CONSITUTIONAL QUESTION (MENYOAL KONSTITUSIONALITAS PASAL TENTANG PENGEMIS KUHP PASAL 504 AYAT (1) DAN (2)

Sari

Abstrak
Human rights, as literated in constitution, described that "every people have
the social rights which is make the people able to develop theirselves totally,
as the dignity people ". Besides, it is !iterated in the constitution, which is
relating with the social prosperity, "poors and abandoned children are
protected and cared by nation. The case abaut twelve jakarta's persons who
being arrested, who give a gift to the beggars coordinators was chased and
five beggar connectors arrested, then been judged are incidents that bring
pro and contra in opinion. Judge, as one of four law enforcers, in judging
same chase which is clearly !iterated in the constitution law norm
(regulation) has to be the foundation in his decicion, the judge must discover,
fallow and understand the value and justness sense in the society. But, if
ther 's same case that make the judge tesitate abaut the exiting regulation,
then he may have a constitutional question. Constitutional question is the
regulation testing which is dealing with same case, the constitutional
question is needed to extend the supremacy of the law and peoples
contitutional rights protection. Is same countries, like Germany, Croatia,
Australia, and others countries, constitutional question is under the authority
of constitutional court, what about in Indonesia?