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All Journal Jurnal Hukum IUS QUIA IUSTUM Justitia et Pax
Paulinus Soge
Universitas Atma Jaya Yogyakarta
Law, Crime, Criminology & Criminal Justice

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Legalisasi Aborsi di Indonesia Perspektif Perbandingan Hukum Pidana: Antara Common Law System dan Civil Law System Paulinus Soge
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 4 (2009)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol16.iss4.art4

Abstract

The purpose of this article is to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System. Ius constituendum on abortion in Indonesia is not directed to legalization of abortion as carried out both in The Netherlands and USA but tends to be harmonized with therapeutic abortion concept both in medical and psychiatric fields. Such a harmonization would result in the enlargement of exception in carrying out abortion not only limited on ‘for saving mother’s life based on medical indication’ but also for other reasons such as ‘pregnancy because of rape and incest’, ‘mother experiencing huge mental disorder’ and ’the fetus experiencing huge physical destruction’.Key words : abortion, criminal law, common law system, civil law system
Pengaruh Pembenaran Medis tentang Kapan Kehidupan Dimulai Terhadap Pengaturan Hukum tentang Anak dalam Kandungan Paulinus Soge
Jurnal Hukum IUS QUIA IUSTUM Vol. 19 No. 3: Juli 2012
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol19.iss3.art4

Abstract

The existence of abortion is more frequent in cities than in villages, and most of abortions are done deliberatively, especially in the cities. The problems which will be studied are: First, when does life begin based on the medical study? Second, how should the prevailing laws (ius constiuendum) be to protect the unborn child? Related to the protection for unborn child, the research using normative method has already been conducted. The research result shows that: first, life begins since the conception based on the medical finding. Second, as the result, Article 75 verse (2) b of Law of Health both horizontally and vertically is not synchronous with the prevailing regulations of law. For the legal assurance, Article 75 verse (2) b of Law of Health needs to be reviewed.
Pengaruh Perkembangan Kehidupan Masyarakat terhadap Pengaturan Hukum tentang Aborsi di Indonesia Paulinus Soge
Jurnal Hukum IUS QUIA IUSTUM Vol. 7 No. 15: Desember 2000
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol7.iss15.art11

Abstract

The purpose of this article is neither to explore the evolution of US Supreme Court doctrine concerning abortion, nor to discuss about the controversy on abortion issue occurred at The International Conference on Population and Development (ICPD) in Cairo in September 1994. The discussion is directed to the area of legal policy to anticipate a legal change on abortion in Indonesian Penal Law from "illegal" to "legal" under certain requirements (safe abortion) to prevent women doing unsafe abortion resulting in increasing number of maternal death. To design such an abortion law in Indonesia it is recommended to leam the development of abortion law in various countries especially after the ICPD
THE IMPACT OF PANCASILA AS THE STATE IDEOLOGY OF INDONESIA TOWARD THE PROVISION ON DEATH PENALTY IN THE PENAL CODE BILL Cesar Antonio Munthe; Paulinus Soge
Justitia et Pax Vol. 34 No. 1 (2018): Justitia et Pax Volume 34 Nomor 1 Tahun 2018
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v34i1.1629

Abstract

Pancasila has been the state ideology of Indonesia since the day after the independence of Indonesia that is on the 18th of August 1945. It was formulated by our founding fathers by taking our own values and cultures inherited by our ancestors from some old kingdoms  such as Kutai in Kalimantan, Sriwijaya in Sumatra, and Majapahit in Java. One year after the independence  on the 17th of August 1945, Indonesian government promulgated Law No. 1 Year 1946 concerning The Penal Code on 26th  of  February 1946. Through this law the government at that time stated that Wetboek van Strafrecht voor Nederlandsch-Indie  (W.v.S. Ned. Indie (S. 1915 No. 732) as the main written penal code and was formally called  Kitab Undang-undang Hukum Pidana (KUHP) which in Article 10 provides death penalty as the heaviest main punishment. Dealing with that provision there has been a long debate among Indonesian people whether death penalty is in accordance with Pancasila or not. Netherlands as the home base of death penalty dropped it out from its penal code in 1870 because of the strong struggle of human right proponents. In Indonesia a research carried out in 1981/1982 by The Law Faculty of Undip collaborating with the  The Supreme Court  found out that both proponents and opponents of death penalty used Pancasila as “justification”.  In the effort to give respect to both parties  legal drafters of the  Penal Code Bill provide death penalty as “specific punishment” and put it out of the main punishment  in the Penal Code Bill.Key Words: Pancasila, State ideology, Legal drafters, Specific punishment, The Penal Code Bill.
Co-Authors Cesar Antonio Munthe