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

AbstrakHuman rights, as literated in constitution, described that "every people havethe social rights which is make the people able to develop theirselves totally,as the dignity people ". Besides, it is !iterated in the constitution, which isrelating with the social prosperity, "poors and abandoned children areprotected and cared by nation. The case abaut twelve jakarta's persons whobeing arrested, who give a gift to the beggars coordinators was chased andfive beggar connectors arrested, then been judged are incidents that bringpro and contra in opinion. Judge, as one of four law enforcers, in judgingsame 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, ifther 's same case that make the judge tesitate abaut the exiting regulation,then he may have a constitutional question. Constitutional question is theregulation testing which is dealing with same case, the constitutionalquestion is needed to extend the supremacy of the law and peoplescontitutional rights protection. Is same countries, like Germany, Croatia,Australia, and others countries, constitutional question is under the authorityof constitutional court, what about in Indonesia?