PENEGAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN GELANDANGAN DAN PENGEMIS DI KOTA YOGYAKARTA

Dwi Ratna Ningsih, NIM.: 16340064 (2020) PENEGAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN GELANDANGAN DAN PENGEMIS DI KOTA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Bums and beggars are people who are alienated from the economic, social and political life of the city. Factors such as poverty, lack of education, limited knowledge, community culture, and so on that ultimately caused the people of Yogyakarta City and outside of Yogyakarta City to do homelessness and begging activities. Judging from the data available at the Yogyakarta Social Affairs Office shows that during the past 4 years (2015-2018) the number of homeless and beggar distribution is still quite high. With the development of homeless people and beggars, it provides an opportunity for the emergence of security and order disturbances, potentially also increasing crime rates, such as: extortion, theft and many others. Therefore, to maintain public order, a sense of comfort, security, peace for the wider community, it is very reasonable if more serious handling efforts are needed. In the Criminal Code the activity is qualified as a criminal offense, namely as a violation in the field of public order Article 504 and 505, and specifically regulated in Yogyakarta Special Region Regulation No. 1 of 2014 concerning Handling of Homeless and Beggars. The focus of the problem in this research is the policy of criminal law regulations on homeless and beggars in the city of Yogyakarta and explains the extent of the implementation of criminal law enforcement against homeless and beggars in the city of Yogyakarta, along with the inhibiting and supporting factors of criminal law enforcement against homeless and beggars in the city of Yogyakarta. This type of research is field research, which is conducting interviews directly with homeless and beggars or places that are used as research objects, in this case that is in the Yogyakarta Social Affairs Office, Yogyakarta City Police Satpol, and Yogyakarta Police. The type of approach used in conducting this research uses a juridical-empirical approach. While the data analysis method used is descriptive analytic. In the data collection method, the compilers use interview and literature study methods. The theoretical framework used in this research is the legal system theory and criminal theory. The results showed that the implementation of criminal law enforcement efforts in tackling homeless and beggars has not been running optimally. The inhibiting factors are the legal structure factors which are related to the performance of law enforcers who have not been maximized in carrying out their duties. Furthermore, the legal substance factor is that in the Special Region of Yogyakarta Regulation No. 4 of 2014 there are no strict rules for homeless people and beggars who have repeatedly been caught in raids / operations. Finally, the factor of legal culture is that there are still people who give money / goods to homeless and beggars, and it is difficult to change the mindset of homeless people or beggars to leave the activity.

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