Tinjauan Yuridis Penegakan Hukum Pelaku Tindak Pidana Aborsi Provocatus Ditinjau Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan

Abstract

Abortion already needs attention through wiser arrangements to avoid unsafe abortion practices and fulfillment of women's reproductive rights as well as the human rights of women and children (fetus). The legalization of abortion needs to be considered more wisely, but not in the sense of liberalizing abortion. Even though abortion is legally prohibited, in reality abortions are still mostly performed by women for various reasons due to the fact that existing regulations and laws are not accommodating to the reasons that force women to have abortions. In article 75 paragraph (1) of Law Number 36 of 2009 concerning Health (hereinafter referred to as the Health Law) which states that everyone is prohibited from having an abortion. This violation also illustrates that basically every creation of God has the right to live and survive. In the Criminal Code (KUHP) in general the arrangements regarding abortion are contained in Article 299, Article 346, Article 347, Article 348 and Article 349 of the Criminal Code. These articles clearly and unequivocally stipulate the prohibition of having an abortion for any reason, including abortion for emergency (forced) reasons, namely as a result of rape, either for the perpetrator or for assisting in the abortion. Even with the sentence being doubled, if the one helping to do it is a medical expert. This research is based on the type of normative legal research. In this case normative research is carried out as a study of law as a norm, namely researching and studying objects against its legal principles, through a statute approach, as well as a juridical approach to sharpen the analysis of research legal materials which aims to find out the basic ideas , and laws and regulations governing the criminal act of abortion. The outputs targeted in this study are mandatory outputs in the form of national journals.

Keywords: Abortion, Crime, Law, Law Enforcement.1 

Tinjauan Yuridis Penegakan Hukum Pelaku Tindak Pidana Aborsi Provocatus Ditinjau Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan