Year: 2025
Type: article
Abstract: The objective of this study is to examine and analyze the legal regulation of assault crimes caused by alcohol consumption, as well as the application of restorative justice and progressive law in minimizing such crimes.This research is classified as normative legal research, which employs a statutory approach, a case approach, and a conceptual approach, supported by field data.The analysis in this study employs qualitative data analysis through the processing of legal materials in a deductive manner.The research findings indicate that, first, the classification of drunkenness as an offense under positive law results in sanctions, either imprisonment or fines.In instances where alcohol abuse is accompanied by a criminal act, such as assault, the perpetrator may be held accountable under Article 351 of the Criminal Code (KUHP).However, a notable lacuna in the substance of the law regarding assault crimes caused by alcohol consumption is the lenient penalty for individuals who sell or provide alcohol or other intoxicating substances to an already intoxicated individual.The imposition of a more substantial penalty could potentially serve a preventative or deterrent function.Second, restorative justice is predicated on three key principles: an agreement between the perpetrator and the victim to settle the issue outside of court, the voluntary action of the perpetrator to take responsibility for fulfilling the victim's rights, either in the form of compensation or other measures to restore the situation to what it was before the crime, and once these principles are met, the victim may withdraw their report to the police.
Institution: State University of Gorontalo
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4407567193