This writing is to find out the contradiction between the criminalization
formulated in clause 431 of the RKUHP with the social security system
and clause 431 of the RKUHP against the Vagabond are still relevant
to improve social welfare. The method used by the author is the method
of writing normative law. The results of the discussion of this thesis
explain that there are two contradictions, that is: criminalization with
the provision of disturbing public order which is also the responsibility
of the state through the government to organize a social security
program and punishment with a Category I fine of Rp. 1,000,000.00.
contrary to the guarantee of proper basic needs for the Vagabound.
That Vagabound in the Criminal Code is no longer relevant to be
enforced in the future, because Vagabound is a social problem and
clause 431 of the RKUHP does not pay attention to the main ideas in
the concept of a welfare state in Indonesia. So that clause 431 of the
RKUHP does not bring use value and positive effects in the lives of
Vagabound people in the future.