Regulatory Dynamics of the Letter of Discontinuation of Prosecution (SKPP) In the Use of Drugs: Between Legality and Restorativity

DOI

10.2991/978-2-38476-513-3_13How to use a DOI?

Keywords

criminal justice system; prosecutorial discretion; restorative justice; termination of prosecution; drug abuse regulation

Abstract

This study analyzes the regulatossry dynamics of the Termination of Prosecution Warrant (SKPP) in drug abuse cases, focusing on the balance between legality and restorative justice. The implementation of restorative-based SKPP enables the Prosecutor’s Office to terminate prosecution for offenders who meet specific criteria, particularly those eligible for rehabilitation instead of criminal punishment. This researsch highlights the importance of optimizing prosecutorial discretion to prevent misuse and ensure that legal decisions align with restorative justice principles. The study adopts a normative-empirical juridical approach, combining legal analysis with field data to provide a comprehensive understanding of how restorative-based SKPP is applied in practice. Findings reveal that clear gusidelines and objective criteria are essential for differentiating between drug users eligible for rehabilitation and drug traffickers who pose greater social harm. Additionally, enhancing the capacity of prosecutors through specialized training in restorative justice is crucial for ensuring informed and fair decision-making. Inter-agency coordination is identified as a critical factor in the successful implementation of restorative-based SKPP. Collaboration between the Prosecutor’s Office, law enforcement agencies, and rehabilitation centers facilitates comprehensive case evaluations and integrated assessments. This cooperative approach helps ensure that restorative justice is applied consistently and effectively. In conclusion, strengthening the role of the Prosecutor’s Office through optimizing discretion, improving prosecutorial competence, and fostering inter-agency collaboration is vital for balancing legality and restorative approaches. These measures not only promote a fair and humane legal process but also reinforce the legitimacy of the Prosecutor’ss Office in upholding restorative justice principles in drug abuse cases.

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  - Fatah Chotib Uddin
AU  - Sri Sulistyawati
AU  - Kartina Pakpahan
AU  - Sigar P. Berutu
PY  - 2025
DA  - 2025/12/23
TI  - Regulatory Dynamics of the Letter of Discontinuation of Prosecution (SKPP) In the Use of Drugs: Between Legality and Restorativity
BT  - Proceedings of the 6th International Conference on Humanities and Social Science (ICHSS 2025)
PB  - Atlantis Press
SP  - 133
EP  - 143
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-513-3_13
DO  - 10.2991/978-2-38476-513-3_13
ID  - Uddin2025
ER  -