Article 34 paragraph 1 of the 1945 NRI Constitution which states "the poor and neglected
children are cared for by the State". It means that beggars and street children are nurtured or
empowered by the state which is carried out by the government. Imposing the criminal penalty
in the above decision violates the principle of ultimum remidium, namely that the imposition
of a criminal sentence is the final (ultimate) sanction in law enforcement. In addition, there is
injustice and contradiction between the Semarang District Court Decision in Ungaran Number
136 / Pid.C / 2018 / PN.Unr about giving punishment to the beggar cause he begged in public.
It is contradicting with article 34 paragraph 1 of the 1945 Constitution of the Republic of
Indonesia. Knowing the criminal responsibility for begging in public places is related to the
mandate of the 1945 Constitution. The author uses normative legal research methods. The
judge sentenced the criminal to 10 (ten) days imprisonment, instead of being executed
immediately. There is a trial period for 1 month. If the defendant repeats his actions during the
probation period, the criminal sentence must be served by the defendant. the judge only
considers things that relieve the defendant, he is namely not being a recidivist.