Penegakan Hukum Pidana terhadap Penanganan Gelandangan dan Pengemis di Tempat Umum

Studi Komparatif KUHP Lama dan Baru Berdasarkan Putusan PN Kab. Semarang No.145/Pid.C/PN UNR

Abstract

The phenomenon of homelessness and begging in public places remains a complex social problem and has an impact on public disclosure and legal norms. The main problem in this study is how the criminal law against homelessness and begging in public places, and how the calculation of its provisions in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a regulatory-statutory approach and literature study. In the old Criminal Code, the act of begging is regulated in Article 504 which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425 which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that despite substantial continuity, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited supervision by officials, and minimal rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches, with the active involvement of the government, the community, and social institutions.