PERTANGGUNGJAWABAN PIDANA MENGEMIS DI TEMPAT UMUM (STUDI KASUS PUTUSAN PENGADILAN NEGERI KABUPATEN SEMARANG DI UNGARAN NO. 136/PID.C/2018/PN.UNR)

Pasaribu, Frisca Inansia Rotua (2021) PERTANGGUNGJAWABAN PIDANA MENGEMIS DI TEMPAT UMUM (STUDI KASUS PUTUSAN PENGADILAN NEGERI KABUPATEN SEMARANG DI UNGARAN NO. 136/PID.C/2018/PN.UNR). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Article 34 paragraph 1 of the 1945 NRI Constitution which states "the poor and neglected children are cared for by the State". It means that beggars and street children are nurtured or empowered by the state which is carried out by the government. Imposing the criminal penalty in the above decision violates the principle of ultimum remidium, namely that the imposition of a criminal sentence is the final (ultimate) sanction in law enforcement. In addition, there is injustice and contradiction between the Semarang District Court Decision in Ungaran Number 136 / Pid.C / 2018 / PN.Unr about giving punishment to the beggar cause he begged in public. It is contradicting with article 34 paragraph 1 of the 1945 Constitution of the Republic of Indonesia. Knowing the criminal responsibility for begging in public places is related to the mandate of the 1945 Constitution. The author uses normative legal research methods. The judge sentenced the criminal to 10 (ten) days imprisonment, instead of being executed immediately. There is a trial period for 1 month. If the defendant repeats his actions during the probation period, the criminal sentence must be served by the defendant. the judge only considers things that relieve the defendant, he is namely not being a recidivist.

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