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Overview


Original Research

THE IMPLEMENTATION OF ARTICLE 504 AND ARTICLE 505 OF THE CREDIT CONCERNING BEGGERS AND BUDGETS IS LINKED TO THE ROLE OF THE POLICE, PAMONG PRAJA POLICE UNITS, AND SOCIAL SERVICES IN THE CITY OF BANDUNG

YUYUT PRAYUTI 1, RADEN PANJI PRIATNA 2, and SURACHLANA 3.

Vol 19, No 02 ( 2024 )   |  DOI: 10.5281/zenodo.10695927   |   Author Affiliation: Universitas Islam Nusantara, Bandung, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 723-745   |   Published on: 20-02-2024

Abstract

If a civilian commits a criminal act, the resolution process for violations of criminal law involves the involvement of law enforcement officials such as the Police as investigators, Prosecutors as prosecutors, Judges, and Correctional Institution Officers. However, there are distinctions between the infractions outlined in sections 504 and 505 of the Criminal Code pertaining to vagrancy and beggars. These distinctions arise from the fact that the enforcers are not police officers and prosecutors, but rather civil service police units and social services. Enumerate the subsequent issues: (1) How is the implementation of Article 504 and Article 505 of the Criminal Code incorporated into Indonesian legislation? (2) What are the responsibilities of the Police, Civil Service Police Unit, and Social Services in dealing with cases involving violations of articles 504 and 505 of the Criminal Code pertaining to Homelessness and Beggars, particularly in the City of Bandung? This journal article employs qualitative field research, which is a research method that involves collecting data directly from the field. Empowered by the outcomes of interviews and documentation. The technique employed is a combination of juridical and sociological methodologies. The research findings indicate that the application of Articles 504-505 of the Criminal Code has been implemented but is not fully effective, resulting in inadequate measures to address the issue of homeless individuals engaging in economic activities. Furthermore, the Police, the Civil Service Police Unit, and the Social Service in the City of Bandung, as the institutions responsible for law enforcement, have demonstrated consistent efforts in enforcing the implementation of articles 504 and 505 of the Criminal Code. Bandung City was selected as the research site due to the prevalence of begging, which has significantly disrupted the security and well-being of other community members. Nevertheless, the research findings indicate that there are multiple elements impeding the efficacy of the rules outlined in articles 504 and 505 of the Criminal Code. Additionally, both internal and external hurdles have arisen. The establishment of articles 504 and 505 of the Criminal Code is considered "barren" due to two fundamental reasons: juridical and non-juridical. This presents a traditional dispute that directly opposes the primary responsibilities of POLRI, as stipulated in article 13 of Law Number 2 of 2002. These responsibilities include maintaining public order and security, executing the law, and safeguarding and assisting the community.


Keywords

Beggars and Homeless, Police, Social Services.