Steemit could be a platform that allows empowering vagabonds and beggars. this can be done if all the steemians are concerned and concerned about this vulnerable group socially. Although legally vagabonds and beggars have got their rules separately.
The current Criminal Code (KUHP) in Indonesia is felt to be no longer in line with the development of the era in the globalization. As for the setting of beggars provided for in Article 504 of the Penal Code which is punishable by imprisonment, the reason for the punishment is based on the fact that the existence of homeless and beggars disturbs public order and is feared to commit theft and other crimes.
Of course, the reason for the beggar's punishment is unacceptable. Given the efforts of the central government and local government has not been done maximally, or even at the local government level has not had a grand design how empowerment should be done to make beggars do not go back to beg. So the empowerment program under taken by the local government is not just a discourse, but must be able to form the root of the problem to find a wise solution about the existence of sprawl.
Roeslan Saleh, one of the Criminal Law Experts, said that begging was punished under the pretext of concealing the chagrin and poverty of the Indonesian people against the presence of foreign nations in Indonesia. The choice to punish the beggar is an irrational choice by looking at the condition of the prison inadequate (over capacity). So it is necessary functionalization of criminal law that can maintain the harmony between the interests of the state, public interests, and individual interests.
Law enforcement discrimination relates to the label (stigma) that beggars are considered a public waste, this is influenced by their appearance andculture, where as not necessarily entirely every act begging begets pickpocketing and theft in the atmosphere of crowd or characte of criminals. It is clear that there has been a bad label generalization againstbeggars. Compare with the perpetrators of corruption who can still smiles hamelessly highlighted camera and look attractive and neat, where as corruptors who are actually criminals.
The enforcement of criminal law in the handling of beggars contained in the Criminal Code should be harmonized with the higher rules and values that prevail in the community (the living law). As well as the implementation of legislation policies in the reality of punishment in the society, so that the National Social Security System Act and the People's Welfare Act can contribute to poverty alleviation. In Article 34 of the 1945 Constitution, the state is obliged to protect and prosper the society, the hierarchy of Law No.504 is inefficient because of lexing superior derogate legit inferior or contra dictory to higher regulation.
Law enforcement with legal products that overlap each other causes each problem, which ultimately criminalization of an act becomes a crime is veryeasy to happen, eventually the value of justice in society just a slogan in law enforcement. Law enforcement based on good faith will result in a balanced law enforcement between rights and obligations between the people and the state.
The current problems of social welfare indicate that citizens whose basic rights have not been fulfilled properly because they have not received social services from the state. As stipulated in Law no. 40 of 2004 on the National Social Security System and the explanation of Law No.11 of 2009 on Social Welfare. When viewed from the existing legislation it will look a direction of government policy in creating a prosperous society. But the practice?
The concretization of the government's responsibility to provide social welfare to vagabonds and beggars should be immediately implemented, for example by providing guidance and training and developing entrepreneurial spirit for self-reliance. So if the program is implemented if still do the new begging can be applied firmness in the form of punishment in accordance with the deeds performed.
The nature of begging is not an unlawful act, that an act can not be said tobe criminal if there is no evil will in it so it is appropriate if it is criminalized because no one is harmed from the action. Because actually the punishment of beggars is not a solution in maintaining public order but by empowering zakat, infaq and alms well to be improved in a comprehensive manner, and the existence of economic empowerment that can develop the potential for the life of beggars, this program should be as soon as possibleto be implemented.
In Qur'an Surah Al Ma'un mentioned that "let not punish, rebuke sinful".The act is appropriate to be punished if the vagabonds and begging area ccompanied by other crimes or to seek by force, disturbing public orderand by violence. It is therefore advisable that Section 504 be deleted orrenewed through a judicial review mechanism to address the needs with in the impasse. Renewal of the criminal law governing the begging is necessary because there is a correlation between the increase in crime and their rationality of criminal legislation.
The penalty imposed by mistakes is not due to the label or term of the marginalized society to them. Therefore, the most important thing in decriminalization efforts in overcoming the problems begging is to find and find efforts to handle vagabonds and beggars confidentially. May the Central Government in general and local governments be able to see this condition wisely and wisely for subsequent implementation in government action programs. Hopefully…!
