KOMPLEKSITAS DALAM PENEGAKAN HUKUM TERHADAP PEREMPUAN PELAKU TINDAK PIDANA ABORSI (Studi Putusan Nomor 406 /Pid.Sus/2020/PN Jkt.Pst)

• Main Author: Eko Libowo, (Author)
• Format: Book
• Published: 2023-01-26.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/23586/13/ABSTRAK.pdf; http://repository.upnvj.ac.id/23586/14/AWAL.pdf; http://repository.upnvj.ac.id/23586/3/BAB%20I.pdf; http://repository.upnvj.ac.id/23586/15/BAB%202.pdf; http://repository.upnvj.ac.id/23586/16/BAB%203.pdf; http://repository.upnvj.ac.id/23586/17/BAB%204.pdf; http://repository.upnvj.ac.id/23586/18/BAB%205.pdf; http://repository.upnvj.ac.id/23586/19/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/23586/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/23586/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/23586/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/23586/12/ARTIKE%20A.I.pdf
• Keywords: K Law (General)

Abortion remains a frequent problematic issue in today's era, especially in the younger generation. The lack of sex education is the main point of the rampant practice of illegal abortions which indirectly robs the human rights of the abortion victims, namely unborn babies who are aborted. This of course violates the law and religion. In this case, I feel interested in conducting research related to abortion law enforcement in Indonesia. The research method that I use in this writing is a normative juridical approach with statutory and case approaches. On average, law enforcement for perpetrators of illegal abortion practices in Indonesia only applies to health workers, while patients who have had abortions are only given education. In this case, there was an exception to the prohibition on abortion, namely in Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health, which states that abortion may be carried out on the grounds that it is an indication of a medical emergency and pregnancy as a result of rape. However, in terms of medical emergency indications, the 2009 Health Law does not provide a clear explanation regarding the boundaries of medical emergencies. The results obtained by the author show that the act of abortion is prohibited in Indonesia where, based on the Criminal Code in Article 346 of the Criminal Code - Article 349 of the Criminal Code someone who has an abortion on purpose can be punished but the results of research conducted by the author show that abortion may be carried out with medical emergency reasons .