Implementation of Exceptions to the Prohibition of Abortion Based on Article 75 Paragraph (2) letters a and b of Law No. 36/2009 on Health and What are the Legal Consequences for Perpetrators of Abortion Crimes.

Authors

  • Restiani Restiani Universitas Pamulang
  • Ahmadi Ahmadi

Keywords:

Abortion Prohibition, Exception, Legal Certainty

Abstract

This paper aims to examine the extent of the implementation of exceptions to the prohibition of abortion based on Article 75 Paragraph (2) letters a and b of Law No. 36/2009 on Health. This study uses a normative legal research approach (literature) by analyzing regulations relating to abortion, data collection techniques by reviewing books, literature, notes, and various reports related to the problem to be solved (Nazir, 2003). Specifically focusing on the application of Law No. 36 of 2009, PP No. 61 of 2014, what it looks like and the extent of its implementation. The potential problem is the existence of rules that have been overridden, unlawfully imposed, and abandoned medical procedures. Products that contain regulations on abortion must provide concrete evidence as the law has aspired to justice, expediency, and legal certainty.  The alternative solution is to strengthen the regulations or regulations relating to the act of abortion and provide a specific explanation of the procedural handling of legal and medically real abortion and at the same time provide legal certainty by providing strict sanctions for Abortion Criminal Offenders.

References

BOOKS

Legalization of Abortion. Martha, Aroma Elmina Martha and Singgih Sulaksana (2019). Published in Yogyakarta, First Printing of UII Press Publisher Yogyakarta (Member of IKAPI).

JOURNAL

Mufliha Wijayati Abortion for Unintended Pregnancy: Contestation Between Pro-Live and Pro-Choice. PPs UIN Sunan Gunung Djati Bandung.

Monika Suhayati and Noverdi Puja Saputra (2020). Legal Affairs, Brief Info. Brief Review of Actual and Strategic Issues: Problems in Law Enforcement of Abortion Crimes. Vol XII, No. 19 / Puslit / October / 2020

Moh. Saifulloh Abortion and its Risks for Women (in view of Islamic law).

Mufliha Wijayanti, Abortion Due to Unwanted Pregnancy: Contestation Between Pro-Live and Pro-Choice PPs UIN Susunan Gunung Djati Bandung.

Ida Bagus Made Putra Manohara, Application of Criminal Sanctions for Abortion Offenders According to the Applicable Legislation (Criminal Code and Law No. 36/2009 on Health). ISSN 2528-360X e-ISSN 2621-6159. Volume 3 Number 1 December 2018.

LAWS AND REGULATIONS

Law of the Republic of Indonesia No. 36 Year 2009 on Health. October 13, 2009.

State Gazette of the Republic of Indonesia Year 2009 No. 144. Jakarta.

Government Regulation of the Republic of Indonesia No. 61 Year 2014 on Reproductive Health.July 21, 2014.

State Gazette of the Republic of Indonesia Year 2014 No. 169. Jakarta.

Criminal Code

ONLINE/WORLD WIDE WEB

Gramedia Digital Blog Legal Certainty Theory https://www.google.com/literasi/teori-kepastian-hukum/amp/ (accessed September 15, 2022).

D katadata.co.id, Understanding Implementation, Objectives, Factors and Examples https://katadata.co.id/sitinuraeni/berita/6243accfd3afb/memahami-pengertian-implementasi-tujuan-faktor-dan-contohnya (accessed September 18, 2022).

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Published

2024-08-15