideline 11/2021 and Guideline 18/2021 by prosecutors in handling drug crime cases, as well as identifying obstacles or challenges in the application of Guideline 11/2021 and Guideline 18/2021. Through this research, it is hoped that it can provide evaluation and input on the applicability of the two guidelines. Thus, the Indonesian Attorney General’s Office can make decisions and policies based on strong and relevant evidence (evidence-based policy).