Abstract

Background: Drug abuse in Indonesia tends to increase and the complex. Since 2015, it has reached alarming levels, cases of drug abusers in court proceedings often get varied sentence. In addition to a sentence of imprisonment, as well as therapy and rehabilitation for health recovery and meet their welfare. The aim of this research is to analyze the problem of punishment for current drug abusers, to reconstruct a drug abuse punishment policy based on fairness and welfare values. Research method was socio-legal research, explorative and descriptive research with approach of law and case approach. Source of data were obtained from field practice and literature study. The data was collected by observation and in-depth interview. Technical data analysis was done qualitatively and inductively. Result: The execution of punishment for drug abusers in Semarang city with the same indictment that Article 121 of Law 35 Year 2009 varies, some get punishment of imprisonment and have to pay compensation, some get punishment of rehabilitation, and there is get double punishment that besides criminal penalties and fines also receive therapy and rehabilitation or double track system. The double punishment has been practiced by some judge in the State Court of Semarang and has also been implemented in prisons Semarang basic implementation refers to the circular Menkumham (Ministry of Law and Human Right) number: M.HH- 01.PK.01.06.10 2015. Conclusions and Recommendations: Double track system against drug abusers has been practiced by some judges in Semarang City, the implementation of the decision has been done in Semarang City prison. There are still problems that resulted in not all drug users get justice and welfare. To solve these problems, a consistent and comprehensive improvement effort must be made for their justice and prosperity.