Paulinus Soge
Universitas Atma Jaya Yogyakarta

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Journal : Jurnal Hukum IUS QUIA IUSTUM

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