PERTANGGUNGJAWABAN PIDANA BAGI ORANG TUA YANG MENYURUH ANAKNYA SEBAGAI PENGEMIS

Abstrak

The discussion of this research is criminal liability for parents who order their children to beg. The order to order a child to beg, apart from appearing from the child's parents, can also come from certain parties who coordinate the child's begging. The problems of this research are how to regulate criminal law against perpetrators who order children as beggars, what causes children to be exploited to serve as criminals, how is criminal responsibility for perpetrators who send children as beggars. The research method used in completing this thesis is descriptive analysis that leads to normative juridical law research or doctrinal legal research. Based on the results of the study, it can be stated that the criminal law regulation against perpetrators who order children as beggars is regulated in Article 301 of the Criminal Code junto Article 76 I junto Article 88 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Protection Child. The causes of children being exploited to become beggars are caused by economic factors, environmental factors, educational factors, age factors, parental permission, low skills, mental attitude, geographical location and weak handling of beggar problems. Criminal responsibility for perpetrators who order children as beggars is to be given sanctions to the perpetrators, to those who ordered can be subject to imprisonment or fines or both at once. The threat of imprisonment is a maximum of 10 (ten) years, while a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah).