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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Hukum dan Pendidikan Kewarganegaraan
Sri Wahyuni
Universitas Dharma Andalas
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan  Hukum  Pidana Terhadap  Tindakan Pengemis Dan Gelandangan Di Kota Padang Berdasarkan  Peraturan  Daerah  No 11  Tahun 2005  Tentang  Ketertiban  Umum  Dan Ketentraman  Masyarakat Jimmy Aji Santuni; Sri Wahyuni; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 1 (2023): Jurnal Kajian Hukum Dan Kebijakan Publik
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/0ajhfe49

Abstract

Homeless people and beggars are social problems which are social problems in urban areas, not only in big cities but also in small towns. The acts of beggars and vagrants cause problems in society as well as existing laws or norms, begging in public places and vegrants are considered a social disease so that they can be categorized as a form of crime. According to criminal law it is prohibited and is a criminal act that deserves punishment, general criminal sanctions for this activity are regulated in the criminal code, however the regional government through the perda the act of beggars and homeless people violates the padang city regional regulation number 11 of 2005 concerning public order and public peace in article 2 paragraph (4) and article 4 paragraph (7), formulation of the problem 1) how is law enforcement carried out by the satpol pp against the crime of homeless people and beggars in padang city based on padang padang city regional regulation  number 11 of  2025 concerning public order and public peace? 2) what are the obstacles and efforts made by satpol pp in enforcing the law against beggars and homeless people in padang city based on padang city regional regulation number 11 of  2005? The research method is empirical, namely a legal research method that functions to see the law in a real sense and research how the law works in society. So far, beggars and homeless people in the city of Padang will only be given rehabilitation and some will be sent home after being in temporary shelter for selection. This selection process refers to Article 12 in the government Regulation of the Republic of Indonesia Number 31 of 1980 concerning beggars and Homeless. The obstacles faced by the Padang City Satpol PP in taking action against beggars and homeless people in public are: 1) internal factors, facilities and inferastrukture. 2) External factor, community legal awareness. Conclusion: 1) forms of law enforcement against acts of vagrancy and begging commited in public places so far rarely use criminal provision in dealing with thes action. In fact, the criminal provision against sprawl were previously regulated in the Padang City Regional Regulation 2)There are 2 obtacles that become obstacles for the Satpol PP, namely internal (lack of facilities and infrastructure) and external (lack of public awareness).
Analisis Pertimbangan Hakim Dalam Menjatuhkan Pidana Penjara Terhadap Anak Pelaku Tindak Pidana Pencurian Dengan Pemberatan Dalam Perspektif Hukum Pidana Untung Surya Darma; Sri Wahyuni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Juvenile delinquency is a problem with the social norms that underlie social life or continuity, triggering social tension and posing a threat to social stability. Any individual proven to have committed a crime can legally be punished according to the provisions of applicable laws, including children. Aggravated theft can also be committed by children, one of which is in the case with decision number: 8/Pid.sus-Anak/2022/PN Pdg. The panel of judges sentenced the child to 2 (two) months in prison minus the detention that the child has served. This judge's decision is based on the regulations and spirit of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The limitations of this writing are: 1) What is the form of prison sentence for child perpetrators of crimes from a criminal law perspective? 2) What is the basis for the judge's considerations in sentencing a child perpetrator of aggravated theft in Decision Number 8/Pid.Sus-Anak/2022/PN Pdg from a child protection perspective? To address the issues raised, the author applies a normative legal research method using primary, secondary, and tertiary data. The research concludes that in the Indonesian criminal law system, provisions regarding the imposition of criminal penalties are stipulated in the Criminal Code (KUHP) for general crimes, while specific crimes are regulated in laws related to the type of crime. More specifically, provisions regarding the detention of children who commit crimes are regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The basis for the judge's considerations in imposing criminal penalties on children as perpetrators of aggravated theft, particularly in Decision Number: 8/Pid.Sus-Anak/2022/PN Pdg, of course, the judge uses these considerations to ensure that the decision is deemed appropriate and fair.
Co-Authors Helfira Citra Jimmy Aji Santuni Untung Surya Darma