CD Skripsi

Gagasan Dekriminalisasi Terhadap Pasal 505 Kitab Undang-Undang Hukum Pidana Tentang Tindak Pidana Gelandangan

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ABSTRACT
Article 505 of the Criminal Code states that "Any person who is stranded
without seeking, shall be punished for committing homelessness with a maximum
imprisonment of three months". From this article it means that homelessness is a
criminal act that is punishable by crime. On the other hand, Article 34 of the 1945
Constitution confirms that the poor and neglected children are cared for by the
state, it can be seen from the two articles that there is a conflict between the
articles of the 1945 Constitution and the Criminal Code. In addition, in criminal
law, there is a principle of geen straf zonder schuld, this principle requires the
existence of an element of mens rea in the perpetrator, that mistakes are the main
element of a person can be convicted, from this principle it proves that there is no
clear correlation between vagrant behavior and the elements mens rea in
homeless people. The purpose of this study is to determine the need for
decriminalization of article 505 of the Criminal Code.
This research is a normative study with an approach to the legal principle,
namely the principle of geen straf zonder schuld. Using secondary data with data
collection from library research (library research), in qualitative juridical
analysis and concluded using a descriptive analysis method.
From the research results it can be seen that criminalization in Indonesia is
still confusing, the laws in Indonesia still do not pay attention to important
aspects of the criteria for criminalization and decriminalization. As well as the
application of the geen straf zonder schuld principle to Article 505 of the
Criminal Code is not applied so that non-criminal homelessness is said to be a
crime by law. So the conclusion of the problem is an idea that requires the actions
of the homeless to be decriminalized. The process of decriminalizing homeless
people has an important meaning, namely improving the conditions of the
Criminal Code which are considered outdated and will return the criminal law to
its original position, namely as ultimum remedium.
Keywords: Homeless-Crime-Criminalization-Decriminalization-Geen Straf
Zonder Schuld

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0096)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0096)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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